If my husband is here on a K-1 visa and we were recently married but because of my work we won’t be living together for the first 6 months, will this cause problems when appling for his green card?

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If my husband is here on a K-1 visa and we were recently married but because of my work we won’t be living together for the first 6 months, will this cause problems when appling for his green card?

Asked on December 13, 2013 under Immigration Law, District of Columbia

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This is fine but you need to make sure that you overdocument the bona fide nature of your marriage in this type of situation so that it does not look like you just got married to obtain immigration benefits.  This scenario happens when two spouses are either working in different locations or attending university in different states.  That is fine as long as they establish and maintain joint documentation in both locations and have plenty of evidence of visiting and otherwise interacting and handling joint matters together while they are living apart.


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