Should we apply for my green card now or wait for his graduation? 8 Answers as of January 18, 2011

My husband is a US citizen and I am on H1B visa. We studied together and decided to get married in Dec 2010. We do not live together as I live in Arizona for work and he is still in Florida. Can we apply for my green card now? Or is it advisable to wait until he graduates?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
It is fine to apply for your green card now or later. The fact that you are not living together can easily be explained. There are other considerations though in terms of timing and where to file, where to be interviewed etc. that should be looked at and of course you will need to show that it is a good faith marriage even though you aren't yet living in the same city/ We have done quite a few of these cases for young professionals and you should be fine as long as you know the issues to address in your paperwork. We would be happy to assist you in evaluating what to do and when and give you a fee quote for the process, procedures, etc. Please contact me as indicated below or set up a consultation to figure out what to do.

We do charge for consultations $350 per hour - but whatever you pay for the consultation would then be a credit toward the fees for your case if we are retained for further work after the consultation.
Answer Applies to: California
Replied: 1/18/2011
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
If you are still with a valid immigration status you should wait until you live together to file the petition from your husband. It will be very suspicious for immigration if you can submit evidence that you are living together.
Answer Applies to: Florida
Replied: 1/17/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
There's no real reason to wait. Unless he isn't working and would not be able to satisfy the affidavit of support requirements.
Answer Applies to: Florida
Replied: 1/11/2011
Fletcher, Tilton & Whipple, PC
Fletcher, Tilton & Whipple, PC | Kirk A. Carter
Wait until he graduates. USCIS has a big problem with married couples not living together. Save yourself the headache! So long as you have an H1-b there is no urgency and if you manage to make it to your two year anniversary before your green card is approved you will get a 10 year permanent card instead of the two year conditional card which requires that you file a second round of paperwork with USCIS.
Answer Applies to: Massachusetts
Replied: 1/11/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Nothing to be gained by waiting. Your husband should file for you now (in my opinion).
Answer Applies to: Virginia
Replied: 1/11/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    Not living together will trigger close scrutiny. The advise is always apply asap but hire a professional to present you to avoid complication.
    Answer Applies to: Florida
    Replied: 1/10/2011
    Marie Michaud Attorney At Law
    Marie Michaud Attorney At Law | Marie Michaud
    It is advisable to wait till your are legally married and live together.
    Answer Applies to: California
    Replied: 1/10/2011
    Nicastro Piscopo, APLC
    Nicastro Piscopo, APLC | Louis M. Piscopo
    You can file now, or wait until you live together. It is your personal preference given you are currently in valid H1B status. The benefit of filing now is that you can apply for Employment Authorization and once you receive it you can work for anyone and anyway in the U.S.. Also, you are not restricted to working for your H1B petitioner and do not have to worry about extending your H1B. Also, three year after your get your Green Card you can apply for Naturalization to become a U.S. citizen.
    Answer Applies to: California
    Replied: 1/10/2011
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