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FOR GUILLERMO: Bea came into the U.S. as a child with her…

FOR GUILLERMO: Bea came into...
FOR GUILLERMO: Bea came into the U.S. as a child with her parents in 1997 when she was 3. The family entered lawfully, but overstayed. Last month, Bea at 24, married her USC boyfriend Sam, 23. The couple love one another, but the USC boyfriend, Sam, lives with his mother in Westschester, NY, and Bea lives with her mother in Queens, NY, because the two are not employed (Bea attends nursing college in Queens, and Sam has difficulty finding a job where his mother lives), yet they are looking for jobs and hope to find a place they can eventually live together. On weekends, they alternate between Bertha traveling to Westchester to be with her USC husband, and the USC husband traveling to Queens to be with Bea.
QUESTON: May Sam file an I-130 petition for Bea, concurrent with an I-485 in order for Bea to obtain EAD and ultimately adjust to LPR, notwithstanding the fact that they are living with their respective mothers?
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Answered in 2 hours by:
3/18/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,415
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Yes, but they better explain in detail and convincingly why they cannot live together at the time being and if they are that strapped for money, they probably will need a Joint Sponsor for the financial aspect of the case.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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Customer reply replied 4 months ago
Understood.
QUESTION: Sam's mother stands to get a large refund on her taxes because of her support of Sam. Consequently, it's economically beneficial that the Petitioner and Beneficiary don't file jointly because they earn hardly anything, and the benefit to Sam's mother is appreciable if she claims Sam as a dependent. Any problem if the married couple don't file jointly?

Yes. The same issue. They better have a good reason for not filing jointly. One of the main things they look at for validity of a marriage is filing taxes jointly. Does it mean they won't get approved with both of these issues? No. But the more issues they have, and the more excuses they have, the harder it is. Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,415
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 4 months ago
OK, then. Parenthetically, I had a similar case granted that I asked for your advice on, with middle aged couple and the nurse wife lived in New Jersey and taxi driver husband worked out of a garage in Queens. After Sec. 245 interview, expressing they planned to ultimately live together, it was approved! Frankly, I was amazed, but they were honest and sincere about their relationship. With this one, they're kids without jobs living separately.
QUESTION: Anything else you might suggest with these kids? Affidavits from the mothers? An attorney's affirmation setting forth the circumstances of their relationship?
Customer reply replied 4 months ago
QUESTION: Anything else you might suggest with these kids? Affidavits from the mothers? An attorney's affirmation setting forth the circumstances of their relationship?

Of course. Anything and everything. Affidavits from friends, family, neighbors, classmates, co-workers, etc. are usually helpful.

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Customer reply replied 4 months ago
Thanks, again!

My pleasure.

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