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Posted

My husband and i got married last December 2024. He is a US citizen who’s currently working overseas (Oceania), he has been working overseas since 2019 from different countries while i am a Filipino citizen who’s currently working in Middle East. We got married online, met twice after the marriage. He owns a house in US where his ex partner and kids are currently living in. We are planning to move in the US together and stay at his sister’s house temporarily to establish smooth transition and build a relationship with his kids. What can you advise us to help us have a better case of approval process for our US spouse visa application 

Posted

Yeah that address where his ex wife still resides - that's a problem. She better find a different residence before you move there. He should figure this out well ahead of your interview time. 

ROC 2009
Naturalization 2010

Filed: IR-1/CR-1 Visa Country: Chile
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Posted
On 11/11/2025 at 4:59 AM, milimelo said:

Yeah that address where his ex wife still resides - that's a problem. She better find a different residence before you move there. He should figure this out well ahead of your interview time. 


The government wouldn’t have a way of knowing that. USCIS doesn’t physically go to former residences to see who is residing there and there’s no question on the forms asking about who resides in the various properties. Only way USCIS or the consulate would know is if it was proactively disclosed, which it isn’t required to be and shouldn’t be.

 

I agree it would raise questions if the government became aware of it, but there’s really no reason they should. Even in the interview it’d be easy to discuss “we plan on living with his sister until we’re more established.” if the residence question comes up.

Posted (edited)
9 hours ago, S2N said:


The government wouldn’t have a way of knowing that. USCIS doesn’t physically go to former residences to see who is residing there and there’s no question on the forms asking about who resides in the various properties.

Oh you would be surprised. If DOS / USCIS smell fraud, they send agents on the ground to investigate address and see who lives there. 

 

The question of who lives there can also easily come up during consular interview or later in process.

 

I agree with @milimelo, this can create a lot of problems even later in process.

Edited by OldUser
Filed: IR-1/CR-1 Visa Country: Chile
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Posted (edited)
3 minutes ago, OldUser said:

Oh you would be surprised. If USCIS smells fraud, they send agents on the ground to investigate address and see who lives there. 


I’m aware they have people they can send. That’s not ordinary course of business. Should have stated that asterisk.
 

People overestimate what the government knows and also overshare beyond what’s legally required. That’s not just an immigration thing, but it applies in this case as well. Unless OP gives the government a reason to investigate it, they won’t, and it’s not misrepresentation not to proactively disclose it.

Edited by S2N
Posted
On 11/11/2025 at 4:30 AM, KandV1226 said:

We got married online, met twice after the marriage

 

Maybe it's the way it's written but this makes it sounds like you married without meeting. I'm sure that's not the case, but how much time did you spend together before you got married and how long before that did you meet?

Filed: IR-1/CR-1 Visa Country: Chile
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Posted
24 minutes ago, OldUser said:

The question of who lives there can also easily come up during consular interview or later in process.

 

I agree with @milimelo, this can create a lot of problems even later in process.


It’s a fairly normal situation for divorced fathers to pay for the housing of their children. I agree the ex living there is a bit odd, but given the context of the relationship (he owns a house and lives overseas; no reason to pay multiple housing payments in the U.S.) I don’t think it’s that out of the ordinary and is something I’ve seen within the US when one parent moves states and the kids and ex don’t.
 

It would be a huge red flag if he was living with the ex, but she has custody and he’s supporting the children. It might even be within the terms of the custody agreement.
 

These are all things we don’t know, and more to point, the government doesn’t know or have any real way of finding out without disclosure. Yes they can send agents, but in a consular case with both parties living overseas that’s extraordinarily unlikely; even more so than the already low odds of it for AOS. Discussing the unlikely worst case isn’t that helpful.

 

There’s no proactive disclosure requirement on this, and it’s bad advice to tell someone to change their entire financial relationship for the upkeep and care of their children because a theoretical issue with the government in the future. They should be prepared to address the issue if it comes up with a good explanation (custody agreement, etc.) and it might make sense overall to change their entire financial arrangement with the ex-spouse, but I wouldn’t let immigration be the driving factor.

Posted
On 11/11/2025 at 12:59 PM, milimelo said:

Yeah that address where his ex wife still resides - that's a problem. She better find a different residence before you move there. He should figure this out well ahead of your interview time. 

