K1 and immigration officers

[reazon 2]

Hi all,

I have an rather strange question and a situation, what to do in this case?

So my fiancé and I want to do the k1, get married and live together, at some point (i mean living together), but we can't stay at her house at this moment, she has a kid and can't really move anywhere (crazy ex), I would get a apartment and she would visit, stay with me sometimes (couple times a week) and I would go to her hose sometimes, but would not live there (every day).

Is this a problem for some home immigration officer visit what to do in this case, we really love echoer but the situation is how it is, we can go with it or give everything up with we are not going to do.

What to do with the address.

Should we maybe consider some other visa option, get married abroad, CR1?

Please help.

Thank You Everyone!

[Pitaya 2,576]

Are you asking about after the alien fiancee(e) comes to the US, and gets married to the USC petitioner?

[reazon 2]

Yes, I am the alien, we were about to mail our k1 file tomorrow but she (and now me too) has concerns about this.

My fiancé has this rather strange situation.

[Pitaya 2,576]

That would be a concern that would be associated with your Adjustment of Status (AOS) phase of your immigration journey and is best asked in the AOS forum, not a concern involving the the K1 visa process.

~Moved from K1 Process to Fam.-based AOS Forum~

~Inquiry involves that phase of process, past K1~

[reazon 2]

Is it possible to somehow "clear the air" with immigration officer people, explain the situation, out marriage is not in a fraud, add/change a second address or something?

Are these visits frequent and how to prove to nice people who check up that we are no fraud?

All info much appreciated.

[belinda63 2,981]

It would be a big red flag if you don't live together. I don't understand why you couldn't live with your wife. If she is concerned about the father filing for custody you being there shouldn't make a difference unless you are doing something illegal or have some criminal background involving children.

[reazon 2]

I love my fiancé but the life circumstances what we have are what they are, we are looking for options

Let me explain, so the father is paying a lot of money for the child (more than he should) and if "some other guy" comes and marries his ex he would take the case to court, and take most of the more he is giving now, plus a child, might not happen but its a risk we are thinking about

We are not doing anything illegal and have 0 criminal background.

So about the question, is there anything we can do?

Edited November 13, 2015 by Stjepan

[Ash.1101 1,755]

First, I would get the situation as to why you can't live in the same house as the person you're marrying fixed. If marriage doesn't make the crazy ex go away, nothing will.


You may not even be able to get an apartment immediately. Is your fiance going to sign the lease and provide identification? You're going to go a couple of weeks without a social security number, have no credit, and no US id. You're also not a USC or an LPR yet. Is she going to pay for the apartment? Do you have enough in savings to pay for it yourself? You can't work until you start your AOS process, and you may not even be able to get past the part where it wants you to have joint assets and accounts.


Also, one thing that might flag you is that you say where you're going to be living while in the US on the petition and then again later on in the process, while they won't know any better, by you knowing you won't live there, you are lying.


But yes, it will look weird later on for adjustment of status once you're married, and be a big red flag. You're going to have two seperate leases, one in your name only, one in hers, bills in your name only, bills in hers. You won't look legit at all. If you make it into the country, you could jeopardize your ability to stay in the country.






EDIT: Is this an ex boyfriend or ex husband?

Here's the thing, if he's that crazy it won't matter when your fiance marrys you, that will ALWAYS be an option, but she can't live her life afraid that if she gets married he'll take her kid. That's a controlling tactic and so is shoving more money than she needs at her. Do they not have a child support order to where it dictates the payment per month?

Secondly he simply can't take the child, do they have any custody agreement at all? If they do and your fiance is the primary caretaker, EVEN IN A JOINT SITUATION, the ex would have to prove that the child is living in a bad situation to be awarded custody. You can't just take the kid because you're mad. As long as the child is fine and you and your fiance are doing everything legally, then you're fine and if he does take her to court, then that's just what happens and he'd probably do it no matter what.


As for what I would say you should do? I'd say don't do this until you both feel comfortable with this. And that you should not come to the US to marry your fiance only to have to live in another apartment. Again, you may be able to get into the country, but when AOS hits shortly after marriage, you're setting yourself up for failure. It's great you can come in an marry her, but if you're jeopardizing your ability to stay... that's no good.

Does he know about you? Only asking because he may not want to give her more money when she has a guy on the side that can provide for her as well.


Chances are though, if she randomly tells him HEY BY THE WAY, I'M GETTING MARRIED TO A GUY FROM ANOTHER COUNTRY, yeah he may feel like she is making poor choices and putting the child in a bad situation, to him, it would be sprung on him that the mother of his child is nearly randomly decided to marry a man she's never lived with and only been with a handful of times. For a character judgement, it is a bad one, and I could see where he's coming from. At the same time, it's possible that he's giving her more money than needed to keep her around, which you would put a damper on that by showing up.

Personally, I'd hope that he knows about you and that you're planning on coming in and marrying the mother of his child. Things get really weird when kids are involved. I think that for a healthy relationship on all fronts, everyone needs to be upfront with each other as much as possible. Hiding you in an apartment because ya'll are afraid the ex will find you... that's just a really bad start to a relationship. The ex isn't going away, neither are you.

