What can I expect when I file for the removal of conditions since my wife and I are not living together at the time?

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What can I expect when I file for the removal of conditions since my wife and I are not living together at the time?

I am a CR and need to apply for removal of conditions in a couple of months. My wife and I are planning to file I-751 jointly. The situation is as follows: I am attending a school in a different state and since my wife could not find employment in UT, we decided to live separately. I have always updated my current address with USCIS. We share the same bank account, file taxes jointly and visit each other.

Asked on September 28, 2011 under Immigration Law, Utah

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I can surely understand your concern and I think that the best thing for you to do is to be up front when asked about the situation.  Explain exactly as you have here as to why you are not living together at this time in the same matter of fact manner and that you are with each other as often as time and finances permit.  The issue is always if the marriage is a true union and not a sham for purposes of obtaining citizenship.  That is why there are in depth investigations in to relationships and marriages by INS.  If you are still leery speak with an immigration attorney.  Good luck to you.


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