Wednesday, July 29, 2009

Green Card Approved Dispite Husband and Wife Living Apart

Our client is a citizen of Nevis and St. Kitts. She is married to a United States citizen. Shortly after the marriage, she was encountered at an airport and placed in Immigration Court proceedings because she had overstayed her visitor status. We were then retained.

The first thing we did was prepare a Petition for Alien Relative for her husband on her behalf with supporting documents of the bona fides of the marriage, notwithstanding the fact that the parties were living apart as a result of the husband’s employment.

Next we appeared in Immigration Court on three occasions and obtained continuances to enable U.S. Citizenship and Immigration Services to adjudicate the husband’s Petition. After the Petition was approved, we moved to terminate the Immigration Court proceeding to confer jurisdiction upon U.S. Citizenship and Immigration Services to adjudicate our client’s Application for Permanent Residence.

The Marriage Fraud Interview was held. We represented the parties at the interview and convinced the examiner after full disclosure that their marriage was bona fide, notwithstanding their living arrangements. The interview was held five days before the second anniversary of their marriage.

At our request, the examiner delayed formal approval for five days, which means that our clients will not have to file a second petition within 90 days before the second anniversary of the green card approval. Our client is now a lawful permanent resident of the United States.

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