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MadHatter

Considering DCF after marriage in Japan - will living apart complicate matters?

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My (British) fiance and I want to move to the US sometime July/August 2011.

We're considering getting married next month in Tokyo, after which we'd DCF for I-130 (not sure if I'm using the right terms, I hope you know what I mean). From what I know we meet all the requirements to do DCF (are both legal residents in this country over a year, etc.).

My worry is, we would likely continue to live apart for the rest of our time in Japan (about 1 year) and I know investigation is done into one's relationship.

We could of course prove our relationship (it's real, lol), and our marriage would be unquestionably legal, but I'm wondering if we continue to live apart if that will complicate matters. Would they find that suspicious?

The reason we would do so is because we both work in different cities (about 2 hours apart). I work as a missionary and have committed to staying here for another year. He doesn't have a specific time commitment, but wouldn't want to leave his job on short notice and to try to look for another job in my city for such a short term would seem ridiculous and isn't something we want to do. We would see each other every weekend and could if necessary provide evidence of that.

I'm trying to make sure we consider everything before we go and do this.

Can anyone tell me how invasive and prone to suspicion the relationship investigation is? Is there something we've not considered?

I appreciate any help, thanks so much!

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Hi,

Yes, living apart could be a red flag - I mean you thought of it - i'm sure they will too :)

However, as you mention, you will see each other on weekends and you do have a legitimate reason to not be living together, so that should work in your favour. I would definately keep all evidence of these visits - travel documents, receipts, photos, whatever you can gather.

Reasons for Assigning Fraud Level A. Fraud level A should be assigned when the adjudicator strongly suspects fraud. Reasons fraud level A might be assigned include:

From the Adjudicator's Field Manual - Immigration Marriage Fraud Amendments of 1986:

- the petitioner fails to sign the form;

- there is insufficient evidence;

- a large age difference exists between the spouses;

- the married couple is not living together;

- a prior I-751 was denied;

- the petition was filed untimely without a good reason for being late; or

- any other reasons as the service center director may determine.

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Ah, I see. Hmmm. Will have to keep that in mind while deciding what to do.

We can definitely prove our relationship. I'd better make sure to start keeping things we can use as proof though.

Thank you very much for your answer trailmix!

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Filed: Citizen (pnd) Country: Iran
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I'm in a similar situation. I teach an hour away from where my husband lives, but he recently changed apartments and added my name to the lease. So when I spoke to the person about my I-130 petition I explained to them that I teach in another city during the week and because it's too far to travel everyday I stay there during the week and explained to him that we do have a lease with both of our names on it. He understood and our petition was accepted. So you can explain to them that your work keeps you away during the week (I'm pretty sure it's not that uncommon in the US) and maybe show phone records or something like that to show that you communicate during the week.


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