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  • Not living with my wife, here is my situation.

    Hi all, here is my situation.

    Currently, my mom and I are taking care of my grandma. My mom works night shift so that in the morning she can take her to the hospital for doctor visit etc... And when I come back from work, it is my turn to look after her, to make sure she doesn't hurt herself and remember to take medicine.

    And as a result, I am unable to live together with my wife at least until June 2019 (this is when my mom will be able to bid for new hours)...

    Will it raise red flag to USCIS? How often do they do home visits now?

    I am going to see a lawyer later on today but I would love you hear your opinion and comments. Thank you.

  • #2
    Any comment guys? I would appreciate it very much.

    Comment


    • #3
      Sure there will be red flags but if you can prove you have a relationship then it can still work. make sure that you can show communication between you like text, email, calls, and pictures when you are together.
      This is my opinion not legal advice.

      Comment


      • #4
        Home visits are not that common. USCIS doesn't have the time and resources to send agents out too often.

        That said, do you have official joint documents with your wife? Joint bank account(s), credit cards, insurance policies, anything listing each other as the beneficiaries, joint cell phone bill etc. Or anything proving time spent together: boarding passes, hotel/travel itineraries, photos, etc.

        Not living together is a red flag so you'll need to overcome it with a lot of paperwork. It is not impossiblw though. Some couples have managed to get approved while in similar situations. The interview is also your chance to explain your situation.

        Comment


        • #5
          Originally posted by TJX37 View Post
          Hi all, here is my situation.

          Currently, my mom and I are taking care of my grandma. My mom works night shift so that in the morning she can take her to the hospital for doctor visit etc... And when I come back from work, it is my turn to look after her, to make sure she doesn't hurt herself and remember to take medicine.

          And as a result, I am unable to live together with my wife at least until June 2019 (this is when my mom will be able to bid for new hours)...

          Will it raise red flag to USCIS? How often do they do home visits now?

          I am going to see a lawyer later on today but I would love you hear your opinion and comments. Thank you.
          Just out of curiosity, Why doens't your wife come live with you and your mother and grandmother? That would be a good way to be able to see her, and help your mom and Gmother at the same time. Again just curious
          This is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.

          -Krypton9591

          Comment


          • #6
            Originally posted by krypton9591 View Post
            Just out of curiosity, Why doens't your wife come live with you and your mother and grandmother? That would be a good way to be able to see her, and help your mom and Gmother at the same time. Again just curious
            TBH, I think this is an inappropriate question, and to the extent that you're asking merely to satisfy your curiosity, off-topic for this forum. The way the poster and their wife are organizing their life in the face of complicated family obligations is their own business. You and I could easily think up half a dozen of potential reasons why the poster's wife isn't joining them, each of which would represent a rational choice (wife is earning money, wife is taking care of another set of family obligations, grandmother and wife don't get along, grandmother's house too small, ....)

            To the OP: I think that yes, each time your choices and family life configuration is different from the most common case, you should be documenting in as detailed way as you can how your family life hangs together. Make sure your name is still on any utility bill that allows it. Keep a raft of text/email messages between yourself and your wife, especially about mundane day-to-day home type decisions. The main distinction seems to be: are you inside the US or outside? If outside, I'm not sure (and would advise to consult with a lawyer).
            AOS from F1 OPT, full packet, c(9)
            06/06 Package sent to Chicago lockbox
            06/11 Package received
            06/11 PD
            06/18 4 email + 4 SMS notifications. NBC
            06/23 3 NoA received via mail. I-131 missing
            07/06 Biometrics notice, Anchorage for 07/12
            07/09 800 miles drive, 15 moose, 1 porcupine and 3 eagles later, walk-in biometrics
            07/17 Missing NoA for I-131 showed up in the mail
            08/23 Interview, Anchorage
            08/25 New card is being produced
            08/27 Case was approved

            Comment


            • #7
              Originally posted by tamarack View Post
              TBH, I think this is an inappropriate question, and to the extent that you're asking merely to satisfy your curiosity, off-topic for this forum. The way the poster and their wife are organizing their life in the face of complicated family obligations is their own business. You and I could easily think up half a dozen of potential reasons why the poster's wife isn't joining them, each of which would represent a rational choice (wife is earning money, wife is taking care of another set of family obligations, grandmother and wife don't get along, grandmother's house too small, ....)

              To the OP: I think that yes, each time your choices and family life configuration is different from the most common case, you should be documenting in as detailed way as you can how your family life hangs together. Make sure your name is still on any utility bill that allows it. Keep a raft of text/email messages between yourself and your wife, especially about mundane day-to-day home type decisions. The main distinction seems to be: are you inside the US or outside? If outside, I'm not sure (and would advise to consult with a lawyer).
              TBH Tamarack i think you're talking a little out of your league, it's not just for curiosity reasons, it's also the fact that although there are certain cases where couples have to live apart for whatever reason and have a smooth process yet 99% of the time it goes smoother when THEY'RE LIVING TOGETHER AS A MARRIED COUPLE AND COHABITATING. sure he can collect evidence, but honestly that's going to be harder if they're living apart, and USCIS might see it as a sham marriage. but what do I know, I'm just a senior member that see's this kind of thing all the time.
              This is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.

