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Our client, Fiona was a Canadian medical student, who first came to the U.S. in 2017 on an F-1 student visa. She was enrolled in a competitive medical school in the Midwest, dedicating long hours to studying and clinical rotations. Meanwhile, her boyfriend, Michael was working in New York City.
Despite the distance, they managed to make the long-distance work as they both alternated with weekend flights and had daily video calls and virtual date nights. After years of red-eye flights and saying goodbyes at the airport, they were ready to start the next chapter of their lives, together.
As Fiona’s residency was approaching, one thing was clear, she needed a work authorization, and she needed one fast. The timing was critical, and she couldn’t afford to have any delays impact her ability to begin her medical training. With plans to get married in the next month, our legal team suggested Fiona and Jack begin the F1 visa to green card process immediately through marriage to ensure that she could receive her Employment Authorization Document (EAD) in time. However, there were some concerns that the couple had. They weren’t living together, due to Fiona’s school commitments, which made them worried that this would be an issue in their case. They asked us if they would be scrutinized during the green card process, especially since they saw each other every other weekend.
We reassured them, that long distance does not disqualify any couple from submitting a petition, as long as there is genuine evidence of a bona fide relationship. In addition, Fiona and Michael had decided to draft a prenuptial agreement. Our team reviewed the document and walked them through the implications of what would happen to Fiona’s green card in the case of a divorce.
After four months of filing their petition, Fiona and Michael were scheduled for an in-person marriage interview. We immediately started preparing them. Our clients wanted to reschedule due to work obligations. However, we emphasized the importance of attending the originally scheduled appointment as rescheduling could delay the case anywhere between one and five months. This would also impact Fiona’s start date for residency. We provided a detailed checklist of what to bring to the interview including:
We conducted a mock interview and addressed every concern that they had.
Right after the interview, the officer preliminary approved Fiona’s green card. Two weeks later her green card arrived. Fiona could now begin her residency on time, with a full work authorization, and travel back to Canada to see her family. The entire process took 7 months to get approved. Most importantly, now the couple was living together in the same city, with no more airport goodbyes.
Every marriage case is unique. We had to develop a time-sensitive strategy that would meet Fiona’s medical school deadlines. This case is a perfect example of overcoming obstacles in long-distance relationships. One person was in medical school and the other was working in another state, where they had valid reasons for living apart. The key was presenting that to USCIS in a clear manner. It’s critical to go into any USCIS interview prepared, and we ensured that our clients felt confident, which ultimately led to the same-day approval of their case. If you have questions about your marriage green card case, feel free to reach out to our team today for a free case assessment.
