amhere

Hi hi

I have a detailed question about how to answer Q21 on the form I-130
"If filing for your husband/wife, give last address at which you lived together"
It asked for the address and the date.

We have been living at the same address as house mates, then later as partners, and also as a married couple. Which date should I enter?

many thanks

Noorah101

I would put FROM the date you were married, and if you are still living together, put TO "present".

Since the petition is based on marriage, in my opinion those are the only dates necessary. It specifically asks how long you've been living with your spouse. Before the date you were married, you weren't living with a spouse.

That's how I would answer it.

Best Wishes,
Rene

Folinskyinla

Hi:

I assume you mean that you started off living in the same place and then developed a strong affection, which lead to, and then lead to, etc etc. Note the question does not ask when you two got romantically involved -- just give the first date you lived at the same address.

Folinskyinla

Hi:

Beg to disagree. BIA case law long holds that sexual relations are not necessary.

jeffreyhy

Answer the question that is asked and give the dates that you lived together.

Some couples, such as yourselves, may have lived together for longer than they have been married. Other couples (I was one) never lived together despite being married until after the visa was issued and the foreign spouse entered the USA.

Regards, JEff

Noorah101

Ah, I see. Thanks.

Folinskyinla

Hi:

Actually, the case in question, Matter of Peterson, dates from 1986. Not only did the Board order approval of the visa petition, they specifically noted that there was no evidence of fraud and that their reasons for getting married "were better than most." It is the only BIA decision I have ever read that had me LOL!

amhere

That seems very sensible, but...

I currently have F-1 visa status, I am a student. As I understand it every time I enter USA using my F-1 visa I am declaring to the US government that I intend to leave after I have completed my studies. And up until the last time I entered USA I did have every intention of leaving, but things have changed. Is putting the date we first lived at the same address the right thing to do since it could create doubt concerning the validity of my F-1 visa status - as in it might look like I entered the country with the intention of staying.

Since the question can also be read as :
Would it be better to answer it like this?

What do you think I should do?

meauxna

Check out this thread: http://britishexpats.com/forum/showthread.php?t=496224

Folinskyinla

Hi:

Do you actually SAY every time something like "I have a home abroad of which I have no intention of abandoning?" If not, where do you get your "understanding?" Just curious.

An interesting case. Although it is now 33 years old, it is still good law in my opinion.

http://www.usdoj.gov/eoir/vll/intdec/vol15/2349.pdf

ian-mstm

So what? Your F-1 doesn't require you to revalidate your intent once it's issued. All that matters was your intent when you received the F-1... and having an F-1 does not preclude your also adjusting your status by virtue of your marriage.

Ian

amhere

No, but we had a conversation with an immigration lawyer and she told us this. - and I believed her silly me.

Thank you all for your help clarifying this question. The links were great.
Appreciate