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Living apart married with child - prep for interview

Los Angeles, CA |

Having Green Card interview next week. We are married for 8 years but live apart for 5 years for career reasons. Our son is US citizen, he is 7 now. I moved to USA to different state from where my husband lives as I have job perspective here and many lifetime friends who helped me settle with kido. We are basically petitioning for me and if that works - either I move to my husband's state or he comes here. What is the best way to convey this message at the interview as I am sure we will be asked.

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Attorney answers 3

Best Answer
Posted

The only advice I have is to avoid "if that works" - make your life plans, and be able to discuss the pros and cons of each option, and you are not together yet because you haven't made the final decision on who goes and who stays. Take your son with you to the interview and make sure he sits on your husband's lap. He is the best attorney you can hire for the interview. If the two of you are going to be together for more than just the interview day, a "rehearsal" interview with an attorney is good value - and you can get a reality check on what you say. I hope it goes well.

Asker

Posted

Thank you, Andrew. I was thinking about taking kido with us but worried he might be talking things like "they were arguing",etc. We have nothing to hide but you know how things can be easily misinterpreted. Does Officer have a right to ask children questions?

Andrew John Bartlett

Andrew John Bartlett

Posted

Arguing is a very healthy sign. USCIS are not in the business of giving their seal of approval to good marriages. They are looking for fraud, pure and simple. If you guys had no intention of living together, and said you did, that would be fraud. Where a marriage is real and the circumstances aren't "cookie cutter" happily ever after, that is almost impossible to fake. You just need evidence to back up what you say, and go in there as a family. Really a rehearsal helps. You get an unbiased appraisal of where you all stand. Good luck.

Posted

Your basis for immigrating is not clear. Assuming your USC spouse filed for you as an immediate relative my recommendation is that you tell them the truth about why you are living apart and why it took this long for you to move to the U.S. They will want to know about your bonafide marriage and a child goes a long way to proving you have a real marriage. If you entered the U.S. on a visitor visa and are now adjusting, you might want to check with an attorney about your immigration history and possible fraud issues. Good luck.

Due to the nature of this forum, Attorney Maria J. Marty does not have all the information required to provide legal advice. Accordingly, her responses on Avvo are intended as general and not legal advice.

Asker

Posted

Thank you, Maria. My husband is not a bread provider, per se. I have been supporting myself, our child and often him throughout our marriage. Therefore I was staying abroad saving money and looking for way to come and re-unite our family without the risk of being in financial trouble. So reason number 1 is to get our son to be with two parents. Reason number two - do it in a way that we do not depend on my husband's ability to work in any way.

Maria J. Marty

Maria J. Marty

Posted

Well that's a good reason then for having lived apart. It might be somewhat difficult for the examiner to believe that, it might make sense to hire lawyer for the interview.

Posted

YOU NEED TO TAKE A LAWYER WITH YOU TO THE INTERVIEW.

The government is very suspicious of 'marriages of convenience.'

Sure, you have a child together. But, in your own words you stated that employment and 'lifetime friends' are more important to you than to live with your spouse ... this is highly suspicious.

Also, as my colleague pointed out ... if you used a tourist visa to enter the US fairly recently, this too could be a problem.

Meet with a lawyer immediately.

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. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Asker

Posted

Many thanks for your answer, this certainly helps to prepare. Our son is before everything to me than my husband (sorry but little one needs more care than the big one); friends and employment are in this case the means to ensure the child is OK. If I stay here, my husband would not even have to work. If we go live with him, it will take me for ever to make connections and get an executive role. Whoever wants to consider 16 hours of labor as convenience is welcome to try :) We came 10 months ago so that kido could start the school year and have been flying back and forth

F. J. Capriotti III

F. J. Capriotti III

Posted

You really need to meet with a lawyer. I'm sure that these reasons make sense to you. But, government people don't always apply common sense ... especially if you're 'using' your husband to sponsor you for a greencard. You should expect problems at the interview. Meet with a lawyer ... FIRST THING TOMORROW ... many of us use Skype.