For the kids sake, you all need to have a healthy relationship.

Edited November 13, 2015 by Ash.1101

[reazon 2]

The prob is it is crazy exes house, so theres that.

She was not married to him, ex boyfriend

we didn't start the petition yet this is way I'm asking what to do with the address, what if we get married abroad ?

Changes anything?

he is not aware of my existence, but thats not the point, I am worried about these ppl showing up and I am not sleeping at that moment, but we do have a valid relationship?

Edited November 13, 2015 by Stjepan

[belinda63 2,981]

The problem is you have to prove you have a valid relationship. How can you do that when you are living near each other but not with each other? Looks like it is a marriage for immigration purposes.

[Ash.1101 1,755]

she was not married to him, ex boyfriend

we didn't start the petition yet this is way I'm asking what to do with the address, what if we get married abroad ?

Changes anything?

For the addresses, I mean, you don't know the address of your future apartment, so you're going to have to put her address down. If you do get a visa and into the US to marry her, you'll need to notify them of your address change, but the real problem again would be at the AOSing when you're in two different locations in the same city.

Honestly, yeah getting married abroad and then her coming back to the states and you staying in your home country and filing for a spousal visa may be the best, BUT YOU'D HAVE TO MAKE SURE THAT YOU COULD LIVE WITH HER by the time you moved to the US.

One of the requirements for the spousal visa is that you have a place to live, which if they saw she lived at A and you're going to live at B. Yeah that'll be some red flags, so you will need to make sure 100% that you can live with her.

Does your fiance make enough to support you? She can't claim the money she's getting for child support as income, ESPECIALLY if it's not documented child support. If he's giving her more than needed, it would make me assume that she's hurting for money. She would have to prove that she makes enough to support two other people and herself, so she would have to at least make 25,112$ a year.

he is not aware of my existence, but thats not the point, I am worried about these ppl showing up and I am not sleeping at that moment, but we do have a valid relationship?

But that actually is the point. The only reason you would feel like you're hiding and immigration may think you only got married to stay is because your fiance is living at her ex's house still and you can't live with them. The fact that she's still living with him and plans on marrying you, and he doesn't even know about you screams volumes about the future of this relationship and how USCIS will see it as well.

On paper, no, you don't have a valid relationship and it would be very hard to prove so. They are all about paperwork, not an explanation of your feelings or understanding situations. They'll want joint bank accounts, names on the SAME lease, names on the SAME utility bills, names on the SAME credit lines. They want you living under the same roof.

Is your fiances Ex's name on the lease with hers? If she had to show the lease would it show her, the child, and the ex as occupants? Because that would also be a HUGE red flag, if you're living somewhere else, with your name and her name on a lease, and then... her name, her ex, and the child on another lease.

Edited November 13, 2015 by Ash.1101

[reazon 2]

How often are these checks, if I stay at her house couple times a week

Thanks for your answers

What about she rents one more apartment for some reason and has 2 legal addresses

Edited November 13, 2015 by Stjepan

[Ash.1101 1,755]

How often are these checks, if I stay at her house couple times a week

Thanks for your anwser

I'm not sure. Generally this isn't usually worry a for any of us on VJ, from the ones who have had it to them though. There is no ryhme or reason to when they do it. It's random, it can be on any day of the week, and at any time.

Home visits are absolutely possible if your case has red flags, and yours does.

Check out this thread: http://www.visajourney.com/forums/topic/419761-immigration-officer-visit-our-home/

[Ash.1101 1,755]

How often are these checks, if I stay at her house couple times a week

Thanks for your answers

What about she rents one more apartment for some reason and has 2 legal addresses

You may want to hear this, but every time you ask a question on how to GET AROUND looking like a fraud, you look more like one.

Just because you have multiple places, doesn't mean that you live at it. Your second home, isn't your primary home and you wouldn't list it as the place you live because you do not live there.

Also, again, your name has to be on joint accounts, if she rents a second place for you to live, and then claims she's living in that second place, SHE'S COMMITING FRAUD. Because she rents the place, she does not live there. She would be paying someone money to let you live there, while she lived with her ex.

I do not recommend moving to america until she does NOT live with her ex. Personally, with everything you post, you do look like you're trying to come into the country and use marriage as your way in.

When you can do this process without having to try to find workarounds so you aren't seen as a fraud, that's when you're ready for the process, but if you have to go to extremes like... rent a second place so you can trick paperwork.. yeah. You don't need to be doing this.

With that said, I'll be watching this post but not posting as I don't think any advice I could give would be used the right way. I don't condone work arounds or trying to create proof (like renting two places) for the purpose of pulling the wool over immigration eyes. Do it the right and legal way. If you're worried about this before you even send the K1 petition, you are not ready to do this process.

Edited November 13, 2015 by Ash.1101

[reazon 2]

we are not trying to get around I'm trying to work with what we have, we do have a vilid relationship

I get the point, thank you for your answers

she does not live with her ex