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F1 or GreenCard - please suggest how to sequence

Los Angeles, CA |


I am a citizen of one of EU countries, married to US citizen for the last 7,5 years (our son in 6). Since kido turned 1.5 y.o., we lived separately. I am the main provider and stayed in EU to continue my career that would feed all of us, my husband returned home to US to study and get his BSc degree. We would see each other, of course, now and then but did not share a household per se. Now, years later, for many good reasons I decided to leave executive corporate position and come here and live normal family life. I arrived on B1/2 3 months ago and have another 3 months to stay. My husband wants to petition i140, at the same time local university accepted me as a student and they are ready to file i20. I am worried that USCIS may dislike us living apart for 4 years..What to do?

130, pardon

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Attorney answers 5

Best Answer

Even though you are separated, you have a child together. Your husband can sponsor you for a green card.

Mr. Shusterman's (former INS Trial Attorney, 1976-82) 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.



Thanks Carl! I find it interesting that noone even considered F1 :)


"USCIS may dislike us living apart for 4 years" does not provide you with a bona fide proof of a requisite marriage to seek an immigration benefit for AOS. You truly need a counsel.

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What I think you meant to say is that he wants to file I-130 petition for you, inasmuch as you have a bona fide marriage and a child in common. Circumstances change, and immigration will look at the totality of your evidence to determine your relationship, so do not be afraid to proceed with the family petition if your relationship is in good faith. Please consult with experienced immigration lawyer to determine your options. Contact immigration lawyer Gintare Grigaite, Esq. of Grigaite & Abdelsayed, LLC at 201-471-7989, located in New York and New Jersey, for a consultation about your immigration case. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.


You mean I-130, right? Work with counsel. Shouldn't be a huge issue if you can prove the legitimacy of the relationship.

Disclaimer: This answer is for informational purposes and does not take the place of a consultation with an experienced immigration attorney. This answer does not create an attorney-client relationship.


Since you are married to a US citizen, you could be sponsored for a greencard by your husband. You will need to collect evidence to show that you have a real marriage, despite living apart for years. You might find it difficult to get your F1 status since you are married to a US citizen, as it might look like immigrant intent. Talk to an immigration lawyer directly to discuss your situation. Many of us offer free initial consultations, and I urge you to take advantage of that.

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Alexander M. Ivakhnenko

Alexander M. Ivakhnenko


I agree that working with a counsel would eliminate a lot of issues.