Legal Question in Immigration Law in California


I know that on paper, our situation will look very shady to USCIS but I wanted an opinion form experts.

I am Fench. Came to the US 8 years ago for Grad school (student visa). I am now on an H1B visa. Got married to a US citizen and we are trying to file I-13-/485 so I can get the permanent residency.

Now this is where it gets shady... My husband is currently living in California and I am still living in Virginia (under contract until June but will be moving to CA in July). We did meet in Virginia 3 years ago but he had to move to CA for his job. Also, we eloped (just the two of us) in Las Vegas. Our family have different religions and we didn't want to deal with that. Plus, We'd rather spend money on investing in a house rather than a wedding.

We do have a joint bank account and health insurance policy but I know the above will look weird to USCIS. Is there a chance that the Green card will be denied because of this?

Thank you very much for your help!

Asked on 10/02/12, 3:46 pm

2 Answers from Attorneys

Seeta Nangia Law Offices of Seeta Nangia

You have to convince USCIS that you are in a bona fide relationship despite living physically apart. The joint bank account and health insurance policy helps. An experienced immigration attorney can help you gather additional evidence and present the case to USCIS to demonstrate that you are in a real relationship with your spouse.

Seeta L. Nangia, Esq.

Law Offices of Seeta Nangia

Exclusively Practicing Immigration Law

Phone: (415) 273-9123

Email: [email protected]


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Answered on 10/02/12, 4:45 pm

Marlene Hemmings Marlene Hemmings, Attorney at Law

Your case could look suspicious to USCIS, but I have seen similar circumstances before. As long as you are in H-1B status in July, you could wait until you are both living together to file, & then explain the circumstances of your separation due to employment obligations. Feel free to contact me if you have further questions. Thank you & good luck.

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Answered on 10/03/12, 9:54 am

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