I-130/G-325a Question about Residency

[raypinot 0]

Hello,

I'm just about to begin my visajourney, and I have a question about residency.

My wife (girlfriend at the time) entered the United States on a Tourist Visa, and on a whim we decided it was time to finally get married--we had been traveling between Germany and the United States for almost 2 years. Staying as long as visas would allow, then moving to the other country.

After we were married, I added her to all the bills to our apartment, and she "lived" here for a few months--until eventually returning to Germany.

Now I'm beginning the paperwork to get her CR-1 and I'm not sure if any of it is actually considered "residency".

My question is, Since all our living together was technically done on tourist visas, does any of it count while filling out question 21 on the I-130 "If filling for your husband/wife, give address at which you last lived together."? Did we live together? or do I put "none"?

I will be submitting Joint Bank account info and Bills in both our names that have this apartments address on them, does that matter if she was technically not "living" here?

And on G-325a, Where is asks, "Applicants residence last 5 years" Do we not list the various times we "lived" together in Germany and the United States, because we were technically tourists?

Thank you very much for all your help,

Ray

[raypinot 0]

I guess it becomes a question of terminology, Living Together vs Residence

Are these terms interchangeable in CR-1 speak, or are the two completly different things?

For instance:

Question 21 on the I-130 "If filling for your husband/wife, give address at which you last lived together."?

My wife may have been on a Tourist Visa, but we did "live together" It doesn't say residence. Does that sound right?

But on G-325a, it asks, "Applicants residence last 5 years"

Since we were on Tourist Visa's then it would not count as "Residence" and we would not list our travels on Tourist Visas.

Does any of that make sense?

It just seems strange to answer differently on 2 forms I'm submitting together--I don't want to be accused of fraud, or cause any questions.

Does anyone know for sure what the correct way to answer these questions would be for me?

[pushbrk 12,881]

I guess it becomes a question of terminology, Living Together vs Residence

Are these terms interchangeable in CR-1 speak, or are the two completly different things?

For instance:

Question 21 on the I-130 "If filling for your husband/wife, give address at which you last lived together."?

My wife may have been on a Tourist Visa, but we did "live together" It doesn't say residence. Does that sound right?

But on G-325a, it asks, "Applicants residence last 5 years"

Since we were on Tourist Visa's then it would not count as "Residence" and we would not list our travels on Tourist Visas.

Does any of that make sense?

It just seems strange to answer differently on 2 forms I'm submitting together--I don't want to be accused of fraud, or cause any questions.

Does anyone know for sure what the correct way to answer these questions would be for me?

I love intelligent questions and this really is one. My first answer is that for the I-130 it probably doesn't really matter whether you list none or put the address but for the G325a, you have it right. Do not indicate an illegal "residence". You may wish to add a sentence to your cover letter indicating the two of you shared an apartment and some bills on one or more of the "visits".

[raypinot 0]

Well, then for the sake of openness and completeness, I will choose to put the apartment that we "lived together" in after we were married on the I-130.

Especially considering that for our Proof of Marriage, I am including bank statements with that address and bills from the apartment.

But on the G-325a since it asks for "Residence" I will exclude my "visits" to Germany, as my wife will exclude her "visits" to the USA. Since legally and technically, that seems to be the correct answer. We were tourists during those trips--hence the tourist visas. It doesn't seem right to claim residence while on a tourist visa, however you could "live together" while on a tourist visa.

Does that sound correct?

I'm just trying to avoid any problems, while answering each question asked properly.