what if we don't live together before interview

[Cathi 5,755]

getting married while here on j1 visa, and adjusting status for cr1 spouse visa, without going home to finish the process is immigration fraud.

[Karee 4,190]

First thing is first. You need to check on rule 212(e) to see iof the 2 year home residency requirement applies to you. If it does, you will need a waiver regardless of going K-1 route or adjusting status.

Look at this thread:

http://www.visajourney.com/forums/topic/398522-advisory-opinion-for-j-1/

And look here:

http://travel.state.gov/visa/temp/types/types_4514.html

After typing all that, it looks like France is not on the list at all, so disregard everything I said above.

Sorry for my mix-up. Looks like your J-1 wont affect you at all. Good Luck!!

[Ontarkie 14,226]

getting married while here on j1 visa, and adjusting status for cr1 spouse visa, without going home to finish the process is immigration fraud.

This is not correct. As long as the J1 is already in the US is it perfectly legal.

[Hypnos 6,576]

getting married while here on j1 visa, and adjusting status for cr1 spouse visa, without going home to finish the process is immigration fraud.

If you don't fully understand the law then you should stop posting erroneous information like this.

[JoannaV 174]

It sounds like you are basically living together most of the time, just you also have your own place and his place isn't actually his? It would make sense if you were waiting to actually get a joint lease on a nice place after your internship was over and your current lease had run out, etc.

[drella 4]

Thank you for your replies , yes k-1 may be a better solution, at least less stressful because it gives us more time to settle things. I know that some couples make it without living together but in our case, we are in the same city and it is not strictly for work or school reason so it would make it very difficult I guess, even if we have strong evidences of bonafide marriage. Especially if we have another solution available. Thank you all !

[GreenTrain 1]

You should be fine as long as you can show that you guys are in touch on regular basis. Also, you lived together before getting this new job.

Good luck !!

[waiting_for_aos 11]

I think you should move in together before applying for AOS. While you are not legally required to live together for AOS, not living together without sufficient reason is considered a red flag. You stated that you and your spouse aren't living together because you both are too busy to search for a house. This to me doesn't sound like good reason to live apart. Why make the process hard for yourself when you can simply wait and make the process simpler? Remember, If the IO is not satisfied with your answers, your case could get stuck for months and you might have to go through all sorts of investigations. However, If you have other strong evidence of bonafide relationship, you should be fine. Whatever you do, be completely honest and truthful with USCIS about everything.

Edited November 17, 2012 by waiting_for_aos

[AnotherLostSoul 167]

I think you should move in together before applying for AOS. While you are not legally required to live together for AOS, not living together without sufficient reason is considered a red flag. You stated that you and your spouse aren't living together because you both are too busy to search for a house. This to me doesn't sound like good reason to live apart. Why make the process hard for yourself when you can simply wait and make the process simpler? Remember, If the IO is not satisfied with your answers, your case could get stuck for months and you might have to go through all sorts of investigations. However, If you have other strong evidence of bonafide relationship, you should be fine. Whatever you do, be completely honest and truthful with USCIS about everything.

I'm a bit nervous about this as well. I don't live with my husband because I'm going to school and I cannot live far from school while his work is also farther from my city (where my school is) so it would be hard for him to wake up early every morning and drive to his workplace, and then do the same thing after work every single day. So, since he grew up in the city he is working at, he is living with his mom, and at the weekends he would come down and we would be together at the weekend, but then Sunday night he would leave back. In the long term, once I'm out of school, we want to live together and I hope I'll find a job somewhere where he's working at....or maybe he'll change his workplace...but at the moment, we live apart. Is this really going to be a problem at our interview?

[waiting_for_aos 11]

I'm a bit nervous about this as well. I don't live with my husband because I'm going to school and I cannot live far from school while his work is also farther from my city (where my school is) so it would be hard for him to wake up early every morning and drive to his workplace, and then do the same thing after work every single day. So, since he grew up in the city he is working at, he is living with his mom, and at the weekends he would come down and we would be together at the weekend, but then Sunday night he would leave back. In the long term, once I'm out of school, we want to live together and I hope I'll find a job somewhere where he's working at....or maybe he'll change his workplace...but at the moment, we live apart. Is this really going to be a problem at our interview?

