Legal status concern

[Maurice427]

What is the name of your state? Pennsylvania
I'm not sure if anyone has expertise in this area but here's my question? My fiancée, who is an international student, is very concerned about our living arrangement after our marriage planned for January 08. She and I met 9 months ago through an online dating service. We live about 50 miles apart and see each other on a regular basis. She lives in NJ, has one child and has been in the US for about 7 years. Our plans were to get married in January but not move together until later in the year. I currently live with my dad and wanted more time to save to have adequate funding before we started looking for an apartment or house. If we are not living together, my fiancée believes that INS may have concerns about the legitimacy of our marriage and deny her legal status. I am very new to the immigration process. Does she have a valid concern?

 

[ImmigAttyLana]

Yes, potentially. If you are married and petition for her permanent residence but are not living together you will have a greater burden of documenting the bona fide nature of your relationship but it does not mean it is not possible. It happens all the time, you would just have to do it correctly.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

 

[Maurice427]

Thank you so much Lana. The information you provided is priceless. I do have a few follow up questions. Currently my fiancee is required as an international student to take a full college load each semester. After we get married, does she still have to meet that requirement even if she doesn't have legal status? What type of things can we expect from INS during the application or interview phase of her request for legal status?

Thanks

Maurice

 

[ImmigAttyLana]

Once you file for her permanent residence, she is protected by virtue of that filing and no longer needs to maintain a valid F-1 status.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[Maurice427]

For anyone familiar with the request for legal status/ permant resident process, specifically what kinds of questions or document requests should me and my soon to be wife expect from INS.

Thanks

Darryl

 

[ImmigAttyLana]

Evidence showing the bona fide nature of your marriage. That will vary from couple to couple.

 

[Maurice427]

Hi Lana. Do you suggest hiring an attorney to help with the paper work once we're ready to file or is it something that we can handle ourselfs? Secondly, if her request is denied can we file again in the future?

Thanks

Darryl

 

[ImmigAttyLana]

Yes, an attorney might be helpful in your case but it is not required. It is up to you. As for a denial, it depends on the grounds for the denial although I don't see why it should be denied if everything is properly and comprehensively submitted.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.