If the interview for a green card falls between the planning of a move to a different state, which results in temporary seperation of spouses, is that enough grounds to deny the credibility of a marriage?

-- Gregory Enadeghe (gthe1st@msn.com), June 27, 2004

Answers

Usually not. We have done cases like this several times for graduate students and teachers at Yale whose spouses have received job offers or entered academic programs in other cities. However, be prepared to show evidence of your time together and of your ongoing relationship -- phone bills (Don't use phonecards!), email headers, tickets and photos from when you visit each other, etc.

Even if the relationship suffers with the geographic separation, the case can be won, since the requirement is to show that the marriage was valid at the time of inception. This would be trickier, however. In either case, it would be wise to have a lawyer accompany you to your interview, since some INS/DHS Examiners overstep the law in this area.

-- Michael Boyle (info@immigrantcenter.com), June 29, 2004.