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Pete and Katelyn

Place of Residence once in the US

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Filed: K-1 Visa Country: Canada
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Ok so my fiance lives in small town Pennsylvania, I'm an IT technician by trade and so we're thinking through some options as to what I can do once I can start applying for jobs after the 3 month waiting period for my temp job permit.

I'm wondering what the rules are in regards to where I have to live? My fiance will have a semester of college left before she is free to follow me to where we want to create our life. Do I have to always be living with her or am I free to live elsewhere, possibly even in a different state while she finishes her education at which point she would come join me? I don't want to be living in her small town trying to get by on work nearby (she lives in an industrial steel town so tech work would be hard to come by) only for us to then pick up and move again once she finishes college. I'd rather begin making a career in the US in an area where I have better opportunities and for her to join me once she is finished at college.

Hope this all makes sense!

Any advice would be appreciated! :)

04/13/2009 - I-129F petition sent to VCS

04/22/2009 - NOA1 hard copy received

08/21/2009 - Touched

08/21/2009 - NOA2

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Filed: IR-1/CR-1 Visa Country: Vietnam
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It may make your Adjustment of Status a bit more involved. (Not questioning your thoughts re: work). As you will be adjusting status based on being married. Living apart while claiming to be a newly wed couple may get you some additional questioning at the AOS interview.

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Filed: Citizen (apr) Country: Canada
Timeline

You certainly have a justifiable reason to move and begin a career in order to take care of your family. Just remember to change your address once you move!

Good luck.

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Filed: K-1 Visa Country: Canada
Timeline
You certainly have a justifiable reason to move and begin a career in order to take care of your family. Just remember to change your address once you move!

Good luck.

Would it help my cause if she lived with me before and after her final semester of college. If she had her drivers license and other ID changed to match the new address and we signed a joint lease then surely that would greatly help? I'd simply explain that she is at college for her final semester as it is too much of an issue for her to transfer to another college for one semester.

04/13/2009 - I-129F petition sent to VCS

04/22/2009 - NOA1 hard copy received

08/21/2009 - Touched

08/21/2009 - NOA2

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You certainly have a justifiable reason to move and begin a career in order to take care of your family. Just remember to change your address once you move!

Good luck.

Would it help my cause if she lived with me before and after her final semester of college. If she had her drivers license and other ID changed to match the new address and we signed a joint lease then surely that would greatly help? I'd simply explain that she is at college for her final semester as it is too much of an issue for her to transfer to another college for one semester.

The Adjustment of Status part of your visa journey is to prove to the government that you married, and have a bona fide relationship. They help determine that by you co-mingling your assets and living together as a married couple. I can understand where you're coming from as far as work goes, however I truly think that time apart is going to mean that IF you get an interview, there are going to be lots of questions. Like...did he/she come to the U.S. just to get a GC and work or to marry and start a life here together.

I suppose that any time she lives with you during the process is the best answer. Having a joint lease and the DL matching is going to be key.

Just FWIW, many people do not get an interview, in which case the GC approval if the paperwork is correct and looks good can be given.

You also might want to think about just not working and remaining together until you can both move together.

I haven't see you post before Pete & Katelyn, please join us in the Canada Forum here on VJ, and welcome to these forums!

http://www.visajourney.com/forums/index.php?showforum=93

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Filed: K-1 Visa Country: Vietnam
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I agree with the others. The question that may come up is if you weren't ready to live together as a married couple, then what was the hurry to file for the K1? Why didn't you wait until you were both ready to be married and live together? The person reviewing your AOS application is going wonder if you weren't just coming to the US for a job rather than a marriage.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: Citizen (apr) Country: Ukraine
Timeline
Ok so my fiance lives in small town Pennsylvania, I'm an IT technician by trade and so we're thinking through some options as to what I can do once I can start applying for jobs after the 3 month waiting period for my temp job permit.

I'm wondering what the rules are in regards to where I have to live? My fiance will have a semester of college left before she is free to follow me to where we want to create our life. Do I have to always be living with her or am I free to live elsewhere, possibly even in a different state while she finishes her education at which point she would come join me? I don't want to be living in her small town trying to get by on work nearby (she lives in an industrial steel town so tech work would be hard to come by) only for us to then pick up and move again once she finishes college. I'd rather begin making a career in the US in an area where I have better opportunities and for her to join me once she is finished at college.