I thought so too. I’m trying to be considerate as much as possible regarding the ex’s financial situation and at the same time I don’t want to move to US and face unnecessary issues. 

Posted (edited)
8 minutes ago, S2N said:


It’s a fairly normal situation for divorced fathers to pay for the housing of their children. I agree the ex living there is a bit odd, but given the context of the relationship (he owns a house and lives overseas; no reason to pay multiple housing payments in the U.S.) I don’t think it’s that out of the ordinary and is something I’ve seen within the US when one parent moves states and the kids and ex don’t.
 

It would be a huge red flag if he was living with the ex, but she has custody and he’s supporting the children. It might even be within the terms of the custody agreement.
 

These are all things we don’t know, and more to point, the government doesn’t know or have any real way of finding out without disclosure. Yes they can send agents, but in a consular case with both parties living overseas that’s extraordinarily unlikely; even more so than the already low odds of it for AOS. Discussing the unlikely worst case isn’t that helpful.

 

There’s no proactive disclosure requirement on this, and it’s bad advice to tell someone to change their entire financial relationship for the upkeep and care of their children because a theoretical issue with the government in the future. They should be prepared to address the issue if it comes up with a good explanation (custody agreement, etc.) and it might make sense overall to change their entire financial arrangement with the ex-spouse, but I wouldn’t let immigration be the driving factor.

But we don't know what ex status is or her kids and whether they have any upcoming interviews where they can be asked about living situation.

 

We don't know what all paper trace ex and her kids are leaving by residing at OP's husband house. And if he tries using this address at any point in process, it can be flagged. With great level of certainty fraud department at USCIS incorporates AI to some degree, allowing searching and analyzing thousands of cases and any matching data - addresses, names, birth etc etc.

 

At the end of the day, USCIS has ability to see sealed / expunged charges, involve FBI in background checks and many more. I wouldn't underestimate their capability to gather information.

 

Any person's phone (OP, husband) can be searched by CBP too - checking any messages when entering the US.

 

I wouldn't leave any chance for this to screw up OP's immigration.

Edited by OldUser
Posted
33 minutes ago, appleblossom said:

 

Maybe it's the way it's written but this makes it sounds like you married without meeting. I'm sure that's not the case, but how much time did you spend together before you got married and how long before that did you meet?

He used to work here in Middle east. We were dating for at leas 4months when he had to move to Oceania because of a better job offer. We’re in long distance relationship for a year and 8months, met few times in different countries before we got married. After marriage we went on 3weeks trip in Japan and a week trip in Dubai. And he also visited me here in Middle East and stayed at my Flat once. 

Posted
Just now, KandV1226 said:

He used to work here in Middle east. We were dating for at leas 4months when he had to move to Oceania because of a better job offer. We’re in long distance relationship for a year and 8months, met few times in different countries before we got married. After marriage we went on 3weeks trip in Japan and a week trip in Dubai. And he also visited me here in Middle East and stayed at my Flat once. 

 

Ah, I see. That sounds good then, plenty of evidence of a bona fide relationship there. 

 

Best of luck. 

Filed: IR-1/CR-1 Visa Country: Chile
Timeline
Posted (edited)
15 minutes ago, OldUser said:

But we don't know what ex status is or her kids and whether they have any upcoming interviews where they can be asked about living situation.

 

We don't know what all paper trace ex and her kids are leaving by residing at OP's husband house. And if he tries using this address at any point in process, it can be flagged. With great level of certainty fraud department at USCIS incorporates AI to some degree, allowing searching and analyzing thousands of cases and any matching data - addresses, names, birth etc etc.

 

At the end of the day, USCIS has ability to see sealed / expunged charges, involve FBI in background checks and many more. I wouldn't underestimate their capability to gather information.

 

Any person's phone (OP, husband) can be searched by CBP too - checking any messages when entering the US.

 

I wouldn't leave any chance for this to screw up OP's immigration.


Having been through multiple government background checks, and having served as a reference during TS/SCI investigations where they actually do come to your house and ask you about your friends, you’re vastly overestimating the scope of a government investigation below the TS level.

 

This isn’t a clearance, I know, but the ordinary scope is going to be less than what you’d expect on an SF-86. 
 

Edit to add: I think they should be prepared to address this, but it’s not a dealbreaker and it’s certainly not something needing proactive disclosure. If the government asks, tell the truth and have a good explanation.

Edited by S2N
 
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