              -Krypton9591

              Comment


              • #8
                Originally posted by krypton9591 View Post
                TBH Tamarack i think you're talking a little out of your league, it's not just for curiosity reasons, it's also the fact that although there are certain cases where couples have to live apart for whatever reason and have a smooth process yet 99% of the time it goes smoother when THEY'RE LIVING TOGETHER AS A MARRIED COUPLE AND COHABITATING. sure he can collect evidence, but honestly that's going to be harder if they're living apart, and USCIS might see it as a sham marriage. but what do I know, I'm just a senior member that see's this kind of thing all the time.
                If you want to give advice, say you're giving advice and don't pretend (twice!) that you're asking intrusive personal questions "out of curiosity".

                The OP knows that their situation isn't ideal. That's why they started this thread.

                Me, I've laid out my approach in an earlier post (https://www.immihelp.com/forum/showt...861#post578861). True, the more your life differs from what the most vanilla, uncomplicated straightforward married couple's life, the more you have to document and be prepare for questions. But lives are complicated and you have to do what you have to do. Not everyone has an easy set of choices. Also, immigration officers have seen a lot of permutations.
                AOS from F1 OPT, full packet, c(9)
                06/06 Package sent to Chicago lockbox
                06/11 Package received
                06/11 PD
                06/18 4 email + 4 SMS notifications. NBC
                06/23 3 NoA received via mail. I-131 missing
                07/06 Biometrics notice, Anchorage for 07/12
                07/09 800 miles drive, 15 moose, 1 porcupine and 3 eagles later, walk-in biometrics
                07/17 Missing NoA for I-131 showed up in the mail
                08/23 Interview, Anchorage
                08/25 New card is being produced
                08/27 Case was approved

                Comment


                • #9
                  Alright. Everyone take a deep breath, please. While Krypton9591 could have asked the same question without peppering it, in this case, the question was begging to be asked. Why can't the wife live them? They could all save up on rent. After all, it does sound like they need a third person there to help with grandma.
                  USCIS happens to think that couples living in marital union have a bona fide marriage. From OPs post, one can easily infer that finances are an issue to him, his mother and grandma. One could also infer that OP's wife may be in a better spot - financially. OP will not be able to live with his wife until 06-2019 (*red flag). Furthermore, OP is wondering if USCIS conducts home visits? Maybe there is something I am missing, but the arrangement does not scream bona fide marriage to me. No offense to anyone. As I have always said, whatever it is that you choose to do, execute it to perfection.
                  OP asked whether this unusual situation will raise a red flag? Yes, it likely will. If the intending immigrant is better off financially, than OP, that's a red flag right there. I have read the USCIS adjudicator manual/policy manual - it's a red flag.
                  But then again, others have shown up dangling a baby after 4.5 years of marriage, 7 months in the US and 4ish years of living abroad - all while lacking any evidence prior to their move to the US - and hey, they got approved. Babies are cute, after all.

                  Peppered or not - Krypton9591's question is fair and square. If you ask a question in a public forum, you're opening yourself to everything. Now, it would be foolish of OP to ignore the elephant in the room. Why can't his wife live with them? And if we wondered that from miles away, sure, any ISO who's sitting in front of them reading through their file, will likely wonder the same.

                  I do try to not get hung up on whether someone is committing fraud or not. I also try not to worry about providingng so many resources for people to prepare their evidence to file for AOS and for the interview. Helping those who need help, beats inadvertently helping those who may be committing fraud. Don't you think?

                  Comment


                  • #10
                    I'm really not available for speculations about whether someone is committing fraud. The OP says they intend to consult a lawyer, which sounds like a wise move.

                    Mostly, I'm appalled by all the idle speculation. The OP hasn't given us much information, though, so that's partly to blame. We don't even know if the OP is the US citizen or the alien spouse (!) and that's presuming that this is a marriage-based application. We don't even know how far they are living apart. The field manual lists "no cohabitation since the marriage" as a potential red flag, and we don't know if they got married yesterday and basically never cohabited, or if they cohabited for ten years already, have been married for five, and the current arrangement is a temporary break of their established household. We also don't know whether "living apart" means the OP stays overnight at the grandma's house 50 miles down the road 6 nights a week and sees the wife multiple times, is on all the paperwork for their residence and has joint finances, or whether it means they're on opposite sides of the country. basically never see each other and manage completely separate households. The June 2019 deadline seems strangely far out. And if the mother and grandma are outside the US, and the OP is the beneficiary, this would clearly be an issue.

                    So in the absence of actual knowledge of the situation the only thing I can responsibly say is: be aware that this is not an ideal situation and do your best to mitigate, by documentation, spending time together, strengthening the life in common. And also, if you want more pertinent advice, provide more pertinent information.
                    AOS from F1 OPT, full packet, c(9)
                    06/06 Package sent to Chicago lockbox
                    06/11 Package received
                    06/11 PD
                    06/18 4 email + 4 SMS notifications. NBC
                    06/23 3 NoA received via mail. I-131 missing
                    07/06 Biometrics notice, Anchorage for 07/12
                    07/09 800 miles drive, 15 moose, 1 porcupine and 3 eagles later, walk-in biometrics
                    07/17 Missing NoA for I-131 showed up in the mail
                    08/23 Interview, Anchorage
                    08/25 New card is being produced
                    08/27 Case was approved

                    Comment

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