Bloomfield, NJ asked in Family Law and Immigration Law for New Jersey

Q: I want to apply for my spouses green card we aren't living together because I am in school but can prove that should we?

I am currently a full time student and am enrolled in university just married my gf of 3 years and want to file for her I have affidavit of support with a financial co sponsor and proof such as letters texts pictures videos marriage certificate pictures of ceremony opening a bank account soon is this case possible ?

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3 Lawyer Answers

A: Yes, even though you are not living together, you can still sponsor your girlfriend after marriage for a green card. You would need to explain in writing exactly what your circumstances are that precludes you from living together. It appears that based on your fact pattern that you have a justifiable explanation. You should work with an attorney so that you maximize your chances of a successful outcome. Some of us charge a very affordable flat fee for representation from start to finish.

Glendia  Del Evans
PREMIUM
Answered

A: Yes, you are eligible to apply. Living together is not the only way to demonstrate a bona fide, good-faith marriage. I have successfully handled hundreds of cases where spouses live apart due to work, school, or other circumstances.

If you have been married for less than two years at the time of approval, USCIS will issue a Conditional Green Card valid for two years. This period allows additional time to provide evidence of a genuine marriage. Within 90 days before the card expires, you will need to file Form I-751 to remove the conditions, along with updated supporting evidence.

If you'd like a free checklist of the evidence you should submit when not living with your spouse, let me know—I’d be happy to share the link with you.

James L. Arrasmith
PREMIUM
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Answered

A: Yes, you can apply for your spouse’s green card even if you are not currently living together. Being in school is a valid reason for temporary separation, and as long as you provide strong evidence of a genuine marriage, your case is possible. Immigration officers look for proof that your relationship is real, so it’s good that you have texts, letters, pictures, and a marriage certificate.

A financial co-sponsor is helpful since you’re a full-time student and may not meet income requirements on your own. Joint financial documents, like a shared bank account, can strengthen your case. If you have future plans to live together, written statements explaining your situation can be useful.

You should be prepared to answer questions about your relationship and why you are not living together during the interview. Be honest and provide as much documentation as possible to show your commitment to each other. As long as your marriage is legitimate and you can prove it, your application has a strong chance of approval.

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