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ILW.COM Homepage    discuss.ilw.com    discuss.ilw.com    Immigration Discussion    here is my question.
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Frequent Member
Posted
Hi guys good morning!

what happens if the marriage is true and they have all the proofs which clarifies that the marriage is genuine, which are the affidavits from the USC family and friends, some photographs ….but because of the job differences the couple don't live together but they meet in holidays like Christmas, thanks giving and anniversaries. They are honest couple and they don't lie to the USCIS and they tell the truth that they are not living together due to the job differences. But they file the tax together and the house lease, bank account, and some other things are in both name. Do they approve their i751 to remove the conditions?

the experienced guys, who had this kind of case in the past, please give me some ideas about this case. The answer would be appreciated! Thanks!
 
Posts: 109 | Registered: 04-20-2007Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Posted Hide Post
It is a whole picture that counts...

If I were USCIS, I would like to know howcome one accepted a job far away, how long have they lived like that, is that a temporary arrangement... have they ever lived together...
 
Posts: 1558 | Registered: 03-10-2006Reply With QuoteEdit or Delete MessageReport This Post
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Thanks for your response Aneri. Yes they had lived together in the past and the conditional gc was granted. While she was living there with her usc husband, they had a hard time to run the house because of small money she used to make in that down. Then the USC and his family sent the wife to a bigger city to make enough money to support the house. After she moved to the bigger city, she is making enough to support her family to run the house. The husband is still not working because there are no jobs in that small town. She asked her husband to move with her but he doesn’t want to because his kids from 1st wife, his parents and all the relatives live there. There is no doubt that the marriage is 100% genuine because the usc's family and friends all know about it and 2 of them have given an affidavit too.

Please expressed guys give some clue about this case. What happens in this kind of scenario?
 
Posts: 109 | Registered: 04-20-2007Reply With QuoteEdit or Delete MessageReport This Post
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do you guys own the house under both name? does the job requires travelling?
 
Posts: 66 | Registered: 08-29-2007Reply With QuoteEdit or Delete MessageReport This Post
Frequent Member
Posted Hide Post
They don't have their own house but they are renting a house which is under both name.

Yes, she got a temporary job offer in a bigger city that’s why she had to move. Her (USC) husband has a back pain problem that's why he can't work hard but the alien wife is working hard and making money to run the house.
 
Posts: 109 | Registered: 04-20-2007Reply With QuoteEdit or Delete MessageReport This Post
Frequent Member
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Hey guys good morning! It’s time to apply for naturalization for the Alien wife. It’s been 3 years that she was granted her PR status 1st time. But her i751 is still pending and they asked for more evidence. Can she still apply for her naturalization?

Experienced guys please give her your advice whether she should apply for her naturalization now or wait until her i751 gets approved. Thanks!
 
Posts: 109 | Registered: 04-20-2007Reply With QuoteEdit or Delete MessageReport This Post
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hi Sanjay.

Having a separate residence is a red flag to USCIS as you can see.

In order to file for US Citizenship, someone married to a US citizen must have been a permanent resident for 3 years. Since this applicant is at the I-751 stage she must have already been a CR for 2 years. Did she get an extension for 1 year while the I-751 is pending ?
This will determine if she can apply for citizenship or not.
 
Posts: 18 | Registered: 09-19-2007Reply With QuoteEdit or Delete MessageReport This Post
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Posted Hide Post
hi Sanjay.

Having a separate residence is a red flag to USCIS as you can see.

In order to file for US Citizenship, someone married to a US citizen must have been a permanent resident for 3 years. Since this applicant is at the I-751 stage she must have already been a CR for 2 years. Did she get an extension for 1 year while the I-751 is pending ?
This will determine if she can apply for citizenship or not.
Thanks for your message. I think for the US citizenship; she has to be a PR for 2 years and 9 months. Yes, she got an extension for a year. Their marriage is in good faith but, due to the job differences they didn't stay together for some times. But they have the house lease, bank account, car insurance and some other things under both names together. Thanks!
 
Posts: 109 | Registered: 04-20-2007Reply With QuoteEdit or Delete MessageReport This Post
Power Member
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one of the conditions to apply for the citizenship based on a 3 year rule is that the alien and USC spouse have been living together for the past 3 years!!!!
 
Posts: 1558 | Registered: 03-10-2006Reply With QuoteEdit or Delete MessageReport This Post
Regular Member
Posted Hide Post
Why do they have to live together? How about the job situation to run the family? and this person is on a contract , not on a permanent job.There are lot of marriages in this country, the spouse may need to go for a while ( Like truck driving, sea fishing )
 
Posts: 66 | Registered: 08-29-2007Reply With QuoteEdit or Delete MessageReport This Post
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