I am a student currently under F-1 Work authorization. My wife and I recently got married, we reside in the same state but about 8 hours driving distance from each other. We intend to move to another state together in the near future. Can she still apply for my permanent residence in the mean time? What steps can she take to start the process?
This is a fairly common situation. AS a practical matter if you are planning on moving to a different state as you say in near future, you might want to just wait until after the move. This is both because you will then have a common address and forgo the extra scrutiny - - ill discuss below - - but more importantly if you are to move anyway so will the file and it will be easier just to file where you then live. I am not sure of the waiting time ntow for a spousal adjustment in New York, but if it is longer than the period you are planning to remain in the state, it may just make sense to wait. Other factors you will have to weigh are when your current status runs out, AS to living apart, here is what I think is most important to note. You must prove a good faith marriage to your spouse. A good faith marriage is one in which the parties intend to live a life together. If you are not living all the time together now, the officer may rightly question how it is you plan to live your whole life together. The answer in many cases, particularly of marriages where the individuals both have important careers, is that the separation is temporary, the sacrifice of living together all the time is made for a common future, and that this is the marriage the two of you want. I presume you make the 8 hour commute on weekends and when you can - - document that - - and explain why the separation now exists and I do not think that will or should be a problem, However, if you are planning on moving to say Florida or Texas in two months...you might just want to wait until you get there for the practical reasons mentioned above.
Your wife can apply for you but there will be questions regarding whether your marriage is bona fide.
What steps must she take is a big question. I suggest the two of you consult with an experienced immigration attorney who practices family immigration.
The best option is to collect all of your documents and consult with an experienced immigration attorney. Your wife can file the I-130 and you the I485 concurrently. You will have to set up a matrimonial home together and then be prepared to provide sufficient evidence of the basis for the extended time apart. It can be done but it needs very strong supporting evidence. Good luck.
