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Getting green card through marriage while having a long distance relationship

San Jose, CA |

My boyfriend and I have been having a long distance relationship and want to get marry soon. I am on H1B visa and currently in the process of filing green card through employer. Since my visa is tied to my current employer I cannot move. He is going to school so he cannot move closer to me. We want to start green card process through marriage now since we are serious about each other and will help to be closer sooner that way. I know government will start investigating to see if this marriage is true or not. Will I have a hard time getting green card since we live in different state? What are the things that I need to prepare for? What will be the steps to do this? Do we need to go to the same state for interview? How soon can I get my green card?

We have all the pictures going back to 9 years ago. Have both of our cell phones on the same family plan and will open up a joint savings account. We have all of his family who can back up our relationship. This is not a fake marriage but it will still be a problem? What kind of problem do we run into? it is not recommended because it takes time?

Attorney Answers 4

  1. Wait until you both live in the same state/city ... start the process then.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.

  2. I agree with my colleague. Your plans are way too risky and USCIS will have a hard time believing that your marriage is real. Wait til you're both living together before you apply for immigration benefits through marriage. Good luck.

    This information is intended as general information only. This communication does not establish an attorney-client relationship between me and the asker.

  3. I agree with my colleagues. Do not start start the process while living apart. You will have problems.

  4. I disagree somewhat with my colleagues. I have filed such cases involving LRDs, and these cases can be successful, particularly when there is a long-standing relationship. 9 years is plenty long! The interview will take place in the beneficiary (your) jurisdiction.

    You may click the link below to find some useful free attorney-prepared self-assessment tools relating to I-130 and I-485 concurrent petitions with low cost do-it-yourself kits.

    Good luck!

    Hasan Abdullah, Founder of ImmigrationEase: (providing user-friendly do-it-yourself case prep with discounted attorney case review services), and Managing Attorney at the Shah Peerally Law Group: (for full legal representation), call 510-742-5887. Note: Hasan Abdullah is an attorney licensed in the State of Illinois. The answer provided is informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client.

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