Found an issue on this page? Let us know and we will look into it as soon as possible.
I am on H1B and married to a U.S. citizen, we want to apply for AOS but we are living in two separate states because of employme
Anonymous2 views5 answers
Where should we look for an attorney, which state should we file? my husband is in Florida because of his employment and I am in Vermont.
My last tax return is filed only in Vermont because of employment, I had to reside here for the past year to keep my H-1B. We have joint account and joint utiliy in FL.
Thank you for your guidance
You must file in the jurisdiction where you and your spouse have a "domicile". Domicile means the place where a sponsor has his or her principal residence, as defined in section 101(a)(33) of the Act, with the intention to maintain that residence for the foreseeable future. You should include information to explain why you have 2 addresses due to employment and be prepared to show that you do live together as husband and wife.
You must file in the jurisdiction where you and your spouse have a "domicile". Domicile means the place where a sponsor has his or her principal residence, as defined in section 101(a)(33) of the Act, with the intention to maintain that residence for the foreseeable future. You should include information to explain why you have 2 addresses due to employment and be prepared to show that you do live together as husband and wife.
tuart Jonas ReichImmigration AttorneyNew York, NY ·
You need to consult an attorney to discuss your longer-term plans - where the attorney is doesn't matter quite as much; even an attorney not where either of you are living can handle this if qualified.
Such a case is possible, but you will need to document very strongly how you are carrying on a marital relationship in spite of the distance - documenting frequent trips to see each other, very frequent phone calls, joint financials, etc. If there is a plan for one of you to ultimately seek employment where the other one is located and move there that location may be considered by you both as the marital home and you might chose to proceed on that basis, filing under that jurisdiction but explaining/disclosing the situation in the filing. It sounds like you are both more oriented toward Florida.
Speak with an attorney for further guidance on presenting this case.
Javier G PinedaImmigration AttorneySanta Ana, CA ·
Where the attorney is located should not be a factor, rather find an experienced immigration attorney. You have a unique situation where you are not living with your husband. Before you file take the time to find one. You may look for one at AILA.org and you should be able to pick one from many. Good luck.
