Having said all of that and working with hundreds of investors I would ask the builder who they are already work with - lending for new construction tends to require the lender to approve the builder and the borrower in some circumstances. 

Remember once you buy something, you may have to inject money for unforeseen events.

However, my circumstances have changed and I would like to move to be with her.Is there anyway I can do this legally without having anyone accuse me of mortgage fraud?

There is now a final decision (public record) finding the restrictions unenforceable on the grounds of changed circumstances. 

As you mentioned, having those reserves during the flip for unforeseen repairs can be crucial to the 1st flip.

Knowing what you want, what works best for your circumstances, and fully educating yourself before committing to a specific product will make it much easier when you actually decide to go through the process.

I've talked to an attorney that also doubles as a real estate investor and he has led me to believe that this idea could actually work in the right circumstances.

Whichever the correct term is they're willing to loan based on certain circumstances otherwise DSCR is business terminology??

Just as you said - circumstances changed, you found a perfect house where you will live on your own and wouldn't share the same building with your tenants, rates are low and you have the money - so you changed your mind and you went for it. 2.

Doubt they're getting it.Under no circumstance would I ever consider such a ridiculous request.