Living apart for school reasons is understandable. My wife lives in a different state as she is going to school and my interview was extremely easy and was approved on the spot. Every case is different and IO's look at everything before they make a decision. Other evidences that you submit also count a lot. Also the details about how you met and how your relationship progressed also matter. Our IO asked us questions like how long did we date before we decided to get married, how did I propose. In fact, these were the only kind of questions I was asked. Truth and honesty is easy to spot, so if your relationship is bonafide, you really have nothing to worry about. All the answers that you give will sound genuine and believable if you are truthful. I don't know much about your case so if you can tell me more about the kind of evidence you have and your relationship history, I can give you my suggestion and advice. Please note that the questions that you might be asked may be different from what I was asked. I think they depend on individual case. Remember, truth and honesty are your biggest allies in green card interview.

[AnotherLostSoul 167]

Living apart for school reasons is understandable. My wife lives in a different state as she is going to school and my interview was extremely easy and was approved on the spot. Every case is different and IO's look at everything before they make a decision. Other evidences that you submit also count a lot. Also the details about how you met and how your relationship progressed also matter. Our IO asked us questions like how long did we date before we decided to get married, how did I propose. In fact, these were the only kind of questions I was asked. Truth and honesty is easy to spot, so if your relationship is bonafide, you really have nothing to worry about. All the answers that you give will sound genuine and believable if you are truthful. I don't know much about your case so if you can tell me more about the kind of evidence you have and your relationship history, I can give you my suggestion and advice. Please note that the questions that you might be asked may be different from what I was asked. I think they depend on individual case. Remember, truth and honesty are your biggest allies in green card interview.

Hey "waiting_for_aos": thanks for your valuable response. Okay, here's my story. I met my now husband back in 2007 online. Then we started exchanging emails and this went on until Fall 2008. At this time frame we had nothing serious going on, just casual email exchanges and we have not met, or even talked over the phone or anything like that. Just emailing back and forth and updating each other how our week went by, or if there was anything good or bad to share. I was doing my Master's Degree at that time, so I probably sent him shitload of emails on how my tests went, or something like these boring subjects along the line. Then in Fall 2008 he asked if we could meet up sometimes. I told him I'm hecka busy with school, so he'd better know I won't have time to meet him all the time, and that I am not up for any serious relationship if this is what he is thinking. He reassured me over email that this is not the case on his side either, but maybe at the weekend when I would have a little time we could just meet up and grab a bite, or go to movies, or if I need to get something bigger to buy he could help me out as in my city we don't have any big stores and I used to take the bus and my bike along to do my groceries and Wall mart shopping over the neighboring city carrying always tons of stuff on the bus then on the bike home as the bus stopped far from my home where I lived at that time. So, that's how we met physically. We met up a couple times, and he was a really good friend, and we found each other keep emailing and any time we had free time to basically meet up. He took me home to introduce me to his Mom and his siblings. I hung out a lot with his sister and his sister's boyfriend as well, and we did tons of stuff together. We went to Disneyland, and flew to his friend's wedding in Santa Monica. We celebrated 4th of July together, and that's how it happened that in 2010 we had our 4th of July together and then he went home that night. Then the next day I found an email from him in which he says he was too chicken to ask in person, but he has feelings for me more than just a friend. And while if I don't want to have a relationship that is fine, but he is afraid that he'll lose my friendship, and begged me that if I don't want to try any type of relationship, let's not cut our friendship and stay friends like we were. He begged me literally over email and wrote me like five times that he won't ever approach me as more than a friend if I don't want to. I thought about it, and honestly, by that time I had more feelings for him too, but I didn't want to be like a "b.i.t.c.h" and crawl on him if he doesn't want a relationship with me, so I was the same way as him, that I was scared to bring it up as I was afraid he might not want to meet me again and be my friend again. So when I read this I was actually very very happy and in tears...I emailed him back and honestly wrote him what I wrote you here, how I had more feelings for him. Then we meet up and we talked about it, and we realized we're stupid chickens who can better communicate over email, but like a business, we said, all right let's try and we'll see how it goes. Nothing changed dramatically, but our relationship became more deep, and strong and we same way as back then, met up tons, and I went to his sister's wedding. We didn't live together at all before, or anything like that as his religion does not allow that and although he does not practice is, his whole family is and he feels he should respect that. And I respect that too, and I understand that. And then this summer (2012) he proposed to me and I was "stupid" enough and said yes. We even joke with that...we did nothing special, you know, just got married...nothing big. And since then is my husband, but since I'm still in school (PhD) and he is still at the work he used to work before in his city, hence we don't live together on a daily basis. He is living at home with his mom, and I'm in my city where the university is located. He is renting with me though, and when he has work off from his job he is here, but sometimes it doesn't happen just only a couple months later and only for a week. Well, that's the story *phew*...long enough?

