If my husband andI are temporarily living apart, how will this effect removal of conditions on my permanent resident card?

UPDATED: Oct 3, 2011

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If my husband andI are temporarily living apart, how will this effect removal of conditions on my permanent resident card?

My husband and I got married about 2 1/2 years ago. Now it is time to apply for removing the conditions on my PR card. The situation is after my husband graduated from college and he went to another state for graduate school about a year ago. I am still school here so cannot move with him until I graduate next year. We have pictures of partying with friends, spending Christmas and vacations, etc. together. We have all joint tax returns, joint bank accounts, joint car title, joint medical cares, joint club membership, etc. I wonder if it is a big flaw in my card condition removal.

Asked on October 3, 2011 under Immigration Law, Michigan


SB, Member, California / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I think that as long as you are still in a loving, bona fide marriage and it sounds like you are, and you have sufficient documentation of the joint things between you as well as a reasonable explanation as to why you are not living together (keep in mind you have to overdocument all the time you do spend together and all the things you have jointly specifically because you are not living in the same place), you have a very good chance of having the conditional status removed.  Again, the burden of proof is upon you so you have to make sure you supply the USCIS with plenty of documentation.  YOu should probably get affidavits from family members, friends, neighbors, fellow students that know about your relationship and the time you spend together and how hard it is on you, etc. and submit those with all the other documentation for your case.

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