Living Separately After K-1 Visa Marriage, Will This Affect Our Adjustment Of Status?

Arriving on a K-1 Visa requires that you get married within 90 days to your fiance(e). Once you complete this requirement, you will then need to begin to gather as much documentation and evidence to adjust your status and receive a green card.

An important piece of evidence that you will need to provide is proof that you both reside together. This can be achieved with a rental agreement or a mortgage/deed showing both your names at the same address.

If you are currently living separately due to marriage issues, this may cause a problem for you during adjustment of status. You do not want the USCIS to suspect immigration fraud and that is the likely scenario.

Living Apart Temporarily For A Short Period Of Time

living-apart
Living apart as a married couple

Depending on the length of time, you may be able to omit this little detail when filing for adjustment of status.

Let’s say that you and your spouse had an argument and one of you is now living with family and friends for a few weeks to cool off, this will not be a big deal in the end.

However, if you are living apart for months prior to filing adjustment of status and you do not have any shared bank accounts or proof of a shared residence, it will be more difficult to get approved.

If you provide enough initial evidence with your I-485 packet, you may be approved without an interview. This can be good news if you are having marriage problems but you will still need to prepare for an interview.

Spouse Refusing To Sign Adjustment Of Status Form

If your U.S. citizen or permanent resident spouse is now refusing to sign the adjustment of status form you will probably be denied. It is extremely difficult to get your conditional green card without your spouse because you need to submit the affidavit of support (form I-864).

Unless you are being abused by your spouse, you are out of luck for adjusting your status. Try to work out a solution with your spouse and find out why they are refusing to file the I-485 forms with you.

Sometimes during the heat of an argument, people can say things that they don’t mean. If this is a permanent decision, you will need to file for divorce and move back home.

If you suffered abuse, know your rights to file for VAWA to self-petition AOS.

We Do Not Have Enough Evidence Of Bona Fide Marriage

Evidence of a bona fide marriage is important to submit with your adjustment of status packet. This will show that you have a real and genuine marriage.

List of strong evidence of bona fide marriage:

Married filing separately should not affect your ROC.
Include your tax transcripts as evidence
  • Marriage certificate
  • Taxes filed jointly
  • Bank accounts
  • Credit cards
  • Shared residence
  • Cards (birthdays, holidays)
  • Affidavits (from family, friends)
  • Photos of trips together

Without this type of evidence, you will likely be required to show up for an interview. If you still cannot gather this evidence for the interview, your case may be placed under review. Don’t risk getting denied because of lack of evidence, begin gather documents now.

Sometimes it seems like you are just creating evidence for the USCIS, but it is important to provide as much as you can. If you both prefer to have separate bank accounts, that is fine as long as you have at least one shared one.

Get affidavits from family and friends explaining your relationship from their point of view. Make sure they give detailed information about your relationship and how great you guys are as a couple.

Another great thing to include is photos of family holidays, trips and important functions. This shows that you are deeply integrated with each other and your families.

We May End Up Filing For Divorce Before Adjustment of Status

divorce-affidavitofsupport
Divorce can affect immigration status

Filing for divorce can be a stressful and emotional time in your life. You may want to focus only on the divorce but it is important to also figure out how a divorce before AOS will affect your immigration status.

If you arrived on a K-1 visa but have not filed adjustment of status, it will be extremely difficult to be approved for a green card without your spouse.

This is because of the requirement for financial support with the affidavit of support. It does not matter if you currently have a job and know that you will not become a public charge. It is next to impossible to get this requirement waived (there is no waiver available).

 

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Hi! I’m a foreign born Canadian that has immigrated to the United States to marry the love of my life. I successfully navigated the U.S. immigration system all the way to U.S. citizenship. Immigration is a privilege not a right!

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