Legal Question in Immigration Law in New Jersey

citizenship through marriage

My wife sponsored me for Green Card. I will be ready to file for the citizenship through marriage in about one year. One condition on getting citizenship through marriage is that the couple should stay married and stay together.

My wife lives in New Jersey and I have found a (computer programming) job in Virginia. I've been looking in NJ but couldn't found any. So, I'd have to work in Virginia. Now, being living in two different states would jeoperdize our citizenship petition? We don't have any children together.

Thank you,

Kash


Asked on 3/24/04, 12:09 pm

2 Answers from Attorneys

David Nachman Nachman & Associates, P.C.

Re: citizenship through marriage

Dear Kash: Living in the same marital residence is only one indicia of the "bona fides of the marital relationship." As you may be aware, since you already seem to have your green card through the marital to a USC process, there are many other things that help to show that a marriage is bona fide (e.g. you have children with your wife, you share joint financial obligations). In today's world the realities are that work (employment opportunities) sometimes cause married persons to live in seperate states. You should prepare yourself with reasonable responses to the Officer who will interview you at your Citizenship interview in the event that this is one of the queries. Best of luck. VTY, David Nachman, Esq. 201-236-9998 (x100)

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Answered on 3/25/04, 7:21 am
Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: citizenship through marriage

Dear Kash,

When the issue of marriage comes up, the Service looks to see that the marriage is bona fide and was entered into in "good faith." There are various types of evidence you could provide to show this in spite of the fact that you and your wife live in different states. You may contact me at the office and I can give you an idea of what documents you could provide to document the validity of your marriage.

Sincerely,

Sameer Kumar

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Answered on 3/24/04, 12:18 pm


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