Will the age difference affect petition for permanent residency?

I am 21 years old and came to the US with an F-1. The lady am fixing to marry is 30.

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Answered By: Calderón, Racine & Derwin PLC

Call now: (703) 248-9000

Age differences simply make your marriage suspect. It doesnt mean it cant be approved, it just means they are suspicious that the marriage isnt bona fide. You will need to do some work to document the marriage and be well prepared for your interview.

Answer Applies to: Virginia - Replied: 12/19/2011

Answered By: LAW OFFICES OF ALAN R. DIAMATNE APLC

Call now: (213) 943-4555

As long as the marriage is bonafied,it should not be a problem but the officer can have doubts and cannot deny you because of doubts.

Answer Applies to: California - Replied: 12/14/2011

Answered By: Feldman Feldman & Associates, PC

Call now: (619) 299-9600

As long as you can demonstrate it is a good faith relationship and not one to get the green card then the age difference will be explored but is not a prohibition. I have done cases with a much more extreme age difference.

Answer Applies to: California - Replied: 12/14/2011

Answered By: Law Office of Christine Troy

Call now: (415) 399-9490

DHS often scrutinizes age differences closely. If you are really in a relationship, then you will be able to prove that through testimony and documents. If you are not really in a true relationship, then do not move forward. You can get into a lot of trouble and ruin your ability to be in the US forever.

Answer Applies to: California - Replied: 12/13/2011

Answered By: Fragomen, DelRey,Bernsen,& Loewy, LLP

Call now: (949) 660-3504

In a marriage case to the United States citizen the age of the parties has no legal impact. However, the age of the parties is taken into consideration by examining officer in determining whether or not the marriage is genuine.

Answer Applies to: California - Replied: 12/13/2011

Answered By: The Jarrett Firm, LLC

Call now: (912) 401-8880

Age is a factor. However, if you have evidence to show that this is a valid marriage (meaning one not entered into for the purpose of circumventing immigration laws), you can overcome any questions. Remember, you have the burden of proving a valid marriage, no matter what the age difference is between the spouses. If you are not sure you have the evidence to show a valid marriage, I recommend speaking with an immigration attorney to review your case.

Answer Applies to: Georgia - Replied: 12/13/2011

Answered By: Law Office of Eric Fisher

Call now: (970) 668-1949

The fact that your future wife is older than you will not prevent her from filing a visa petition for you, but USCIS will examine both of you carefully to make sure it is a bona fide marriage.

Answer Applies to: Colorado - Replied: 12/13/2011

Answered By: Law Offices of Svetlana Boukhny

Call now: (949) 278-0834

As long as it is a bona fide relationship and you have sufficient evidence to prove it, the age difference itself should not make a difference.

Answer Applies to: California - Replied: 12/13/2011

Answered By: King & Ballow

Call now: (615) 726-5484

No, it should not affect your petition.

Answer Applies to: Tennessee - Replied: 12/13/2011

Answered By: Cardenas Law Firm

Call now: (786) 347-1605

The age difference is factor in determining if the marriage is a valid marriage but it doesnt automatically mean you will be denied. You should prepare a very strong petition with a lot of bonafides (evidence that the marriage is genuine) and prepare well for the interview. I strongly suggest you do this with a good experienced immigration lawyer. I always prepare my clients for the interview with USCIS as part of my services. Do not go to the interview without preparation and very strong proof of a true and genuine marriage.

Answer Applies to: Florida - Replied: 12/13/2011

Answered By: Joseph Law Firm

Call now: (303) 297-9171

Age differences is one of the factors that immigration will consider in determining whether a marriage is bona fide. The key element however, is whether you possess objective evidence of the validity of the marriage such as joint taxes, joint bank accounts, joint property, lease agreements in both names, utility bills in both names, joint credit cards, health and/or life insurance, a will with each other as beneficiaries, etc.

Answer Applies to: Colorado - Replied: 12/13/2011

Answered By: Wildes & Weinberg, P.C.

Call now: (212) 753-3468

Age difference is considered, but will not create a problem if you prove you have a real, loving relationship and a good marriage. It requires skilled representation, but should not result in a denial.

Answer Applies to: New York - Replied: 12/13/2011

Answered By: Gloor Law Group LLC

Call now: (312) 752-3752

The age difference will not matter as long as the marriage is legitimate and the intention is to marry for love. Because of the age difference however, you and your fiance may be asked various questions about your relationship. The officer may also investigate outside of your interview to confirm that your proposed marriage is not planned for the purpose of obtaining permanent residency.

Answer Applies to: Illinois - Replied: 12/13/2011

Answered By: Fong & Associates

Call now: (713) 772-2300

Age difference is just one factor the USCIS uses in determining a bona fide marriage. Be sure to have good evidence of cohabitation and commingling oof funds and you should be fine.

Answer Applies to: Texas - Replied: 12/13/2011

Answered By: Immigration Attorneys, LLP

Call now: (312) 661-9100

USCIS adjudicators are human and live in the same world that we do (though there are times that I have been given reason to doubt that statement), so they are affected or influenced by the same factors as any other random person. For some adjudicators, a nine year age difference would be seen as a significant adverse factor going to credibility and bona fides of the marital relationship, while other adjudicators would not see that age difference, in and of itself, as significant. You and your fianc will always have the burden of proof, and USCIS adjudicators are not well known for giving marriage based applicants the benefit of the doubt. The entire set of factual circumstances should come into play, and if everything else just looks right and "clicks", and the case is otherwise well-documented, a nine year age difference should not be a deal killer.

Answer Applies to: Illinois - Replied: 12/13/2011

Answered By: Law Office of Michael E. Hendrickson

Call now: (703) 838-5577

No, should be totally irrelevant.

Answer Applies to: Virginia - Replied: 12/12/2011

Answered By: Din Law

Call now: (312) 361-8462

From my experience the age difference that you have states will potentially flag your petition for closer inspection. There are other factors they will consider such as language/ethnic differences as well as the number of times she has been married in the past as well as the number of children you two have with other people.

Answer Applies to: Illinois - Replied: 12/12/2011

Answered By: Richard S. Kolomejec, Attorney at Law

Call now: (415) 433-7205

As long as your relationship is genuine, you should be OK. However, you will have to prove that you are really married and living together (e.g., lease agreement, joint bank account, bills, travel itineraries, photos, etc.). The age difference is a negative factor but you can have several positive factors to offset it.

Answer Applies to: California - Replied: 12/12/2011

Disclaimer: The responses above do not form an attorney-client relationship. These answers may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. These attorneys may or may not be admitted to state bar of your state.

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