Successfully Obtained Marriage Based Green Card for Client Even When the Couple Was No Longer Living Together and the Marriage Might Not Be Viable at the Time of the Interview (January 2020)

In a January 2020 decision, USCIS San Jose Field Office approved our client I-130 Petition for Spouse of US Citizen and I-485 Application for Adjustment of Status. 

Client is a beneficiary of an immigration petition filed by her US Citizen husband. Shortly before their Adjustment of Status interview, client and her husband become separated and living apart. Client’s marriage might not be viable at the time of the Adjustment of Status interview. 

Attorney Nguyen D. Luu worked closely with client and her husband to prepare supporting letters and documentary evidence to establish that client's marriage was bona fide at the inception of their marriage. 

In our memorandum of law presented to the Adjudicating Officer at the interview, Attorney Nguyen cited relevant legal authorities and successfully argued that a finding of bona fide marriage is predicated on the couple’s intention to establish a life together at the time the marriage was entered.

Therefore, even if the couple is living in separate apartments, or their marriage is nonviable at the time of the adjustment of status interview, it does not mean their marriage was not bona fide. 

Despite the unusual circumstances, USCIS recognized the marriage as bona fide and approved the petitions. Three weeks after the interview, Client received her green card. The firm is extremely pleased that USCIS rendered a favorable decision.