Obtaining a green card through marriage is one of the most common paths to U.S. residency for foreign spouses of U.S. citizens or lawful permanent residents (LPRs). However, when a couple lives separately, the process can become significantly more challenging. Physical separation, whether due to work, immigration status, or personal circumstances, can raise red flags for U.S. Citizenship and Immigration Services (USCIS). Without careful preparation, these challenges can lead to delays or even denial of your petition. In this article, we will explore the common challenges a couple might face when obtaining a green card through marriage when the couple lives apart.
Questioning the Legitimacy of the Marriage
One of the primary concerns for USCIS is ensuring that marriages are legitimate and not entered into solely for immigration benefits. When a couple lives apart, USCIS may be more skeptical about the authenticity of the relationship. This can especially occur when the couple lacks sufficient evidence establishing the relationship is bona fide.
It is vital to provide extensive documentation to prove the legitimacy of your marriage. This can include photos, joint accounts, joint tax returns, etc. Affidavits from friends and family who can attest to your relationship can also be helpful but are typically seen as secondary evidence.
Reasoning for the Separation
When filing for a green card, it is beneficial to explain why you and your spouse are living separately. Failing to provide a clear and convincing explanation can lead USCIS to suspect that the marriage is not bona fide.
The USCIS officer will likely have specific questions at the interview stage regarding the separation, such as: Why are you residing apart? How long do you expect the separation to occur? What plans have you made in reuniting?
Evidence of Ongoing Communication
Providing evidence of your continuing communication can help demonstrate the ongoing nature of your relationship. USCIS needs to see that despite living apart, you and your spouse maintain regular and meaningful communication. A lack of evidence in this area can raise concerns about the strength of your relationship.
Evidence of Visits or Physical Interaction
Even though you live separately, USCIS expects that you make efforts to see each other in person whenever possible. A lack of visits can be a significant red flag. Providing flight itineraries, photos, and hotel reservations, etc. is beneficial to the success of your petition.
Failure to Show Intent to Live Together
USCIS also wants to see that your separation is temporary and that you have a plan to live together in the once the green card is granted. Explain your plans for the future and provide documentation to support those claims, such as job offers in the same location, or plans to relocate.
Obtaining a green card through marriage when the couple lives separately is possible, but it requires careful planning, thorough documentation, and clear communication with USCIS. By being proactive in addressing potential issues, you can strengthen your petition and increase the likelihood of a successful outcome. If you have any questions, please contact me at cprescott@patellegal.com.