what if we don't live together before interview

[drella 4]

Hello everybody !

So I have read topics related more or less to my issue but didn't find answers as I didn't find anybody in the same situation so I hope someone can advise me !

I am here on J-1 visa, until march 2013, and my boyfriend - who is american - and I want to get married. We have been together for almost two years now but don't live yet together, we want to but we are both very busy for now to get into moving in a new place together, him with his job because he is often out of town and me with my internship and we don't want to rush quickly in a place we really want to find OUR home The thing is he lives at his best friend's apartment, who has an apartment in New York but is in like 5 times a year, he doesn't pay rent and has been living this way for 5 years now, it's a very convenient situation and we are together all the time even if I also pa a rent somewhere else because I don't stay there when he is out of town and well, here is our problem : we are willing to move in together and we are looking for a place but my questions is here : what if we fill the aos documents with our different addresses mentionning that we are about to live together, I mean we of course have alot of evidences of our relationship but the "living together thing" worries me, I mean maybe we will already be living together at the time of the interview but maybe not so will USCIS find it suspicious in some ways ? thank you very much all!

[JohnR! 5,495]

If he is applying for a fiancee visa - K-3 - then you do not need to live together, because you will need to wait for your visa in France anyway.

If you're thinking of getting married then the living arrangements will come into play, because the USCIS will question the fact you are not living under the same roof. If you're planning to go that route, wait until both of you are ready, move in together, and then get married, otherwise it will look as though you are only getting married to get a green card.

[JohnR! 5,495]

TYPO: It should read K-1 instead of K-3

If he is applying for a fiancee visa - K-3 - then you do not need to live together, because you will need to wait for your visa in France anyway.

If you're thinking of getting married then the living arrangements will come into play, because the USCIS will question the fact you are not living under the same roof. If you're planning to go that route, wait until both of you are ready, move in together, and then get married, otherwise it will look as though you are only getting married to get a green card.

[drella 4]

Thank you for your reply Gegel. I am sorry but I am cinfused about the visa K3, what is the difference with the K1 visa? Because we thought about the k1 visa option which would give us more time to settle and do things the best way but it is waaaaayyy to long the process, we just can't be like 5 or 6 months far from each other...I looked for information for the k3 visa but don't understand what it exactly is, because it says it is for a "spouse" but you still get it in your country of origin...?!

If he is applying for a fiancee visa - K-3 - then you do not need to live together, because you will need to wait for your visa in France anyway.

If you're thinking of getting married then the living arrangements will come into play, because the USCIS will question the fact you are not living under the same roof. If you're planning to go that route, wait until both of you are ready, move in together, and then get married, otherwise it will look as though you are only getting married to get a green card.

[drella 4]

oh ok sorry was answering while you were correcting...

[JohnR! 5,495]

Thank you for your reply Gegel. I am sorry but I am cinfused about the visa K3, what is the difference with the K1 visa? Because we thought about the k1 visa option which would give us more time to settle and do things the best way but it is waaaaayyy to long the process, we just can't be like 5 or 6 months far from each other...I looked for information for the k3 visa but don't understand what it exactly is, because it says it is for a "spouse" but you still get it in your country of origin...?!

It was a typo. I meant to say K-1. Sorry for the confusion.

[DandT14 272]

Now I'm confused...why are we talking about k-1 visas?

It sounds to me from your original post like you want to get married and file AOS...or am I misreading something? What exactly do you want to do and when?

[drella 4]

Gegel was mentionning it so I was just telling him that, yes we considered this option but what we want to do is getting married now ( on my birthday actually, that's why I am saying "now") and I just want to know what people here who have been through all these processes would think of the situation, I know every situation is different and specific and we are really planning to live together, but my internship ending on march 30, it's like we just can;t focus right now on looking for a place right away, for the reasons I mentionned in my first message...

Your perfectly understood we want to get married and fill AOS, that's it !

Now I'm confused...why are we talking about k-1 visas?

It sounds to me from your original post like you want to get married and file AOS...or am I misreading something? What exactly do you want to do and when?

[DandT14 272]

You can still get through the process without living together, but you need to have very strong evidence of a bona fide marriage, and a good explanation as to why you're not living together. "We're too busy" probably wouldn't cut it.

You will most likely have a much easier interview if you are living together, but it's not a requirement.

You can always get married now, and file your AOS when you're closer to moving in together...but before your visa expires. You don't want to go out of status if you can avoid it.

Edited November 14, 2012 by DandT14

[drella 4]

thank you for your reply Dandt14!

You can still get through the process without living together, but you need to have very strong evidence of a bona fide marriage, and a good explanation as to why you're not living together. "We're too busy" probably wouldn't cut it.

You will most likely have a much easier interview if you are living together, but it's not a requirement.

You can always get married now, and file your AOS when you're closer to moving in together...but before your visa expires. You don't want to go out of status if you can avoid it.

[Penguin_ie 5,997]

I agree with Gegel. If you do the K1, you could start it now, then go home when your time on the J1 is up or when it comes time for the medical and interview, whichever comes first, to minimise being apart.

If you want to marry now and adjust status to get a greencard, then not living together (especially after marriage) will be viewed as a huge red flag.

[drella 4]

Thank you Penguin for your reply! we considered that option too, starting the k1 visa process now while I am on j-1 here in the usa but what if for some reasons I get my medical appointment and interview before the end of my internship? I mean I wouldn't want to have to interrupt it just for this, but on the other hand I don't want to have to stay in France like two months to wait for it, would be so long... but that's true to me it sounds better too than getting married now and rushing...

I agree with Gegel. If you do the K1, you could start it now, then go home when your time on the J1 is up or when it comes time for the medical and interview, whichever comes first, to minimise being apart.

If you want to marry now and adjust status to get a greencard, then not living together (especially after marriage) will be viewed as a huge red flag.

[Penguin_ie 5,997]

Two months truly is NOT a long time.

How long have you left on your internship? You could file now and if things go quickly, delay by waiting to send in paperwork/ ask for a later interview.

[Rob & Monika 87]

It is unlikely that you will get an NOA2 before March 30th if you filed the K-1 today, let alone getting to the medical and interview portion. Plan for anywhere from 7 to 12 months for the entire process.

[Newbie608 103]

If you have good enough reason then living apart wouldn't be a problem. I've read on here where couples don't live together due to school or work and they got approved....Be sure to have strong evidence showing a bonifide marriage....