Evidences:

1. shitload of photos, and even can print emails from the very beginning 2007 to all the way current

2. I pay PG&E, he pays COMCAST

3. we have our lease agreement on both of our names

4. renter's insurance on our names

5. joint bank account

6. joint auto insurance (he just bought me a car a week ago!!!! So now I actually have a car and don't need to take the bus to do groceries)

7. affidavit of support (four, two from his side: his sister and his sister's boyfriend whom I also know, and two from my side: my former high school teacher whom I am still today in contact after 12 years, and same way my high school teacher's husband-- every holiday I spent with them when my husband was just my friend, and they are sort of my "adoptive parents"- my parents were passed away even at the time when I was going to high school and this teacher was teaching me, so they sort of nurtured me as their own child)

So this is it...please let me know what you think!

Again, thank you so much!

Edited November 18, 2012 by AnotherLostSoul

[waiting_for_aos 11]

@AnotherLosSoul

I think your case is really strong. Your relationship started a couple of years ago which is really good. Those emails that you have are good evidence. I also recommend you taking all the Facebook messages, call and Skype records if you have. Also, bank account, insurance, lease are really really important. You have all that so its really good. I think the strongest point you have is your PhD. I have read few cases of people living apart from their spouse for doing PhD. They all had a really easy green card interview. It makes sense too. Such highly educated people are not likely to engage in immigration fraud and jeopardize their careers. USCIS knows it. So don't worry, just collect all your evidence and go to the interview. You will surely get your greencard!

Just one tip, When you are at USCIS on the day of interview, just be yourself and act normally around your husband like you usually do. Some people advise holding hands and being all over each other. If you normally hold hands when he is around then do it, if you dont then dont. If you act normal, your relationship will look normal and believable! Good luck and keep me posted!!

Edited November 18, 2012 by waiting_for_aos

[waiting_for_aos 11]

@AnotherLosSoul

Also, my lawyer, who has been attending green card interviews for over a decade gave me a mock interview in which he asked questions which he saw most frequently asked from couples who live apart. The questions mostly revolved around our families.

- Do you know the names of your mother and father in law?

- When did you meet them first time?

- When did you meet them the last time?

- when did you last speak to them?

- How many brother and sister in laws you have? When did you last speak to them?

- Show me pictures of you with your spouses family

- Since you belong to a different religion than your spouse, are your parents OK with it? Are you guys OK with it?

These were few questions that my attorney asked me during the mock interview. Please note that in my real interview NONE of these questions were asked. My real interview was far easier and simple.

Edited November 18, 2012 by waiting_for_aos

[AnotherLostSoul 167]

@AnotherLosSoul

Also, my lawyer, who has been attending green card interviews for over a decade gave me a mock interview in which he asked questions which he saw most frequently asked from couples who live apart. The questions mostly revolved around our families.

- Do you know the names of your mother and father in law?

- When did you meet them first time?

- When did you meet them the last time?

- when did you last speak to them?

- How many brother and sister in laws you have? When did you last speak to them?

- Show me pictures of you with your spouses family

- Since you belong to a different religion than your spouse, are your parents OK with it? Are you guys OK with it?

These were few questions that my attorney asked me during the mock interview. Please note that in my real interview NONE of these questions were asked. My real interview was far easier and simple.

@Waiting_for_aos: Thanks for both of your responses...very very valuable. Thank you so much, I am more than grateful to you! I am a bit relieved reading your posts as yes, we're the weirdest, but definitely good couple. LOL We joke all the time, but we're not the "all over each other"...meaning, we barely hold hands in public...sometimes if it is colder, or we're taking a walk with sort of wrap each other by the arm, almost like an old grandma and grandpa. Sometimes I feel that way too...we're just so casual, and there's no pink clouds above our heads, but we do love each other, but we're on the ground, and keep our feet on the ground. I guess that means we're not angles...LOL Again, thank you very much!!! I wish you the best as well!!