Not living together a problem?

[ac30 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.

Actually I may have misunderstood some of the timing of the whole process which may clear things up. Once you file for AOS in the 90 days you have after entering, how long is it usually until the AOS interview where you have to prove you are living together?

[Chica Yeyé 41]

you seem to be quite confused. You have 90 days to get married after entry on a K-1. Adjustment of Status is when you send in your papers after you get married. Takes about what? 5 months to years.

I recommend you

[ac30 0]

you seem to be quite confused. You have 90 days to get married after entry on a K-1. Adjustment of Status is when you send in your papers after you get married. Takes about what? 5 months to years.

I recommend you

I fully understand the need to get married in the 3 months. I left it out as sort of a given. The question I just asked was, how long after you send off your papers for the AOS does it take for the interview. I am assuming your '5 months to years' was in response to that?

[Nik+Heather 121]

you seem to be quite confused. You have 90 days to get married after entry on a K-1. Adjustment of Status is when you send in your papers after you get married. Takes about what? 5 months to years.

I recommend you

I fully understand the need to get married in the 3 months. I left it out as sort of a given. The question I just asked was, how long after you send off your papers for the AOS does it take for the interview. I am assuming your '5 months to years' was in response to that?

You'll put addresses on the papers you send in for AOS, which is also recommended to be completed within the 90 days (seems like you know this timing, which is good), though in practice out of status time is generally forgiven unless you get on the wrong side of the law.

Petitioner's address goes on the I864, beneficiary's goes on the G325A.

This is NOT from an official USCIS site, rather from an immigration lawyer site, so take this with a grain of salt:

http://www.hg.org/articles/article_1409.html

It basically states that couples have successfully adjusted status without cohabitating, but that it increases the burden of proof of a bonafide marriage. Couples not cohabitating makes the list along with same sex couples, transexuals, and mail order brides, so I think it's safe to say that trying to adjust without cohabitating is a pretty uncommon situation.

I guess you have a couple of "options" and consequences to consider:

1. Postpone the K1 so that you arrive at a time when you can live together.

2. Pursue the K1 and come over and try to AOS without cohabitation while running the risk of the huge headache of possibly needing to appeal a decision against you.

3. Pursue the K1 and come over and live together in somewhat uncomfortable conditions (w/roomates in apartment) for a few months. I should also note that changing address during AOS processing has lead to a LOT of issues with VJ members.

Have you considered marrying and then going for an immigrant spousal visa (CR-1)? Then you won't have to prove bonafide (cohabiting) spouses until lifting conditions (~2yrs ish), and you come straight in with a green card.

Edited July 2, 2009 by Nik+Heather

[karimcharleen 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?

couldn't your family do a k-3 visa for you to come here and then you two could be together???

[vip1 8]

you seem to be quite confused. You have 90 days to get married after entry on a K-1. Adjustment of Status is when you send in your papers after you get married. Takes about what? 5 months to years.

I recommend you

I fully understand the need to get married in the 3 months. I left it out as sort of a given. The question I just asked was, how long after you send off your papers for the AOS does it take for the interview. I am assuming your '5 months to years' was in response to that?

Mine took less than 4 months but it depends how well the package is prepared, whether or not you get an RFE and luck.

[Chica Yeyé 41]

you seem to be quite confused. You have 90 days to get married after entry on a K-1. Adjustment of Status is when you send in your papers after you get married. Takes about what? 5 months to years.

I recommend you

I fully understand the need to get married in the 3 months. I left it out as sort of a given. The question I just asked was, how long after you send off your papers for the AOS does it take for the interview. I am assuming your '5 months to years' was in response to that?

Mine took less than 4 months but it depends how well the package is prepared, whether or not you get an RFE and luck.

And other VJ members have waited for over 1 year, for instance, Empress of Grrovy's husband who is a UK citizen had to wait that long.

yup, my response was in relation to that. check the timelines.

[ac30 0]

Thanks for all the responses guys.

I didn't know the addresses had to be on the packet sent away while applying for AOS within the 90 days, so thank you for that Nik+Heather.

karimcharleen: The rest of my family are on E2 visas, so they couldn't bring me in on a K2 I don't believe.

Yea I think the best course of action for me would be to delay sending off the initial application for a bit. That way I have the 6 months in which to activate the visa to line it up with her leaving school. Bit of a shame, I was hoping I could get back a bit sooner...

Anyway thanks for the help guys.

[Nik+Heather 121]

Thanks for all the responses guys.

I didn't know the addresses had to be on the packet sent away while applying for AOS within the 90 days, so thank you for that Nik+Heather.

karimcharleen: The rest of my family are on E2 visas, so they couldn't bring me in on a K2 I don't believe.

Yea I think the best course of action for me would be to delay sending off the initial application for a bit. That way I have the 6 months in which to activate the visa to line it up with her leaving school. Bit of a shame, I was hoping I could get back a bit sooner...

Anyway thanks for the help guys.

Seriously, look into the CR-1 visa. It may very likely get you over here within a year (NOA1 to interview history is currently at 259 days). It's cheaper too!!!

Sorry we couldn't help you make your other plan work. Nik and I are postponing his arrival here for more "practical" reasons too...but doesn't make it any less pleasant to be separated.

[Gary and Alla 3,694]

you seem to be quite confused. You have 90 days to get married after entry on a K-1. Adjustment of Status is when you send in your papers after you get married. Takes about what? 5 months to years.

I recommend you

I fully understand the need to get married in the 3 months. I left it out as sort of a given. The question I just asked was, how long after you send off your papers for the AOS does it take for the interview. I am assuming your '5 months to years' was in response to that?

Normally, but not always...2-6 months.

[Gary and Alla 3,694]

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?

Lease together, drivers licenses with same address, utility bills togther or even separate with same address, joint bank account with same address, etc.

The only thing "required" is a marriage lisence, the rest is just further evidence, you can use any or all of the above or anything else you can think of, I even brought Christmas cards addressed to both of us from family (didn't need it, but what the heck anyway?)

[ac30 0]

you seem to be quite confused. You have 90 days to get married after entry on a K-1. Adjustment of Status is when you send in your papers after you get married. Takes about what? 5 months to years.

I recommend you

I fully understand the need to get married in the 3 months. I left it out as sort of a given. The question I just asked was, how long after you send off your papers for the AOS does it take for the interview. I am assuming your '5 months to years' was in response to that?

Normally, but not always...2-6 months.

Ok. It doesn't really change much though because we'd need the same address before we even send off for the AOS, so it looks like I'll have to hang fire for a bit.

Thanks though.

[diadromous mermaid 36]

Nonsense. Why hold up one's life just because of a small technicality? There are very legitimate reasons for couples to have separate residences. The OP mentions just one of such instances. Going into AOS eyes wide open, he and his spouse have every opportunity to make certain they can document their shared lives, and justify the reason they are not lvinig together during the school year. If his spouse retains his address as her permanent address, on all applications, then I just don't see a problem.

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.

[YuAndDan 153]

NO, however, this IS a requirement later when removing conditions from a conditional green-card.

[diadromous mermaid 36]

Once again not true. There are extenuating circumstances that would preclude any legitimate couple from sharing a residence for some or even most of the time. This being one.

NO, however, this IS a requirement later when removing conditions from a conditional green-card.