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Denial of K-1 visa due to age

#1 Angela256z

Angela256z

    Senior Member

  • PipPipPipPipPipPip


Posted 10 September 2013 - 08:23 PM

Hi -

I have a friend who is an older USC and she applied for her BF to come on a K-1 visa.  He recently had his interview and was denied because there is an age difference between then 20s to 50s.  How can one prove that this is not a fake relationship and appeal the denial?


  • 0

* 21 APR 2016 - 90 Days before husbands conditional green card expires


#2 cclr

cclr

    Member

  • PipPipPip


Posted 10 September 2013 - 08:30 PM

what country? More details needed.


  • 1

#3 dwheels76

dwheels76

    Queen Software Test Engineer



Posted 10 September 2013 - 09:27 PM

Hi -

I have a friend who is an older USC and she applied for her BF to come on a K-1 visa.  He recently had his interview and was denied because there is an age difference between then 20s to 50s.  How can one prove that this is not a fake relationship and appeal the denial?

 

What exactly did their 221g denial form say? No way you can be denied just for age difference and no CO will just say that. you denied because of age difference.

 

You said age difference was 20's to 50's. Do you mean the man is in his 20's and the woman is in her 50;'s?

 

Best way to show proof of bonafide relationship is visits. face time is #1. here is a list they may consider also. depending on country some weigh heavier than others.

 

Also what were the questions?

How was their confidence?

 

many times people think its one thing and its not that at all. This list is for married people but still some engaged folk have some of this.

 

BONAFIDE EVIDENCE

 

1. Evidence of Communication Before and After Marriage

  • Phone bills showing who called whom
  • Letters
  • Greeting cards
  • Chat logs
  • Emails / PM’s
  • Delivery receipts (of gifts you send each other)

2. Evidence of Visits / Vacations / Meeting in Person

  • Boarding passes
  • Passport stamps
  • Hotel receipts with both your names
  • Vacation / honeymoon photos
  • Receipts or bank statements showing remote ATM withdrawals (to show you were pulling money from that location at such time)

3. Evidence of Co-habitation During Marriage

  • Birth certificates of any children born to you together
  • Mortgage loan contract or lease contract with both partners’ names in it
  • Utility bills with both partners’ names
  • Receipts with both partners’ names in shipping/billing address
  • Pictures of you two living together

4. Evidence of Joint Ownership of Assets and Shared Financial Responsibility

  • Joint bank account statements
  • Proof of joint credit card use
  • Money transfer receipts
  • Power of Attorney
  • Wills (never used this)
  • Utility bills
  • Life insurance policy showing spouse as beneficiary
  • Health insurance
  • Car insurance

5. Photographic Evidence

  • Photos of you two together
  • Photos of you two with family (such as wedding, parties, kids’ graduation, etc.)
  • Photos of you two in various locations and times

6. Evidence from Others in Support of Bona Fide Marriage

  • Sworn affidavits of friends and/or family
  • Letters/cards from friends and/or family

  • 2

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#4 jane21

jane21

    Senior Member

  • PipPipPipPipPip


Posted 10 September 2013 - 09:48 PM

IT WONT I AM 22 AND MY HUSBAND IS 65


  • 0

#5 lost_at_sea

lost_at_sea

    Diamond Member



Posted 10 September 2013 - 10:14 PM

A large age difference can be a huge red flag for some of the high fraud countries (particularly where the would-be wife is older & the USC). Where did they interview?

Edited by lost_at_sea, 10 September 2013 - 10:15 PM.

