A common question that arises for couples navigating the U.S. immigration process is whether it’s possible to get a marriage-based green card when the spouses live in different states. The answer is yes, it is possible — but the situation often requires extra care, detailed documentation, and a clear explanation to U.S. Citizenship and Immigration Services (USCIS).
Understanding the Core Requirement: A Bona Fide Marriage
For a marriage-based green card to be approved, the couple must show that their marriage is bona fide, meaning it was entered into for genuine reasons — not solely for immigration benefits.
USCIS looks for proof that both spouses intended to build a life together at the time of the marriage and continue to share that intent throughout the relationship.
Living in separate states does not automatically disqualify a couple. However, it can raise questions about the authenticity of the marriage, which is why strong supporting evidence becomes essential.
Why Some Couples Live Apart
In today’s world, it’s not unusual for married couples to temporarily live in different states. Career obligations, educational programs, or family responsibilities often require spouses to be apart for a time. For example:
- One spouse may be working in another state on a temporary job assignment or H-1B client project.
- The other spouse might be completing a university program or taking care of a family member.
- In some cases, a relocation or job change is in progress, but housing or immigration logistics are still being finalized.
USCIS understands that these situations happen. What matters most is whether the separation is temporary and the couple continues to maintain an active, genuine relationship.
Proving a Real and Ongoing Relationship
If you and your spouse live in different states, you’ll need to present clear documentation to show that your marriage is authentic. Examples of strong evidence include:
- Joint financial records such as shared bank accounts, credit cards, or insurance policies.
- Joint tax returns filed as a married couple.
- Photographs together at family events, vacations, or celebrations.
- Travel records, including flight tickets or itineraries showing regular visits.
- Communication logs such as call records, text messages, or video chat screenshots.
- Affidavits from friends or relatives confirming your ongoing relationship.
- Future plans that show your intent to live together — such as lease applications or job searches in the same location.
The more consistent and detailed your evidence, the stronger your application will be.
Be Prepared for Questions at the Green Card Interview
During the marriage-based green card interview, the officer will likely ask why you and your spouse live separately. The best approach is to be honest and specific.
Explain the reason for the temporary separation and emphasize that you are maintaining regular contact and planning to reunite soon.
For example:
- “My spouse is completing a six-month work contract in another state.”
- “We talk every day and visit each other on weekends.”
- “We’re currently looking for housing together in New Jersey once the assignment ends.”
As long as your answers are truthful and supported by documentation, USCIS officers generally understand temporary separation due to life circumstances.
What If USCIS Has Doubts?
If the immigration officer suspects that the marriage may not be genuine, they may schedule a Stokes interview, where each spouse is interviewed separately. The goal is to verify the consistency of your answers and confirm that your relationship is real.
Being well-prepared, organized, and transparent about your situation helps avoid unnecessary complications during this process.
Final Thoughts
A marriage-based green card can still be approved when spouses live in different states — as long as the marriage is genuine and the separation is temporary. The key is to provide clear, consistent, and credible evidence of your ongoing relationship and future plans together.
If you find yourself in this situation, consulting with an experienced immigration attorney can help you prepare your application, organize supporting documentation, and anticipate questions during your interview.
Contact NPZ Law Group
At Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., our immigration attorneys assist couples across the U.S. and around the world with family-based immigration matters. We help clients demonstrate bona fide marriages and prepare for USCIS interviews with confidence.
Call: 201-670-0006
Visit: www.visaserve.com
FAQ: Marriage-Based Green Card When Living Apart
Q: Can USCIS deny my case because I live in a different state from my spouse?
No. USCIS focuses on whether your marriage is genuine, not your physical location.
Q: What documents should I include to prove a real marriage?
Include joint financial records, travel history, photos, communication logs, and evidence of your plans to live together.
Q: What if we have long-distance due to work or study?
That’s fine, as long as you can show ongoing communication and a clear plan to reunite.