Marriage and living together

[cwulff 0]

Hi there,

My partner (who is the American citizen) and I have submitted our K-1 application for a visa for me to go there so we can be married. One of the things that I can't find clearly anywhere is whether we are then required to live together immediately.

It would be our preference, since we will only have a courtroom wedding at that point, to not cohabitate until the big wedding celebration (for familial reasons). Not living together is not in any way an indication of anything about our relationship, but I'm not sure if the government would agree.

Is there a regulation on this somewhere that I just haven't found yet? Is it okay to not physically live in the same house after marriage?

Many thanks,

CW

[rsn 135]

Hi there,

My partner (who is the American citizen) and I have submitted our K-1 application for a visa for me to go there so we can be married. One of the things that I can't find clearly anywhere is whether we are then required to live together immediately.

It would be our preference, since we will only have a courtroom wedding at that point, to not cohabitate until the big wedding celebration (for familial reasons). Not living together is not in any way an indication of anything about our relationship, but I'm not sure if the government would agree.

Is there a regulation on this somewhere that I just haven't found yet? Is it okay to not physically live in the same house after marriage?

Many thanks,

CW

Sure it's ok. There is definitely no such requirement. As long as they are convinced that the marriage is legitimate, there should be no problems.

[TayRivers 4]

Moved to K-1 Fiance(e) Visa Process & Procedures as not a Citizenship issue.

Tay

[thepizzadude 26]

Hi there,

My partner (who is the American citizen) and I have submitted our K-1 application for a visa for me to go there so we can be married. One of the things that I can't find clearly anywhere is whether we are then required to live together immediately.

Are you talking about the 90 day period or NOT living together after you and your PARTNER are married?

[rsn 135]

Hi there,

My partner (who is the American citizen) and I have submitted our K-1 application for a visa for me to go there so we can be married. One of the things that I can't find clearly anywhere is whether we are then required to live together immediately.

Are you talking about the 90 day period or NOT living together after you and your PARTNER are married?

It would be our preference, since we will only have a courtroom wedding at that point, to not cohabitate until the big wedding celebration (for familial reasons)

Sounds like after they are married.

[jsnearline 2]

Living apart before you are married legally would not be a problem. However if you continue to do so after, it could potentially be an issue for USCIS because you have to show that your marriage was bona fide from the date on your marriage certificate to the time you are interviewed for adjustment of status. Living apart after you are legally married could be misinterpreted as a sign of potential immigration fraud. I suppose it would depend on how long you plan to continue living apart prior to your big wedding.

Have you looked into whether you can pull off a simple wedding within the 90 days? My wife and I received special consideration from my parish because of the 90 day requirement. We got a wedding date within two months after she got here. We would have normally had to wait at least a year. It was a small wedding with no music, but we made up for it by getting married in the oldest Catholic chapel in Washington DC.

Edited September 22, 2009 by jsnearline

[baron555 934]

Hi there,

My partner (who is the American citizen) and I have submitted our K-1 application for a visa for me to go there so we can be married. One of the things that I can't find clearly anywhere is whether we are then required to live together immediately.

It would be our preference, since we will only have a courtroom wedding at that point, to not cohabitate until the big wedding celebration (for familial reasons). Not living together is not in any way an indication of anything about our relationship, but I'm not sure if the government would agree.

Is there a regulation on this somewhere that I just haven't found yet? Is it okay to not physically live in the same house after marriage?

Many thanks,

CW

The "problem" I can see with this is how long you intend to live apart between weddings? If it is a long time, then the problem could be when you go to adjust status; at that interview you have to bring proof of an ongoing marriage. Living apart after legal marriage (the only kind USCIS is interested in) to me does not show of an ongoing marriage. I think the belief by them is that if you are married, the two should be living together.

[cwulff 0]

Thanks very much all. It's mostly a matter of family not being able to get to the States within the 90 days and thus wanting to hold off on the 'real' wedding. I guess we'll just have to deal with the family expectations rather than go the 'not living together' route, as I think you're right that USCIS would find partners not living together a little too unconventional.

Many thanks,

CW

[jsnearline 2]

Have you considered the fact that you have 6 months to use the K1 once it has been issued? That in effect gives you almost nine months to have your wedding once you get the visa. So, if you need more time to plan your wedding so family can attend, perhaps you might consider delaying your arrival in the US by a few months. To me that woudl seem a better solution than living apart after you are legally married.

[Nik+Heather 122]

Have you considered the fact that you have 6 months to use the K1 once it has been issued? That in effect gives you almost nine months to have your wedding once you get the visa. So, if you need more time to plan your wedding so family can attend, perhaps you might consider delaying your arrival in the US by a few months. To me that woudl seem a better solution than living apart after you are legally married.

Seconded.

If that's still not enough, there are many ways to "adjust" your timing. You can't make the process go faster, but you can certainly make it go Looooonger. You can take your time replying with packet 3, and some embassies will even let you reschedule your appointment later.