My spouse and I are about to start the process to go from conditional permanent resident to permanent resident. Things are great between us and we have strong evidence, which we are collecting. I was offered a nice job opportunity out-of-state and I'm thinking about taking it. My spouse will try to relocate, but this would not happen right away (it might be a year). Would us living in separate states cause issues? I saw that USCIS has the following under involuntary separation:
"Under very limited circumstances and where there is no indication of marital disunity, an applicant may be able to establish that he or she is living in marital union with his or her U.S. citizen spouse even though the applicant does not actually reside with citizen spouse. An applicant is not made ineligible for naturalization for not living in marital union if the separation is due to circumstances beyond his or her control, such as:
•Service in the U.S. armed forces; or
•Required travel or relocation for employment."
Would it create trouble if I move away? I'm not required to take the job, but it would be a better career move and my spouse would try to relocate as well.
You must be prepared to answer very pointed question about your marital relationship. Any unusual circumstances must be explained and justified.
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Yes, if you are living in separate locations then the U.S. CIS may have concerns regarding the bona fides of your marital relationship. It will be your burden of proof to demonstrate the bona fides of your relationship. It may be better to defer the start date of your position until after your adjustment of status is completed, or wait until you are both living in the same location before commencing the adjustment process. You may wish to consult with an immigration attorney who can review your situation and advise you accordingly. Good luck!
I wouldn't go so far as to say it would create "trouble" but you would certainly have to provide more evidence than normal, and supporting documents to show why you moved and that your relationship is still stable. Save your employment offer, communication records, travel receipts to see each other, etc. Don't turn down the job opportunity, but go into it knowing that you will have to re-prove your good faith marriage.
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