Will Not Living With My Spouse Be a Problem for Removal of Conditions?

12 Jun 2018

Tiffany asks, “I live in a different state than my husband. Will this be a problem for my removal of conditions?”

It might be. It is possible to get a removal of conditions, or ROC approved, if you are living separate from your husband. But the reason if you’ve been married less than three years, you’ll get a conditional green card that expires in two years is so that the government could get another look at your relationship two yeas later to ensure it was established legitimately and not for the purpose of acquiring a green card. What they’re looking for, of course, is fraud. They want to know that this was a legitimate relationship and that it wasn’t just a marriage that was done just to get somebody a green card.

Obviously, the best case scenario is if you’re living together. You’ve co-mingled some of your financial life, especially bank accounts and so on. You want to make the case that yes, this is, was, is, and remains a valid relationship. If you’re living separate from your spouse, that’s not a disqualifying event, but it just makes it a little harder. You’ve got a bigger hill to climb there to prove your case. The obvious question is going to be “Why are you living separate? Is it for a job? Is it because one-half of the couple had to go off somewhere else to work?” A legitimate reason like that might be a pretty good reason. If you’re living separate for another reason, like you’re estranged or separated, then you’ve got more of a concerning situation.

Having said that, even if you’re divorced, it’s still possible to do a removal of conditions. But again, you’re going to have to prove that the marriage was in good faith. It just didn’t work out. And so you’re going to have a little more work to do. It’s possible, but it is going to be a little tougher. Evidence of a comingled life such as joint accounts, having a child, living together, and so on, are the real solid pieces of evidence that they like to see that show that yeah, this is legit. They want to know that you’re moving forward as a married couple and doing all the things a married couple does.

Anything that varies from that very kind of traditional standard expectation is going to make it a little tougher for you. Not impossible, but it’s a little tougher. You’re going to need to compensate even more with your other evidence. If you’re weak in one area, you’re going to have really step up your game in another area.

Disclaimer: The contents of this post were accurate to the best of our knowledge at the time of publishing. Immigration is constantly changing, and old information often becomes outdated, including procedures, timelines, prices, and more. Take note of the publish date. For archival purposes, these posts will remain published, even if new information renders them obsolete. Do not make important life decisions based on this content. No part of this post should be considered legal advice, as RapidVisa is not a law firm. This content is provided free of charge for informational purposes only. If anything herein conflicts with an official government website, the official government website shall prevail.

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