Not living together a problem?

[ac30 0]

I've been lurking for a bit but just signed up today.

My girlfriend (USC) and I (British Citizen) are going to start a K1 application soon, and I had a question regarding the importance of living together once you are married.

We are going to get the process started soon, but she is still in Grad School right now. If I get the approval and the Visa before she is finished with grad school, and we aren't living together right away, does this cause problems for the AOS side of things? Or do they take into account that she is still away at school and we will be living together as soon as she is done in a few months?

Thanks in advance,

Andy

[Nik+Heather 122]

I've been lurking for a bit but just signed up today.

My girlfriend (USC) and I (British Citizen) are going to start a K1 application soon, and I had a question regarding the importance of living together once you are married.

We are going to get the process started soon, but she is still in Grad School right now. If I get the approval and the Visa before she is finished with grad school, and we aren't living together right away, does this cause problems for the AOS side of things? Or do they take into account that she is still away at school and we will be living together as soon as she is done in a few months?

Thanks in advance,

Andy

You'll be moving to the states with the K1 and staying. Where will you be living if not with her?

[vickydeutsch 0]

Well if you get married that means that you are going to live together...unless she has to go back to school???

[Otto 83]

Once the K-1 is approved/issued - she would have 6 months to enter the US (followed by 90 days to marry once in the US) - if that helps. Otherwise you may want to rethink your timeline.

[Bobby+Umit 161]

I've been lurking for a bit but just signed up today.

My girlfriend (USC) and I (British Citizen) are going to start a K1 application soon, and I had a question regarding the importance of living together once you are married.

We are going to get the process started soon, but she is still in Grad School right now. If I get the approval and the Visa before she is finished with grad school, and we aren't living together right away, does this cause problems for the AOS side of things? Or do they take into account that she is still away at school and we will be living together as soon as she is done in a few months?

Thanks in advance,

Andy

I doubt you would be up to the AOS stage in a few months. When is she expected to graduate?

Like Otto says, you will have 6 months to enter the US on visa issue - so you can use that to time your entry into the US and start your life together.

[ac30 0]

I've been lurking for a bit but just signed up today.

My girlfriend (USC) and I (British Citizen) are going to start a K1 application soon, and I had a question regarding the importance of living together once you are married.

We are going to get the process started soon, but she is still in Grad School right now. If I get the approval and the Visa before she is finished with grad school, and we aren't living together right away, does this cause problems for the AOS side of things? Or do they take into account that she is still away at school and we will be living together as soon as she is done in a few months?

Thanks in advance,

Andy

You'll be moving to the states with the K1 and staying. Where will you be living if not with her?

To cut a long story short, I have been in the US on several E2 visas over the course of the past 8 years. My last one was denied, so I am in Spain right now.

I have been with her for the last 2 years I was in the US, during which time, she went to school in Orlando, about 2 and a half hours drive away from where I was living in Palm Beach, and where my family (parents and one sister) still live.

When I move back to the states, and become legally able to work, I will be living back in Palm Beach and working at my parents company again. Her family also lives in Palm Beach, and she will be moving back down upon graduating.

So are you suggesting it is such a large problem that I should hang fire with sending off the application until it would line up with her being finished with school and moving back to Palm Beach again?

Edited July 2, 2009 by mcallisterra

[Gary and Alla 3,694]

I've been lurking for a bit but just signed up today.

My girlfriend (USC) and I (British Citizen) are going to start a K1 application soon, and I had a question regarding the importance of living together once you are married.

We are going to get the process started soon, but she is still in Grad School right now. If I get the approval and the Visa before she is finished with grad school, and we aren't living together right away, does this cause problems for the AOS side of things? Or do they take into account that she is still away at school and we will be living together as soon as she is done in a few months?

Thanks in advance,

Andy

Yes it can cause problems. For the AOS you must demonstrate you have a legitimate marriage and not one for immigration enefits and the burden is on YOU to prove it. There is no requirement, per se, that you live together, but it makes it an uphill battle.

[ac30 0]

She will be moving back to Palm Beach in August of 2010, but won't be graduating until December 2010. As of August though, we could potentially be living together.

[vickydeutsch 0]

So start your K1 process in March 2010 approx. So by August you will be in US again, living with her and getting married

[ac30 0]

So start your K1 process in March 2010 approx. So by August you will be in US again, living with her and getting married

She has an apartment with a roommate in Orlando. What proof do they require that you are living together?

Could I just use her address in Orlando as my own once I'm there or do they require both names on the lease as proof?

[Nik+Heather 122]

So start your K1 process in March 2010 approx. So by August you will be in US again, living with her and getting married

She has an apartment with a roommate in Orlando. What proof do they require that you are living together?

Could I just use her address in Orlando as my own once I'm there or do they require both names on the lease as proof?

No, you can't pick and choose, you should tell the truth. Telling something which isn't true for the purposes of meeting the requirements so you can be approved would generally be termed as fraud...

[Chica Yeyé 41]

Also --- with a K-1 you have to enter within 6 months; get married within 90 days; and submit your AOS + EAD (employment ) +AP (travel auth). Without EAD you cannot work. So yup, you pretty much have to live together.

[ac30 0]

So start your K1 process in March 2010 approx. So by August you will be in US again, living with her and getting married

She has an apartment with a roommate in Orlando. What proof do they require that you are living together?

Could I just use her address in Orlando as my own once I'm there or do they require both names on the lease as proof?

No, you can't pick and choose, you should tell the truth. Telling something which isn't true for the purposes of meeting the requirements so you can be approved would generally be termed as fraud...

From an earlier post: "There is no requirement, per se, that you live together"

Has anyone else been in the same situation and been approved without living together? If so, what did you use to prove a bona fide marriage?

Edited July 2, 2009 by mcallisterra

[Inky 1,111]

to prove a marriage wouldnt you use the marriage certificate? Its the living that you would have to prove seperate, like shared bank account, bills to the shared address in your name and hers, shared lease agreement , etc. or so i thought anyways.

[Yader&Sarah 0]

I would think that the combination of the two following facts would, indeed as Gary and Alla said, "make it an uphill battle."

1- you already have a job lined up and

2- you aren't living together.

i would be concerned that intentions for immigration using the K-1 would be misunderstood.

Edited July 2, 2009 by Yader&Sarah