Green card through marriage?

[magistra]

My SO is here on an H1B that will expire in about a year. He's been trying to get a green card through job certification but through A Series of Unfortunate Events (economic downturn, arcane rules at institutional employer, etc.), that's beginning to look dicey. We've talked about getting married, but wonder how it plays for an older couple (50s & 60s) with children of our own for whose educations and financial future we want to provide - i.e., separate assets kept that way rather than co-mingled.

Moreover, the current real estate bust makes it impossible to sell either of our houses and combine households, which would be problematic anyway since his immigration status now is tied to a job which is about 90 miles away from mine - a prohibitive commute across traffic-clogged LA. We've been seeing each other for almost 5 years and share holidays with our children, go on vacation together, have museum memberships together, etc. but obviously, don't have utility bills in both names since we can't live together at this time. If he could get a green card, there would more flexibility - when the economy improves, he could transfer closer to me, sell his house in the boonies and move in together, which would make life cheaper as well as more enjoyable.

So my question is, does anyone have any idea how the immigration authorities view a situation like this? Would they assume this is a green card marriage and send him back when the H1B expires?

[nichole]

If you're a real couple, then provide proofs of your dating relationship and they will see the facts. If you file shortly after marriage, then you of course won't have a long history of co-mingled assets. My husband and I are in a similar age bracket and situation, but did the K1 visa. Everything went very smoothly for the visa and green card. At the interview you can explain your situations to them and there is no reason to deny you outright.

After marriage, you do need to co-habitate in one residence maybe on the weekends. Get a joint bank account with some of your joint monies. Add his name to some of your utilities. Get a joint credit card. You could put each other on your car titles. You don't have to drop separate accounts you want to remain for yourself and your heirs. A car isn't a huge asset to "share." You will have to mingle a few things and he needs to get some mail at your address maybe. Your reasons about the economy are valid and they should understand at the interview. We have our separate assets, only one utility in both names, house only in my name, did not change my last name and yet no problems with USCIS, so it is not impossible for you.