Hope this all makes sense!

Any advice would be appreciated! :)

First...there is no "3 month waiting period" You CANNOT work until you have an EAD or Green Card. You will receive that 3-6 months (normally) after FILING, which is AFTER marriage. It will be what it will be. Planning to move or work anywhere before your EAD or Green Card is in hand is a fool's errand.

That said. There is no "requirement" that you live with your wife at any time of your life. HOWEVER, the burden of proof is on YOU to prove you have a bona fide marriage that is NOT for immigration benefits. Most people coem to the AOS in interview with lots of evidence that they DO live together. Make up your own mind on this. Everything you do will have a bearing on your case, how you live, how you handle your personal business...everything. Your decisions will make your case more difficult or less difficult...it is entirely up to you.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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Filed: K-1 Visa Country: Canada
Timeline
Ok so my fiance lives in small town Pennsylvania, I'm an IT technician by trade and so we're thinking through some options as to what I can do once I can start applying for jobs after the 3 month waiting period for my temp job permit.

I'm wondering what the rules are in regards to where I have to live? My fiance will have a semester of college left before she is free to follow me to where we want to create our life. Do I have to always be living with her or am I free to live elsewhere, possibly even in a different state while she finishes her education at which point she would come join me? I don't want to be living in her small town trying to get by on work nearby (she lives in an industrial steel town so tech work would be hard to come by) only for us to then pick up and move again once she finishes college. I'd rather begin making a career in the US in an area where I have better opportunities and for her to join me once she is finished at college.

Hope this all makes sense!

Any advice would be appreciated! :)

First...there is no "3 month waiting period" You CANNOT work until you have an EAD or Green Card. You will receive that 3-6 months (normally) after FILING, which is AFTER marriage. It will be what it will be. Planning to move or work anywhere before your EAD or Green Card is in hand is a fool's errand.

That said. There is no "requirement" that you live with your wife at any time of your life. HOWEVER, the burden of proof is on YOU to prove you have a bona fide marriage that is NOT for immigration benefits. Most people coem to the AOS in interview with lots of evidence that they DO live together. Make up your own mind on this. Everything you do will have a bearing on your case, how you live, how you handle your personal business...everything. Your decisions will make your case more difficult or less difficult...it is entirely up to you.

Thanks for the replies everyone!

Just to clarify a few things about our situation, we are getting married legally when I enter the country on the K1 visa but waiting a year or so until having the big wedding day. We decided not to attempt to plan a wedding until we had a visa in hand and so this seemed the best way for us. The original plan was for me to live in PA with her until after our wedding day when we would both move somewhere together to start fresh but upon looking at the job market in PA recently, especially in the area she lives in, I can see that the economy has had a large effect on the jobs on offer there. Ultimately this could change for the better by the time I get down there but it raised the question for us as to if I should go to PA or if it would be best for us in the long term for me to go to a place where there is more opportunity in my job sector.

I used the phrase "3 month waiting period" in that is the average waiting time for the EAD. I don't plan to work before that but am actually looking forward to three months of no work! I didn't realize the EAD could take up to 6 months to go through...that is a scary thought!

At the moment we are torn between the idea of us moving to Colorado early next year and her going back to college in PA for 3 months to finish her masters in September or if I just stay in PA with her until her Masters is completely done. I feel like for us to live together in Colorado for a while before she goes back to complete her masters for 3 months would be justifiable in an interview. She's looked into transferring but its going to be too much of an issue for only 3 months left of school. So in essense she would live in Colorado but be "away from home for 3 months".

We thought about me moving out to Colorado by myself but I think that would be too much of a risk in terms of the visa. I'd rather stay in PA and play it safe that move out somewhere by myself and risk probing questions in an interview.

04/13/2009 - I-129F petition sent to VCS

04/22/2009 - NOA1 hard copy received

08/21/2009 - Touched

08/21/2009 - NOA2

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Filed: Citizen (apr) Country: Canada
Timeline

Another Canadian VJer coming to Colorado? That's exciting! Come on over! :D

I have absolutely no advice aside on this case, but I wish you luck! Anything is possible, as long as you are willing to put the effort froward. Having her declare her permanent residence with you in CO seems like a good alternative to me.

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