US citizen planning to marry a. overstayed tourist visa alien. we met and dated when we were both students who used to go to the same community college. But we now live and go to school in different states and cannot leave our schools. we talk daily and commute every once in awhile to see each other.we've traveled together and met both sides of the family. we are very much in love. We want to get married but we will be living in different states for atleast 1 more yr until i graduate.how can we prove bonafide marriage if we live in different states? what is your advice?
The fact that you are not living together will be an impediment to obtaining approval but it is not impossible. The test is whether your marriage is bona fide at its inception, i.e. at the time you got married did you intend to spend the rest of your life together? The fact that you are or are not living together is only one issue that is looked at. You and your fiance will be best served by consulting with a very experienced immigration lawyer who has handled cases such as this before. This is not the type of case you should be handling on your own.