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if my husband moves out after filing I-485 for employer sponsored greencard - will I still be eligible as his wife if legally married but diff homes?

1 Answers. Asked on Feb 13th, 2017 on Immigration - California
More details to this question:
I am concerned about needing to go to a greencard interview as a married couple if is credit report shows a new lease? He claims provided we are legally married it is ok if he moves out BEFORE we receive greencards? We have been married for 17years & previously held a greencard before moving out of US for 6yrs. We now have E3 / E3D visas. We have two children under 9 who are also on the application. I don't want his lease / moving out to make me ineligible for spouse greencard.
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Answered on Mar 14th, 2017 at 1:02 PM

Yours is not a marriage based petition case, and as long as your husband continues to to support your immigration application, I would assume that you will obtain your permanent residence. I will also assume that the move is in the same immigration office jurisdiction as local field offices of USCIS may not wish to adjudicate applications of persons residing outside their jurisdiction. The fact that you already have two children nullifies any suspicion of a non-bona fide marriage. Separate addresses would appear to be more of a concern where a US citizen or permanent resident has married and is petitioning for the spouse, or where the principal in an employment base case has a recent marriage. Due to the limitations of the Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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