I'm from Belarus and I have a political asylum case in NY. Now i'm in process of changing venue to PA. But on the first hearing I want to change my political case to a marriage. My fiancé is from Texas and one of his offices is in Texas, and one in Philadelphia. He can't change his permanent address to PA cause of business reason. Recently I'd start working for the same company. So we travel together and both don't have a permanent address to live in. Is it going to create a lot of problem cause it is not a "classic marriage case"?
It is doable, but you will be highly scrutinized. I strongly urge you to retain an immigration attorney right away. You have a lot going on here and you need to speak to an attorney regarding your particular situation and the options available to you. Just because you moved, does not mean that the Judge will automatically agree to transfer your case to PA. Good Luck.
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It's definitely more of a challenge to establish that you have a good faith marriage when you don't live with your spouse full-time after the marriage. But it's not impossible, if you have a reasonable and believable explanation for why you need to maintain separate addresses. I would strongly recommend that you and your fiance retain a good immigration lawyer to help you with this case. Not only do you have the issue of your separate residences to deal with, when you try to get a green card based on a marriage you enter into while in removal proceedings you face a higher standard of proof. This is not the sort of case you want to pursue without professional help.
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Sounds like a "commuter marriage." Not traditional and yes, more questions and documents will be needed to further solidify your case before the immigration judge and government attorney/prosecutor called "Assistant Chief Counsel" in quizzing you two at the trial (merit) hearing on why you have this unorthodox arrangement but its "doable' like the other colleague pointed out just need to have competent counsel to help you navigate the case.
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You don't need advice, you need to actually hire an attorney. What you are discussing you may be able to be accomplish but it will be extremely difficult and nearly impossible without an attorney. My firm handles such cases.
Law Offices of Nicklaus Misiti
212 537 4407
Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.
8 lawyers agree
The best way to get immigration attorney advice is to hire one. There are many very good immigration attorneys in Philadelphia and New York.
The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.