Question about AOS and living together from K-1

[Gwapo1ako 14]

I had a question about adjustment of status in a K-1 situation.

I know with a K-1 the intent is to get married and live together.

If the two people get married under a K-1 visa but due to each other's job (when incoming fiance finds a job in the US), each person has/finds a job very far from each other, but the husband and wife have to live very far apart for about 6 months to a year.

Does this have an effect on the adjustment of status process, like if both are interviewed later on?

[Harpa Timsah 13,258]

Not living together is a red flag, but you get a chance to tell your story. If the story makes sense then it is not a problem.

[Pitaya 2,577]

~Duplicate thread removed~

[Anonymous885 44]

I am kinda in the same situation with you. I have to go to France for working every summer and my wife does not have her driver license yet or get used to live in US by herself. I am about to go to France this May again so my wife will stay at my aunt's house for the summer. I have no idea how that will affect her AOS.

[Gwapo1ako 14]

I am kinda in the same situation with you. I have to go to France for working every summer and my wife does not have her driver license yet or get used to live in US by herself. I am about to go to France this May again so my wife will stay at my aunt's house for the summer. I have no idea how that will affect her AOS.

Summer is a couple months thou, not a year

[Dave&Roza 748]

I had a question about adjustment of status in a K-1 situation.

I know with a K-1 the intent is to get married and live together.

If the two people get married under a K-1 visa but due to each other's job (when incoming fiance finds a job in the US), each person has/finds a job very far from each other, but the husband and wife have to live very far apart for about 6 months to a year.

Does this have an effect on the adjustment of status process, like if both are interviewed later on?

I see this as not a problem as long as you have a good reason and can explain yourself should you have an interview. For AOS the main proof is that you are married. You will have more to prove during your removal of conditions (ROC), but anybody committing visa fraud would avoid this situation IMHO. Just document from the date of the marriage until you file your ROC.

Good luck,

Dave

[Gwapo1ako 14]

I see this as not a problem as long as you have a good reason and can explain yourself should you have an interview. For AOS the main proof is that you are married. You will have more to prove during your removal of conditions (ROC), but anybody committing visa fraud would avoid this situation IMHO. Just document from the date of the marriage until you file your ROC.

Good luck,

Dave

Ah ok. I guess Removal of Conditions is more of what I was referring to. I was not exactly sure which one was which. Will not living together because of work affect that?

[Harpa Timsah 13,258]

Ah ok. I guess Removal of Conditions is more of what I was referring to. I was not exactly sure which one was which. Will not living together because of work affect that?

Yes. It is odd that you expect already to move away from your spouse. The whole point of these visas is to come live with your spouse, not come to the US for work.

In rare cases a couple has to make sacrifices and live apart for the short term, but you are expecting it to go on years.

You will get a chance to tell your story, and if it makes sense, then it is okay. If your story doesn't make sense, or if it seems you are circumventing immigration law, then you will not be approved for AOS or ROC or naturalization.

Edited March 20, 2014 by Harpa Timsah

[Gwapo1ako 14]

Yes. It is odd that you expect already to move away from your spouse. The whole point of these visas is to come live with your spouse, not come to the US for work.

In rare cases a couple has to make sacrifices and live apart for the short term, but you are expecting it to go on years.

You will get a chance to tell your story, and if it makes sense, then it is okay. If your story doesn't make sense, or if it seems you are circumventing immigration law, then you will not be approved for AOS or ROC or naturalization.

I don't want to live away but my fiance wants to try to get US experience in her field of work and her current job (in her country) has its main headquarters in US very far from where I am living and working.

I hope to avoid this situation entirely

[ArianneChris 6]

You will have a chance to tell your story like others have said. But, unless you are in severe financial hardship, I believe that it will be a red flag for your RoC. You have the choice of moving to where she finds a job and finding a job there.

Edited March 21, 2014 by ArianneChris