Explanation of Living Apart?

[ghanighani 6]

Hello all. 

I am trying to draft a letter explanation of why my spouse and I live apart. We originally filed a K1 visa application in October 2022, but with the ballooning wait times, chose to get married while he was in the country on an ESTA in December 2022. He then went home from vacation back to Poland, as planned, and I am in the process of trying to file this CR1 visa, since we nullified the K1 visa. 

 

My question is, how do I explain that we currently live apart and have never lived together in a way that makes sense to USCIS? We've been together for four years now, and have five trips together to either country and have met each other's family, so I'm not super worried about lack of evidence. Do I just say we felt the CR1 visa would better fit our family's needs and are choosing to file that one as a result, and that the reason we don't live together is because we are abiding by immigration law and are still citizens of our respective countries? 

 

We do not have mitigating factors like school or work. We just decided we would prefer to do the CR1 visa and so got married and he went home. 

 

Any advice is welcome. Thanks.

 

[Chancy 6,241]

11 minutes ago, ghanighani said:

how do I explain that we currently live apart and have never lived together in a way that makes sense to USCIS?

 

No need to explain why you live apart.  That's normal for most couples in the spouse visa process.  Also no need to explain why you chose CR1 over K1.  USCIS won't care.  What matters is that you submit the requirements for the I-130 petition, so focus on that.

 

[discoverusa 258]

Nothing to explain here. You followed correct process. Your husband returned to Poland to await his spousal visa approval. This is a standard process. 

[ghanighani 6]

So it doesn't matter that we live apart, even though they have a part where they say we should show evidence of living together like a joint lease? I thought I had read that not living together is a red flag. 

[Chancy 6,241]

3 minutes ago, ghanighani said:

So it doesn't matter that we live apart, even though they have a part where they say we should show evidence of living together like a joint lease?

 

Evidence of common residence is just one example of the bona fide marriage evidence you may submit.  It is not a requirement, just an option.  In your case, it is not an option because your spouse came on ESTA, which does not allow him to legally reside in the US.  But that's ok.  You still spent time together in person, and that matters, even if it was just on vacation.  Submit evidence of that, like his I-94 entry/exit record, supported by photos of the two of you together during that period.

 

[powerpuff 6,697]

41 minutes ago, ghanighani said:

So it doesn't matter that we live apart, even though they have a part where they say we should show evidence of living together like a joint lease? I thought I had read that not living together is a red flag. 

I’d imagine majority of couples applying for CR1 would be denied in this case. Very few couples actually live together when applying for CR1 since they live in different countries during the process. USCIS knows this 

[ghanighani 6]

Okay, thanks for the explanation all. I appreciate it. 

 

[pushbrk 12,877]

52 minutes ago, ghanighani said:

Okay, thanks for the explanation all. I appreciate it. 

 

As you move forward, pay attention to the details of what you read.  The list of evidence you read followed the words "in addition to the required...." meaning it's not required, and "one or more...." meaning not necessarily all.  Most couple who have never lived together, concentrate on the last on the list, "any other...." which tends to be evidence of time spent together in person, examples of how and how frequently they communicate, and some photos.