Separate households?

[Bananas 0]

Hi! I'm really new to this, and I have a few questions. First, here's my story!

I met my boyfriend while studying abroad in the UK. We are absolutely madly in love and have been talking about getting engaged before I leave the UK (in July) and applying for the K-1 visa. I still have 2 years left at university in the States and he is currently employed as a software engineer in London. Although I wasn't quite expecting to be married this young (I'm 21, he's 23) we are positive that we want to spend our lives together and we are more anxious than ever to begin this daunting process.

We think the smartest option is to begin the application process for the K-1 visa, wait for it to be processed, and then he'll come to America and we'll get married within the 90 day time frame.

However, because I'm still a student, am obligated to live in on-campus housing and my university doesn't offer married housing, living together straight away does not seem feasible. Also, there are virtually no jobs for him in the secluded area of my university (he has a degree in computer science). We discussed the possibility of being legally married but living in nearby US cities for a year while I finish my degree and having a nice casual ceremony once I've graduated. This would allow us to see each other on a regular basis and allow him to gain more work experience. I'm not sure if this is even an option, though, as it seems many forms require evidence of a mortgage or lease that demonstrates cohabitation. We certainly aren't plotting to have any kind of green card marriage, we just want to be as close as possible while I finish school without hindering his career. We realize that we could just wait until I graduate to begin this process, but having already done the overseas longdistance relationship for over half a year, we are determined to make our time apart the absolute minimum.

Has anybody had experience applying for the K-1 visa while living apart for a while? Also, we're concerned that our age might raise questions about our sincerity. Have any youngsters applied successfully? Any other advice or insights? Thanks!

[diadromous mermaid 36]

Hi! I'm really new to this, and I have a few questions. First, here's my story!

I met my boyfriend while studying abroad in the UK. We are absolutely madly in love and have been talking about getting engaged before I leave the UK (in July) and applying for the K-1 visa. I still have 2 years left at university in the States and he is currently employed as a software engineer in London. Although I wasn't quite expecting to be married this young (I'm 21, he's 23) we are positive that we want to spend our lives together and we are more anxious than ever to begin this daunting process.

We think the smartest option is to begin the application process for the K-1 visa, wait for it to be processed, and then he'll come to America and we'll get married within the 90 day time frame.

However, because I'm still a student, am obligated to live in on-campus housing and my university doesn't offer married housing, living together straight away does not seem feasible. Also, there are virtually no jobs for him in the secluded area of my university (he has a degree in computer science). We discussed the possibility of being legally married but living in nearby US cities for a year while I finish my degree and having a nice casual ceremony once I've graduated. This would allow us to see each other on a regular basis and allow him to gain more work experience. I'm not sure if this is even an option, though, as it seems many forms require evidence of a mortgage or lease that demonstrates cohabitation. We certainly aren't plotting to have any kind of green card marriage, we just want to be as close as possible while I finish school without hindering his career. We realize that we could just wait until I graduate to begin this process, but having already done the overseas longdistance relationship for over half a year, we are determined to make our time apart the absolute minimum.

Has anybody had experience applying for the K-1 visa while living apart for a while? Also, we're concerned that our age might raise questions about our sincerity. Have any youngsters applied successfully? Any other advice or insights? Thanks!

Age is a non-issue, other than being the age of majority to be eligible to file a petition. Living apart shouldn't pose a problem if you plan to commingle any assets you have and report your permanent address as the home you will ultimately reside in together. Choose his if you haven't any idea where that might be until the time comes.

Edited April 21, 2008 by diadromous mermaid

[SnowyTater 2]

Age is definately not a problem. Tons of us here are kids straight out of or finishing college, yeh. But you're probably going to need a co-sponsor later for your Affidavit of Support.

I've never heard of anyone living apart for awhile, but the first stages of the petition don't address the issue at all. In other words, you're never asked about it, and I feel like if they didn't want you to do it they would pose the question. I think it will be alright for you to do, and as diadromous says you would need to put down your fiance's (or then husband's) address as your permanent one for any future exchanges with the immigration guys. BUT it does sound a little suspicious. If I were you I really wouldn't take the chance; I'd call your Center and tell them about your situation and ask what's alright. You can't just hope to skirt in under the radar on this. If they were to "catch" you, even if you didn't know it was against the rules, there would be serious consequences.

