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F1 student married USC filed AOS but not living together

San Rafael, CA |

I married a US citizen in last November and filed AOS. I've been approved EAD currently and expect an interview date soon. My worry is that we are not living together after getting married because I still go to school in CA . I will move to his house in NV after this semester ends ( in the end of May ). My question is how we can prove our bona fide marriage under this situation. So far, we prepared a joint bank account, pictures with my parents, with his relatives and friends, letters from friends mentioning both our names. He doesn't have a life insurance, car insurance so that we can't make those as joint account.

Attorney Answers 3

  1. Best answer

    Given the situation, showing as much communication as possible would help (emails, phone records, letters, etc). Also, try to visit each other as much as possible. I recently assisted a couple in and AOS, where the husband was in Georgia on military duty and the wife was running a business in MA. Lastly, if you have plans to live with each other at some point, bring that to their attention. If you do not have an attorney, hire on to assist.
    Fabian Powell

  2. I agree with Atty Powell.

    For additional information, please see

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

  3. It makes sense that you're living apart for now, so you will have to explain that clearly in your declarations and prove that you've been visiting each other or communicating.

    Legal disclaimer: This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Do not rely on this advice without speaking to an immigration attorney in detail about your case. This message does not create an attorney-client relationship.

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