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Married but live at different addresses

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  • Married but live at different addresses

    Hi -

    My husband is a US citizen and I am currently in the US legally under H1B visa (valid until 2012). We decided to get married in the court first and will go back to our country (Vietnam) to have a formal wedding ceremony asap.
    But we want to apply for my green card or at least get a travel parole before we can go back to our country. The issue is that we still live at 2 different addresses at this time (We are searching to buy a house now so that we can move in together but haven't found one yet). Also, we do not have any pictures about our wedding to prove that our marriage is real since it still does not happen yet. Is it gonna create a problem when filing I-130 & 1-485?

    Please help. Thanks.

  • #2
    It will be great to have pictures of the wedding at the time of interview. While filing I-130 you don't need to send pictures but at the time of interview they MAY ask. You need the marriage certificate for the I-130. As far as residence is concerned it will be the best to have same addresses. You may also show car-insurance,life-insurance,health insurance with both of your names on it, Lease showing both names etc. Showing a joint back account is also good to include. Why don't you go get married and come back and do all this? The family-based green card processing is fast for immediate relative..in this case your spouse. You can get the Green card in 7 months to a year. Your EAD or worth authorization should come in 3 months provided all paper work is fine. The best is go get married and then apply. I am in the similar position as you on H1 and got married,came back and we have filed for my GC and EAD in end of August 2009. I am expecting my EAD in end of Nov or December.
    You can still go back to Vietnam get married and come back. There is no question of travel parole for you because you already have an H1 valid till 2012. Do you have your H1 stamped on your passport? If you don't, then you can go get married and get the H1 stamped and return to the US. Then start your Green-card process.
    All the best.
    Last edited by topcatin; 10-09-2009, 01:23 PM.
    Note that this is not a legal advice. Consult your immigration attorney for the best upto-date information.

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