Very nervious- Should I apply or not?

[greenhouse98]

I just became a USC, my wife is on a H1b. I'm planning to apply got her AOS to green card, but am very nervious because after 6 months of out marriage she had to move to a different state for her medical residency.

Now, should I apply for her or not? Ive heard that USCIS does not like it if the couple lives apart, but we had no choice because of her work. Any experiences or input would be great. We have been married for 2 years.

[PraetorianXI]

It is going to be VERY difficult to prove anything if you two are not living together... how long is the residency going to be?

[greenhouse98]

It is going to be VERY difficult to prove anything if you two are not living together... how long is the residency going to be?

She still has a year and 2 months to go. But the thing is that we travel to see each other freq and have all the proof of that, the calls we make all the time to each other, also her name is on my medical and life insurance, also tax returns as we filed jointly. My name was on her first lease when she moved away and my name is on her car insurance, etc etc.

I mean the way I see it is that it will be impossible for them to prove that out marriage is not bonified, but I guess the burden of proof does lie on us?!

Also, the reason she did move away was because of medical residency, if you know anything about that, the resident really has no choice to go where the are "matched" and I had to stay because of work.

BTW, I also have tons of wedding pics, etc.

[PraetorianXI]

As long as you gather more and more evidence, you should be fine and that you guys have well defined plans to be together soon (it should be only 7 months by the time you get interviewed).

Do you guys have leases? car titles? tax returns? and more stuff together?

I'd say go ahead and file. Being married 2 years already helps, but just make sure she maintains her H1B status just in case and that you keep gathering evidence.

[greenhouse98]

As long as you gather more and more evidence, you should be fine and that you guys have well defined plans to be together soon (it should be only 7 months by the time you get interviewed).

Do you guys have leases? car titles? tax returns? and more stuff together?

I'd say go ahead and file. Being married 2 years already helps, but just make sure she maintains her H1B status just in case and that you keep gathering evidence.

My name is on her first lease (she has changed apartments since then). I put the down payment on her car, my name is on the insurance. My name is also on her med insurance, and her on mine, etc. We talk almost 2000 minutes a month on the phone (thats a lot considering that shes a resident).

But whats the worst case scienero? I'm planning to apply for AOS, advance parole, AND a work permit. Do you think the work permit is a good idea since she has a H1-b? Will getting the work permit invalidate her H1?
God forbid, if she gets denied, will her H1 be revoked? what happens next?