  • 0

bullet_blue.pngI-130/CR-1 visa by Direct Consular Filing in London:
3rd May 2013     - Married in London

7th May 2013     - I-130 filed
4th June 2013    - NOA2 (approved)
16th July 2013   - Interview (approved)
30th July 2013   - POE San Francisco
29th August 2013 - 2 year green card arrived

 

bullet_green.pngHow? Read my DCF London I-130 for CR1/IR1 Spouse Guide

bullet_blue.pngRemoval of Conditions (RoC) via California Service Center:
1st May 2015     - 90 day RoC window opened
6th May 2015     - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015  - Approved / GC production

27th August 2015 - 10 year green card arrived
 
bullet_blue.pngNaturalisation (Citizenship) via Phoenix Lockbox:
1st May 2016     - N-400 window opened
20th August 2016 - N-400 filed
??               - NOA1
??               - Biometrics
??               - Interview
??               - Oath


#6 Pitaya

Pitaya

    鸳鸯鸟 (AKA A&B)



Posted 10 September 2013 - 10:17 PM

~Moved from IR1/CR1 Process to K-1 Progress Forum~

~topic is K-1 visa related~


  • 0

Completed:   K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

 

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

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#7 mareric

mareric

    Member

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  • Group: Members
  • Joined: 13 Aug 2013

Posted 11 September 2013 - 12:31 AM

Age doesn't matter when you are in love, we love each other that's what we have in common.. And some people say I'm after of his money its wrong because I'm not, he is not that rich and he is a good christian man! idea9dv.gif

Amen, 1st Corinthians 13:13


  • 1

ERIC


#8 CaizLurol

CaizLurol

    Member

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  • Group: Closed
  • Joined: 24 Jul 2013

Posted 11 September 2013 - 01:58 AM

I wasn't asking it in a judgmental way. I was just wondering cause I see a lot of that on these forums and in every day life with people wanting to immigrate here. I Big age differences. I know this raises some red flags and the OP and her partner have a big hurdle ahead of them.

If you are happily in love then that is a wonderful thing and I am happy for you. I hope you and your husband are together soon.


  • 4

#9 canadian_wife

canadian_wife

    Long Time Member



Posted 11 September 2013 - 04:10 AM

Ok, back on track

 

Hi -

I have a friend who is an older USC and she applied for her BF to come on a K-1 visa.  He recently had his interview and was denied because there is an age difference between then 20s to 50s.  How can one prove that this is not a fake relationship and appeal the denial?

 

What country is your friend from?  Who is older?  Where is the beneficiary from?  Sometimes one will interview in country A while being from country B

 

More details are needed to help your friend

 

good luck


  • 0

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

 

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED.  Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen


#10 c12h22oh

c12h22oh

    Senior Member

  • PipPipPipPipPip


Posted 11 September 2013 - 06:16 AM

Sorry man but I do not think so! I have a friend of mine 40 yeas old that his wife and both living in Orlando Florida. This is a living example

therefore your example do not fly here!!    good luck with you journey!!


  • 0

                                                                                        


#11 iammrsregie

iammrsregie

    pɐǝɥ ʎɯ uᴉds noʎ



Posted 11 September 2013 - 06:42 AM

 

lol

majority of the philipinies girls are like in their 20s nd their husbands probably 65+
 

 

um... No.


  • 0

My K1 timeline (4 months/NO expedites): http://www.visajourn...cfl=0&id=163489

My AOS timeline (10 months):

08/16/2014 - Sent in AOS package 

08/18/2014 - Delivered per USPS website

08/22/2014 - Text of receipt numbers received

08/27/2014 - NOA hard copies received (dated 08/19 and 08/21)

08/29/2014 - Notice date of Biometrics letter

09/11/2014 - Received Biometrics appointment letter 

09/18/2014 - Biometrics completed at USCIS Raleigh, North Carolina

11/08/2014 - EAD / Travel Document approved and went to card production

11/19/2014 - Received EAD/AP combo card (dated 11/14/2014)

12/16/2014 - Received Notice of Potential Interview Waiver letter dated 12/11/14

06/24/2015 - AOS approved! Card picked up by USPS KY for delivery

06/26/2015 - Received green card by mail (Yay I can rest for 2 years!)


#12 Alex & Stela

Alex & Stela

    Member

  • PipPipPip


Posted 11 September 2013 - 07:23 AM

I think everybody in this thread needs to keep their opinions to themselves.

If those involved wanted your opinion on their relationship, they would have asked.


