Immigration Corner | My spouse is moving to another state, will it affect the filing process?

Dear Mrs Walker-Huntington,

If you and your spouse have to give up your apartment, and one has to move to another state, where that person has to file for state benefits like housing and food stamps, how does that work against an immigrant getting their green card?

The one that moved to the other state is the one who did the filing, and the other one has to stay in the previous state with friends until things are worked out. It is hard for one person to pay rent. How does all that affect this process? They are yet to change the address because where the immigrant is staying isn’t her place; she is just staying there.

– LL

Dear LL,

Your email is a little confusing, but what I understand is that you are married, but money is tight. The US citizen spouse must move to another state to file for government benefits and the intending immigrant remained in the home state with friends.

When a couple files for a green card, the US Citizenship & Immigration Services expects them to live together to co-mingle their assets and their debts. Everyone’s life is different, and there is no such thing as a picture-perfect marriage for everyone, and so things can be complicated. The basic premise that you must both stick to is the truth. Do not create false evidence to show that you are a couple.

There are some couples who live in different states – mostly for financial reasons. If your spouse is moving to another state to collect government benefits and deny that your marriage exists, or that they do not know where you are in order to collect the benefits – do not do it! Stick to the truth. If they must move for employment purposes or to live with a family member or friend to find work, that is understandable and should be documented.

Life can be difficult when only one member of a household is employed and a couple, at times, must survive however they can, legally. If your spouse is moving temporarily, you need to decide on your marital address and ensure that you see each other during the temporary living conditions.

Because living in separate locations could lead to the conclusion that your marriage is fraudulent and entered into solely for immigration purposes, you and your spouse should meet with an immigration attorney to discuss the specifics of your case. If immigration determines that your case is marriage fraud, you will not be able to gain legal status from a future petition. Tread very carefully with this situation.

Dahlia A. Walker-Huntington, Esq, is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a diversity and inclusion consultant, mediator, and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com