I don't really understand why you're obligated to stay in on-campus housing...any scholarships I've ever heard of don't require that. Unless you're working as an RA or something.

You should probably know that it takes most new immigrants a good long while to find a job when they arrive. Even with your fiance's degree in computer science, you'll have to wait until you're legally allowed to work, first, and then I read once that the average time it takes an immigrant to find a decent job is 20 weeks. And these aren't unskilled workers; engineers with 20 years experience under their belts have similar difficulties.

The affidavit of support is there to ensure that the fiance will be financially supported when he arrives because of these sort of obstacles. If your plan is for your fiance to come here and try to set up by himself somewhere for the first while, you guys need to make sure you have plenty of money saved to get him through those first few months.

Good luck.

[psiprez 3]

It would be a huge help if his apartment in another city was rented in both of your names.

Do you now have a separate place of your own (other than on-cmpus housing), or is your permanent adddress at your parent's house? I would suggest making his apartment your permanent address as well. To still be living with your parents, while your husband has a perfectly good place of his own, may prompt further inquiry.

It is not uncommon for people to go away to school, even if they are married. I have had quite a few married friends who were separated for the two years it took to complete grad/law/medical school, as well as undergrad studies. And if having on-campus housing IS a requirement of the school, that would be easy to prove as being part of the package and 'not of your own choice'.

BTW, I have definitely heard of schools requiring on-campus housing. It is similar to schools requiring students to sign up for a pre-paid meal plan. They do it to ensure that xxxx number of students will be paying room and/or board for the upcoming fiscal year. Some require it for just the first year, some for all four years. I knew more than one student who lived down the street from the college, yet their parent still had to pay thousands extra for room and board.

[Bananas 0]

Thanks, everyone!

As far as money goes, we're looking into the co-sponsor situation now, but we shouldn't have a problem finding one. As for housing, my permanent residence is with my parents, but I could certainly have it changed to his once he's established a place. Of course, that's at least 9 months down the line. I am obligated to stay in student housing for the very reason that psiprez mentioned; the university mandates that we live on campus and have a hefty, overpriced meal plan for all four years.

I'll consider calling my Center to make sure this doesn't break any rules, but all of these plans are just speculation until we even have a clue where his job would be. And as you mentioned, that alone is a tedious process. Luckily, he has the pound to dollar conversion working on his side and can save up in the meantime!

Thanks again for all of the responses, they've been really helpful!

[pushbrk 14,515]

Thanks, everyone!

As far as money goes, we're looking into the co-sponsor situation now, but we shouldn't have a problem finding one. As for housing, my permanent residence is with my parents, but I could certainly have it changed to his once he's established a place. Of course, that's at least 9 months down the line. I am obligated to stay in student housing for the very reason that psiprez mentioned; the university mandates that we live on campus and have a hefty, overpriced meal plan for all four years.

I'll consider calling my Center to make sure this doesn't break any rules, but all of these plans are just speculation until we even have a clue where his job would be. And as you mentioned, that alone is a tedious process. Luckily, he has the pound to dollar conversion working on his side and can save up in the meantime!

Thanks again for all of the responses, they've been really helpful!

Once you are married and filing his AOS, you can simply show your mutual address as wherever he is living. If you rent a place, rent it in both names. We thought we would move during the AOS process and didn't want to deal with any screw-ups on a change of address, so used my daughter's address as an "In care of" address. You could continue to use your parents address if you want, since it is likely to be some time after the marriage before he has a job in the USA.

You open a joint bank account and if possible utilities and any lease in both names. Showing mail addressed to you both or separately at the same address is important.

[SnowyTater 2]

Also I don't know if this applies (don't know what year you're in in college), but you might want to make sure your parents stop putting you down as a dependent on tax returns for upcoming years. They probably still do if you're a student, but I imagine that too would look kind of bad if immigration were to notice it.