AOS when we don't live together

[indygirl 0]

ok, this might be a strange question. I live in the USA with a J1 visa. My fiancee lives in a different state.

We are thinking of getting married and file AOS. But is this possible without living together?

thank you!

[Bobby+Umit 161]

Could be...

You would have to show the reason why you are seperated - it will come up in the AOS interview.

(it is one of the fraud indicators they look at btw).

You will not know till you try.

I would say - have strong evidence and plenty of affidavits from people that know your situation.

Edited May 10, 2010 by Bobby+Umit

[Alla 3]

If your J1 is not going to expire very soon than wait till you move in together. It will be very hard to collect strong evidence while living saparately. You can always try but you should also realize the risk that it will evoke.

[Radkova 11]

I agree with Alla. definitely move in together first for few months and start collecting evidence. you don't want them to think this is a fake marriage

[Ryan_and_Priscy 16]

A friend of mine was in the same situation, with the J1. Only weekends she and her fiancé could see each other. They got married but still they were not living together because her she had to finish her studies. But they submit strong evidence of the relationship: joint bank account, tickets of the trip she had made as well the tickets of his trip when he went to visit her overseas; and the ownership of a house under their names. As long you submit affidavit that will testify you are having true relationship and communication, and presenting the real reasons why you are not yet living together, will help to your process!

[Summerluv 0]

I only see my hubby on the weekends too due to my job. I was too a little concerned, but I think as long as you explain why you are separated, and show that you do plan to unite soon, you will be ok. I have lot of evidence, including pictures since we started dating, joint lease, insurance, wedding pics, bank accounts..etc. I also have evidence showing that we plan to move in together very soon (offer letter from a company close to his house).

They will definitely ask you, but I'm sure as long as you explanation makes sense it will be ok. I'll post my interview experience later.

[LT.Nora 7]

My friend and his wife submitted AOS showing two different addressess (claiming they are looking for place to live together and for now they sometimes live at one address and sometimes at the other). Well it didn't work that way and they got RFE with reason being that they live at separate residences. The lawyer suggested for them to find place first, move in together and file with one address on the application.

If you live separately what kind of evidence would you submit for your bona fide marriage? The whole point of that evidence is to show documents with the same address of residence. Also at the interview some of the questions may be about the home you live in i.e. the floor plan, colors of curtains etc.

A friend of mine was in the same situation, with the J1. Only weekends she and her fiancé could see each other. They got married but still they were not living together because her she had to finish her studies. But they submit strong evidence of the relationship: joint bank account, tickets of the trip she had made as well the tickets of his trip when he went to visit her overseas; and the ownership of a house under their names. As long you submit affidavit that will testify you are having true relationship and communication, and presenting the real reasons why you are not yet living together, will help to your process!

I only see my hubby on the weekends too due to my job. I was too a little concerned, but I think as long as you explain why you are separated, and show that you do plan to unite soon, you will be ok. I have lot of evidence, including pictures since we started dating, joint lease, insurance, wedding pics, bank accounts..etc. I also have evidence showing that we plan to move in together very soon (offer letter from a company close to his house).

They will definitely ask you, but I'm sure as long as you explanation makes sense it will be ok. I'll post my interview experience later.

I don't understand how these two above examples are not living together? The first one had ownership to the house and the second one had joint lease. It would not count on any reason that you live separately if one spouse constantly travels to other states for work/studies but their main residence is the address where the other spouse stays. Well maybe I am missing something.

IMO, even if I traveled out of the country for 8 months out of the year, I would still consider myself as living with my husband, because that's were my main residence would be and all bank statements, bills etc would come to me.

[Summerluv 0]

I did file with one residence, and we put my name on my hubby's lease. But I also made a note in the package that although my main residence is with my hubby, I live in a town 80 miles away during weekdays due to my job. Hopefully they won't ref me...

[Ryan_and_Priscy 16]

My friend and his wife submitted AOS showing two different addressess (claiming they are looking for place to live together and for now they sometimes live at one address and sometimes at the other). Well it didn't work that way and they got RFE with reason being that they live at separate residences. The lawyer suggested for them to find place first, move in together and file with one address on the application.

If you live separately what kind of evidence would you submit for your bona fide marriage? The whole point of that evidence is to show documents with the same address of residence. Also at the interview some of the questions may be about the home you live in i.e. the floor plan, colors of curtains etc.

I don't understand how these two above examples are not living together? The first one had ownership to the house and the second one had joint lease. It would not count on any reason that you live separately if one spouse constantly travels to other states for work/studies but their main residence is the address where the other spouse stays. Well maybe I am missing something.

IMO, even if I traveled out of the country for 8 months out of the year, I would still consider myself as living with my husband, because that's were my main residence would be and all bank statements, bills etc would come to me.

I cannot explain how they did this process since I haven't asked them yet in details. But so far seems to be they were able to get this property under their names. They both live in the same state but 3 hours away from each other. I just will specify that they haven't done the religious marriage yet, and due to this reason they explained to the IO why are not living together but, still, they have strong evidence they plan to live together as a married couple.

[jgc 0]

ok, this might be a strange question. I live in the USA with a J1 visa. My fiancee lives in a different state.

We are thinking of getting married and file AOS. But is this possible without living together?

thank you!

My wife and I got married in March and my visa expires at the end of this month. We've been living in different states and filed early in April. She's moving in with me in june, and we mentioned that in our application. So far all our documents have been accepted, so it seems like for now for us being separated has not been an issue. We had a lease with both of our names though, so maybe that's good evidence for our case. Also we have family and friends sign affidavits for our application.

[indygirl 0]

thank you all very much for your answers!

So it seems to me it's almost impossible to apply for AOS and keep living in different states. I mean I see why that seems suspicious...

Does someone know if it is possible to have at least a bank account together when you don't have the same address?

Do you have any other advice how it could still work for us??? I appreciate it, becuaes I am really sad and don't know what to do!

[Cécy 44]

thank you all very much for your answers!

So it seems to me it's almost impossible to apply for AOS and keep living in different states. I mean I see why that seems suspicious...

Does someone know if it is possible to have at least a bank account together when you don't have the same address?

Do you have any other advice how it could still work for us??? I appreciate it, becuaes I am really sad and don't know what to do!

If you read the information given, no it's not impossible. You just have to work harder for evidence.

Provide copies of job contract or letter from the employer if the reason why you're appart is job. Provide letter from the university if you are studying.

Get affidavit letters from family and friends supporting the fact that your marriage is bonafide.

Get your name added to the US Citizen's credit card.

Show proof that you meet regularly, and share some things at least (health insurance, car insurance, name as a beneficiary in case something happens, etc).