Filling I-130 but I and my spouse living in different states

[Elaine1511]

Hello everybody,
I just got my Green Card through adjustments of status from F1 student based on employment petition.

I just got married to my husband 1 month ago who is now still F1 student. In fact, we lived together for about 3 years in Texas. However, I just moved to South Carolina to work and just got my Green Card. I will move back to Texas at the end of this year after 1 year contract.

Can we file a form I-130 now when we are living in a different state? Or just wait about 1 more year when I come back Texas?

Any help will be greatly appreciated. Thank you!

[newacct]

Was your marriage before or after you became a permanent resident (i.e. the date your AOS is approved; the "resident since" date on your green card)?

[Elaine1511]

I got my marriage license on 01/09/2020 and date of marriage was on 01/11/2020. However, I did not know my case was approved on 01/08/2020 until I received the approval letter in my mailbox on 01/13/2020. I know the date of marriage is kind of too close

[newacct]

That's a bummer, because if the marriage took place before you became a permanent resident, then he can immigrate as your derivative beneficiary without you having to petition him separately with I-130.

Anyway, yes, you can be living in different states, as long as you are prepared to explain why you are living apart (e.g. for work). You guys should file I-130 and I-485 together since the F2A category is current now.

[Elaine1511]

Thank you so much for your response!