If a green card holder with conditional status as a resident got a job offer in another state but their spouse cannot move with them, will this be a problem?

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If a green card holder with conditional status as a resident got a job offer in another state but their spouse cannot move with them, will this be a problem?

Conditional status of resident through marriage. Will moving alone be a problem if she accepts the job offer considering she still has to wait for the date to have the GC condition status removed?

Asked on December 28, 2011 under Immigration Law, Florida

Answers:

Dustin Bankston / Bankston Immigration Law Office

Answered 9 years ago | Contributor

This situation is certainly not fatal to your application to remove the conditional status at the two-year mark.  The immigration officer that reviews your application is only concerned that your marriage was legitimate at the time of marriage.  However, living separately can be a flag to the officer that your marriage was not legitimate and only entered into for immigration purposes.

In order to overcome this suspicion, I would recommend sending in very robust evidence proving the legitimacy of your marriage with the I-751 petition to remove conditional status.  You will want to show that, while you are living separately, your marriage is still a valid one.  You should endeavor to have as many joint assets and accounts as possible.  If the two-year mark is still far away, keep very good records of all of your travels to visit each other.  Take pictures of holidays spent together and vacations taken together.  Get affidavits from friends testifying to the legitimacy of you marriage.

If your documentation is strong enough and the officer has no suspicions, he or she may waive the interview.  If you do get called for an interview, be ready with even more evidence at the interview.


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