Can I file for my green card based on my marriage to a US citizen, even though we don’t stay together now due to my schooling?

UPDATED: Nov 30, 2011

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Can I file for my green card based on my marriage to a US citizen, even though we don’t stay together now due to my schooling?

I am on F1 Visa, married to a US citizen for about a month, we both are staying in different states right now, due to my on-going school. Can I get green card if I file on marriage based now or I can be denied for it?

Asked on November 30, 2011 under Immigration Law, Georgia


SB, Member, California / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your marriage is bona fide, it does not matter that you are not living in the same place at the moment if the circumstances are such that you go to school in one place and your spouse is working or studying in another.  You can still appy but the burden of proof will be heavier for you to provide even more documentation of your joint life together because you are not residing in the same place so be prepared for that.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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