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Green card through marraige but spouse living separate temporary

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  • Green card through marraige but spouse living separate temporary

    I am on student visa and currently working on STEM OPT in Jersey City. My spouse is US citizen and she is currently living in Chicago as she has to complete her college. She will be done her college in 1 year. After that she is going to move here in Jersey city. We are from the same place in India. I was going through many forum. It seems like we don't have any problem in applying the green card for me except living separate. She had given her 4 years in study. So, it is really difficult to transfer her college credit to here in New jersey. We tried to contact some colleges but they are saying that she has to do 3 years in order to get the degree. And I am having some limitation in finding the job in Chicago as I am on OPT EAD. So, If anyone can suggest me that Can I apply now or should I wait for next year to finish her college?

    Note: I am having my OPT valid till March 2019.

    Thanks in advance.!!

  • #2
    Originally posted by kumar.patel View Post
    I am on student visa and currently working on STEM OPT in Jersey City. My spouse is US citizen and she is currently living in Chicago as she has to complete her college. She will be done her college in 1 year. After that she is going to move here in Jersey city. We are from the same place in India. I was going through many forum. It seems like we don't have any problem in applying the green card for me except living separate. She had given her 4 years in study. So, it is really difficult to transfer her college credit to here in New jersey. We tried to contact some colleges but they are saying that she has to do 3 years in order to get the degree. And I am having some limitation in finding the job in Chicago as I am on OPT EAD. So, If anyone can suggest me that Can I apply now or should I wait for next year to finish her college?

    Note: I am having my OPT valid till March 2019.

    Thanks in advance.!!
    I am not aware of 3 year degrees in the US. Degrees are based on credit earned, not counted in years. (It typically is 60 credits towards an Associate Degree and 120 credits towards a Bachelors Degree.) I may be wrong, but there may be something else going on. It usually takes approx 4 years to complete a BA/BS. If she's a post grad, it will depend on the program, how long it will be. If she is at an accredited school, there shouldn't be an issue to transfer. Granted there are different accreditation bodies, but then that would be the issue, not the amount of years that she has studied. Make sure you have all the info before you use this as an excuse for not being together.

    You will need to prove that you are sharing life. This includes living expenses, a rental contract/mortgage, shared bank account with the same address, drivers license with the same address and loads of "together" pictures.
    Last edited by NettieL; 08-15-2017, 07:58 AM.
    Not legal advice.

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    • #3
      If you apply for adjustment early next year, you'll be living together by the time of the adjustment interview

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      • #4
        Green card through marraige but spouse living separate temporary

        Originally posted by kumar.patel View Post
        I am on student visa and currently working on STEM OPT in Jersey City. My spouse is US citizen and she is currently living in Chicago as she has to complete her college. She will be done her college in 1 year. After that she is going to move here in Jersey city. We are from the same place in India. I was going through many forum. It seems like we don't have any problem in applying the green card for me except living separate. She had given her 4 years in study. So, it is really difficult to transfer her college credit to here in New jersey. We tried to contact some colleges but they are saying that she has to do 3 years in order to get the degree. And I am having some limitation in finding the job in Chicago as I am on OPT EAD. So, If anyone can suggest me that Can I apply now or should I wait for next year to finish her college?

        Note: I am having my OPT valid till March 2019.

        Thanks in advance.!!
        Hi

        You can apply now. just give Chicago address. so the green card interview will schedule on Chicago. I had the same situation, In my case I was in Philadelphia with CPT status and my wife was in NC (US Citizen).

        Comment


        • #5
          Originally posted by kumar.patel View Post
          I am on student visa and currently working on STEM OPT in Jersey City. My spouse is US citizen and she is currently living in Chicago as she has to complete her college. She will be done her college in 1 year. After that she is going to move here in Jersey city. We are from the same place in India. I was going through many forum. It seems like we don't have any problem in applying the green card for me except living separate. She had given her 4 years in study. So, it is really difficult to transfer her college credit to here in New jersey. We tried to contact some colleges but they are saying that she has to do 3 years in order to get the degree. And I am having some limitation in finding the job in Chicago as I am on OPT EAD. So, If anyone can suggest me that Can I apply now or should I wait for next year to finish her college?

          Note: I am having my OPT valid till March 2019.

          Thanks in advance.!!

          Hi Kumar,

          I too am in a similar situation as yours. One question I had though,if u knw that is, is that would we need affidivit of support document (i864) since we are already working on OPT and can support ourselves?

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