greencard on k1 visa - intending to live in different places

[sure81 0]

hello,

im currently in the u.s. on a k1 visa.we got married 8 month ago, i filed for aos and im still waiting for my greencard. however, things arent really running great in my relationship. we fight a lot and already thought of breaking up. we both think that it might be healthy for our relationship if we live in different places for a while. we both want to give it another chance.

my question is, if this is gonna be a problem. does the INS check on where you live? and if they do how? can i sign a second lease on my own name? everything else is pretty much co -mingled ( insurance,lease,bills etc.).

upfront. i really dont need any good advices on how the perfect marriage or relationship is supposed to be. this is not fraud. i know that this is not the proper way, but living apart might be the only way to safe the relationship.

so im hoping for people who have been in the same situation, or have experiences with INS investigation.

THX

[Otto 83]

Where are you in the AOS process? (Interview yet?)

[sure81 0]

Where are you in the AOS process? (Interview yet?)

No, I havent had the interview yet.

Edited March 6, 2008 by sure81

[JaEnglishGirl 34]

Where are you in the AOS process? (Interview yet?)

Yes, i had the interview.Just waiting for the greencard.

You can live where you want.

It is of no concern to the USCIS where you live or in fact if your marriage is still intact.

Should you seperate permanently, you should be able to lift conditions on your own as long as you can demonstrate the marriage was entered in good faith

[sure81 0]

sorry for the confusion, i had an interview in germany but not the one in the us.

[eau_xplain 2]

The only things that would cause a problem for your pending AOS application are:

a. If your husband withdraws the I-864; and/or

b. If your husband will not attend the AOS interview with you

[Nanusia & Lukaszek 0]

You can live where you want.

It is of no concern to the USCIS where you live or in fact if your marriage is still intact.Should you seperate permanently, you should be able to lift conditions on your own as long as you can demonstrate the marriage was entered in good faith

Oh it is a concern of USCIS where you live. They are to know where the immigrant resides at all times in the US. You are supposed to file a change of address within a certain amoutn of time after moving (moving together I would imagine though).

Here's the issue, you can move to save the marriage, but when you get to the interview stage of AOS, and they ask where do you live, will you lie? If you tell the truth that you don't live together, I think that will put doubt in the IO's head on the validity of the marriage.

I would try to work on it at the same place, until you have the GC (if possible of course).

Best of luck to you

[RaTBoX 1]

The only things that would cause a problem for your pending AOS application are:

a. If your husband withdraws the I-864;

Once the I-864 is signed and submitted as part of an Adjustment of Status application, it cannot be withdrawn. It's now a contract between the petitioner and the US Government. If the marriage fails, the petitioner is still bound to the I-864. Divorce does not end the contract.

[sure81 0]

You can live where you want.

It is of no concern to the USCIS where you live or in fact if your marriage is still intact.Should you seperate permanently, you should be able to lift conditions on your own as long as you can demonstrate the marriage was entered in good faith

Here's the issue, you can move to save the marriage, but when you get to the interview stage of AOS, and they ask where do you live, will you lie? If you tell the truth that you don't live together, I think that will put doubt in the IO's head on the validity of the marriage.

well of course if they ask me where i live i will not tell them we moved apart. as i said we will officially still be on the same lease. the question is if they can find out about that. do they send officers to check where u live ? how do they investigate?

[eau_xplain 2]

The only things that would cause a problem for your pending AOS application are:

a. If your husband withdraws the I-864;

Once the I-864 is signed and submitted as part of an Adjustment of Status application, it cannot be withdrawn. It's now a contract between the petitioner and the US Government. If the marriage fails, the petitioner is still bound to the I-864. Divorce does not end the contract.

That is not true. As long as the AOS has not been adjudicated yet, the USC sponsor can still withdraw the I-864 on the grounds that the marriage is no longer viable or there is marriage fraud. Once the I-864 is withdrawn, then the AOS will be rejected.

If the AOS is complete, then the I-864 can no longer be withdrawn even if the marriage is no longer viable.

[sikora 0]

You can live where you want.

It is of no concern to the USCIS where you live or in fact if your marriage is still intact.Should you seperate permanently, you should be able to lift conditions on your own as long as you can demonstrate the marriage was entered in good faith

Here's the issue, you can move to save the marriage, but when you get to the interview stage of AOS, and they ask where do you live, will you lie? If you tell the truth that you don't live together, I think that will put doubt in the IO's head on the validity of the marriage.

well of course if they ask me where i live i will not tell them we moved apart. as i said we will officially still be on the same lease. the question is if they can find out about that. do they send officers to check where u live ? how do they investigate?

You must report a change of address to USCIS within 10 days. I believe that wilfull non-reporting is grounds for deportation

Edited March 6, 2008 by sikora

[sure81 0]

my wife is not gonna withdraw the I-864. This is not going to be a problem.

So would it be better to report the change of adress, even though it might be suspicious or just not so do so? i mean if they cant find out why would i do it?

[pushbrk 12,895]

my wife is not gonna withdraw the I-864. This is not going to be a problem.

So would it be better to report the change of adress, even though it might be suspicious or just not so do so? i mean if they cant find out why would i do it?

The primary purpose of the AOS interview is to determine whether the marriage relationship is currently ongoing and bona fide. A common requirement is to show evidence of cohabitation and comingling of finances.

You make it sound like you intend to misrepresent your cohabitation and relationship. This is a really dangerous course of action.

[Nanusia & Lukaszek 0]

You can live where you want.

It is of no concern to the USCIS where you live or in fact if your marriage is still intact.Should you seperate permanently, you should be able to lift conditions on your own as long as you can demonstrate the marriage was entered in good faith

Here's the issue, you can move to save the marriage, but when you get to the interview stage of AOS, and they ask where do you live, will you lie? If you tell the truth that you don't live together, I think that will put doubt in the IO's head on the validity of the marriage.

well of course if they ask me where i live i will not tell them we moved apart. as i said we will officially still be on the same lease. the question is if they can find out about that. do they send officers to check where u live ? how do they investigate?

I dont recommend lieing at the AOS interview! Being on the same lease, but saying you live together when you dont, isnt telling the truth, and just a reminder, you are under oath at the interview.

You ask how will they investigate? I'll tell you how, the second the IO seems something is up, they can deny you, or do separate interviews. Check out the types of questions that are asked in separate interviews (do a VJ search). Not living together usually comes out in separate interviews, and hence will a lie also.

[diadromous mermaid 36]

my wife is not gonna withdraw the I-864. This is not going to be a problem.

So would it be better to report the change of adress, even though it might be suspicious or just not so do so? i mean if they cant find out why would i do it?

Yes, you must inform USCIS that you have moved. Likewise, your spouse must also inform USCIS if she moves. The alien has 10 days to report a change of address and the form is AR-11, the USC has 30 days to inform on form I-865.