  • 1

Alex(US) & Stela(Brazil)
 

I-129F Packet Sent - 06/19/2013

I-129F Packet Delivered to Dallas Box - 06/21/2013

NOA1 Electronic Notice, Packet to VSC - 06/25/2013

USCIS Check Cashed - 06/26/2013

Received Hard Copy NOA1 - 6/28/2013

Notification of Case Transfer to TSC - 08/09/2013

Received Hard Copy of Case Transfer to TSC - 08/14/2013

Electronic Notification of NOA2 - 9/17/2013 - 85 days!

Electronic Notification of Shipment to NVC - 9/18/2013

Hard Copy NOA-2 (I-797) - 9/21/2013

NVC Received - 9/25/2013

NVC Shipped - 10/1/2013

Received at Embassy in Rio de Janeiro - 10/8/2013

Beneficiary Received Instructions & Interview Date - 10/15/2013

Going to visit for the interview!!! - 12/7/2013

Interview at Rio de Janeiro!!! - 12/10/2013

Coming back to the U.S. with my baby to get married!!! - 12/30/2013

 

Time to K-1 Petition Approval - 85 days

Time from Petition to Interview - 168 days


#13 Penguin_ie

Penguin_ie

    Queen Penguin



Posted 11 September 2013 - 07:55 AM

*** one post removed and member thread banned.  Give constructive advice or do not post. *****


  • 1

Bye: Penguin
modpenguin_zpsf0a69b27.jpgqueen-penguin-md_zps6835686c.png
Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.


#14 Boiler

Boiler

    Supreme Member



Posted 11 September 2013 - 08:21 AM

 

What do you have in common with a man who is old enough to be your father?

Do you mean Grandfather?


  • 3

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”


#15 d3adc0d3

d3adc0d3

    Platinum Member

  • PipPipPipPipPipPipPipPipPip


Posted 11 September 2013 - 08:25 AM

The age difference can be a red flag, but in and of itself would not be the sole reason for a denial. There would need to be a lack of evidence regarding a bona fide relationship between the petitioner and the beneficiary.

 

If they were denied, prior to the interview, then the reason is likely that there wasn't enough evidence supporting that they met.

If they were denied, at the interview, then the reason is likely that the beneficiary didn't answer the basic questions well enough and/or that there wasn't enough evidence of an ongoing relationship to satisfy the requirements.

 

You need evidence that you met in person, face-to-face in the last 2 years, such as:

  1. passport stamps
  2. boarding passes for plane/train/bus
  3. photos of you together in various places and times
  4. ATM receipts placing you in the beneficiary's country
  5. evidence of you cohabiting together (hotel reservations/leases/rental agreements with both your names)

If it's after the interview you need evidence of your relationship after you files such as:

  1. Phone logs/Text Logs
  2. Chat/IM logs/Skype logs
  3. Emails
  4. Letters/packages sent in the mail
  5. Passport stamps if you visited again
  6. Photos of you together (if you visited again)

 


  • 2

~ Don't forget to 'Vote Up' useful advice from others ~

K1 Visa Journey [April 11, 2013 - August 31, 2014]
[2014-09-20] !!! WEDDING !!!
[2014-09-22] Applied for SSN
[2014-09-26] Marriage License in Snail Mail
[2014-10-22] Notification of SSC in mail, will arrive "within 2 weeks"
[2014-10-27] SSC Arrived!

2015-04-30] Mailed AOS Package!
[2015-06-16] EAD Approved!
[2015-06-16] AP Approved!
[2015-06-23] EAD/AP Card Received!

[2015-10-02] AOS Approved (No Interview)!

[2015-10-07] Greencard Mailed

[2015-10-09] Approval Notice Recieved

[2015-10-09] Greencard Recieved!

I used RapidVisa for my petition; a paperwork service. A K1 is $375.00 to use their hassle-free online application system.
 
Useful Links:
Igor's List | Advanced Search Tool | Q&A With a Former USCIS Adjudicator
Visa Status Checker (Once you get a Case # from NVC) | Offical USCIS Reasons for a K1 Denial

 

The advice offered by this user is not legal advice. You should contact an attorney to obtain legal advice.




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