Immigration Forum / USA Marriage Base / September 2004

Hi:

1.  Yes.
2.  Its up to you.  It may be a good idea.
3.  There are many of them.

Good luck.

1. Given the fact that we are currently not living together due to our
  careers, can I still apply for a marriage based GC ?
  Yes, but you should start getting prepared for the interview now.
  You'll want to demonstrate that you have a real relationship, so keep
  copies of airplane tickets and other proof that you are visiting each
  other on a regular basis, copies of phone bills that show you talk on
  a regular basis, etc.  Also, I think it helps to have a definite plan
  of when you will be living together - such as, after she graduates,
  she will be moving to Seattle to join you.

2. Do I really need an attorney or can I send in the forms?
  A lot of people fill it out themselves, but be prepared to spend a
  lot of time doing research.  If you are risk-averse, hire a reputable
  attorney for that extra peace of mind.

3. Is there a competent attorney anyone can recommend, if I really
  need one?
  I would suggest interviewing several and choosing one you feel
  comfortable with.  www.aila.org has a referral service.

Of interest to you:

Daily News - Thursday, September 30, 2004

Immigration Advice by Allan Wernick, attorney and chairman of the City
University of NY's Citizenship and Immigration Project

This is a question and answer in his column printed today:

Q:

Can I live away from my hsuband and still get my green card?  I cane
here in B-1-B-2 visitor status.  Recently, I married a U.S. Citizen.  I
have been offered a job in another state.

If I take that job, I will be able to spend only one week per mnth with
my husband.  Will our living apart be a problemwhen I apply for
permanent residency?

R:

If you keep good records of your travel and your phone and/or e-mail
contact with your husband, you shouldn't have a problem getting
permanent residency.

The law is clear that the CIS examiners should look at whether your
marriage is real or bona fide, not just whether you are living with
your husband.

Still, if you are living apart, you'll need to take extra care to prove
yours is a real marriage.  In addition to records of your contact with
your husband while away, you might submit some of the following:  a bank
statement showing a joint bank account, tax returns, a joint lease or
title to property, photographs of your wedding or of you and your
hsuband together before or after you were married, letters addressed to
you and your husband at the same address, insurance policies with each
of your names, job records showing yoru spouse as your emergency
contact, joint credit cards, and ills with both your names or different
names but sent to the same address.

Don't worry if you are missing one or more of the items I listed.  Just
bring as many as you can to your interview.

End quote.

Rete