By J. Lavetsky, Esq.
Beacon Immigration PLLC
September 8, 2023
Generally when considering a marriage green card application filed by two spouses, we assume that the couple live together in the same residence. But what if cohabitation isn’t feasible?
In fact, U.S. Citizenship and Immigration Services (USCIS) does not impose a strict requirement for spouses to cohabit. The truth is that it’s becoming more common for couples to live separately in the era of remote work, and USCIS has become more accustomed to approving such applications.
Let’s explore the reasons why couples might choose to live separately, and what applicants can do to strengthen their application if they find themselves in this situation.
Simplicity and Geography
Life can be complicated, and sometimes we need to simplify things. Factors like work schedules, family commitments, and personal preferences can make living apart a more viable option.
For example, a married couple may have children from previous relationships. Even couples who live in the same city may find it easier to maintain separate residences if that means that they spend less time commuting to pick up their kids from school, or drop them off at their ex’s on the weekends. Moving in with their partner, who lives 30 minutes in the opposite direction, would be a headache.
Apartment size can also play a role. Housing has become quite expensive in the U.S., and if the couple wish to purchase a bigger home and move in together, they will be facing mortgage rates of about 7%. For many, the wiser financial option may be to temporarily stay put in their own separate homes and save up for when housing prices are more affordable.
Transportation issues can also be an issue. If one spouse doesn’t have access to a car, and public transportation options in their partner’s neighborhood are inadequate, cohabitation might not work.
Of course, we have to consider the popularization of remote work, which allows for applicants to live far from their employer. One spouse may be required to work in person at a particular location, while the other spouse can work remotely from anywhere in the world. In such situations, the other spouse may choose to temporarily live elsewhere for several reasons – for example, to take care of elderly parents.
Demonstrating a Genuine Marriage
Considering that there are many legitimate reasons that marriage green card applicants might not live together, what practical steps can applicants take to prove to USCIS their genuine relationship?
In fact, USCIS places a higher priority on the authenticity of the marriage than your living arrangements. Even living apart, you can still provide substantial evidence of your shared life, such as joint bank accounts, property ownership, shared bills, and photographs from family gatherings and trips.
It will be especially helpful to write formal, detailed affidavits explaining to USCIS your living situations. Walk the USCIS officer through an average day in each of your lives, and how either spouse moving would negatively impact your situation. Would your commute increase? Would you see less of your children? Write it all down and have the affidavits notarized.
Even if you satisfy the USCIS officer reviewing your case that your relationship is legitimate, USCIS may want assurance that you have a genuine intention to live together as a married couple in the future. If your intention is to eventually move in together, you should clearly indicate that in your affidavits.
Conclusion
To sum up, living apart from your spouse does not automatically disqualify you from obtaining a marriage green card. USCIS acknowledges that life can be complex, and cohabitation may not always be the most feasible option for every couple. As long as your marriage is genuine and you can provide the necessary evidence, your application should be approved.
If you have questions about applying for a marriage green card, please get in touch today: +1 845.288.2435 / beaconimmigrationlawyer@gmail.com.
Beacon Immigration PLLC is a law firm located in the Hudson Valley of New York at 6 Eliza Street, Suite 5, Beacon, NY 12508 (Dutchess County).
