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Filed: K-1 Visa Country: Australia
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Hi , I am 47 and female, my husband well fiance is 26, we where married by proxy in Texas but since the uscis doesnt recognise that we had to file a K1 fiance. Everything has gone smoothly thus far, however I got a call from our attorney yesterday saying that our age difference is probably going to throw up a big red flag when he goes into his interview at the consulate there in Australia. We are scared to death to say the least. We havent seen each other sionce feb 2007, when he came over on a waver visa. But we speak everyday on the phone or over yahoo. Ive heard some horror stories and am panicing so is he, we want so badly to be together... Dont know what we will do if they dont give him his visa. They say you have to prove your relationship is bona fide.. how can you make a total stranger believe you? They say if its the woman who is older, its even more difficult and more likely they will not pass it.. Please someone tell me something, we have been praying and hoping for so long. HELP???

Not visiting for a year and a half won't help you show bona fides. Visits are the best evidence. What kind of evidence DO you have?

He has been here before, He came for 3 months Dec1st2006 thru feb 28th 2007, He wanted to come back for a visit, but the lawyer told us that since we started our paperwork he couldnt come here on a waiver while we were in this process. So the only contact we have had has been the telephone or yahoo.. which he has called every day without fail, and has all the calling cards to prove it. We were going to get married while he was here, but we were told that, it would not be a good idea, because they would think siomething was up, and he could even get banned from comming entirely, so he went back to Australia. In the mean time we thought well... we want to be married so.. we got married by proxy. Then found out that uscis did not recognise that, so the lawyer said we needed to file as fiance, and thats what we have done. Everything has gone smoothly as I said, however now he has his appointment set for the 16th of this month and I was told that the difference in our age was going to throw up a red flag, and we are panicing. We love each other sooo much, we complete each other and cant bear the thought that they would turn us down.

If you have not seen each other in person between the proxy marriage and the interview date, they you aren't married because the marriage hasn't been consumated. If you do see each other then USCIS could accept your marriage because it has been consumated. If you see each other again before he obtains his fiance visa, I don't think you want this proxy marriage to come to light.

Next time you do this, get your facts straight first. :star:

Yes we understand that the marriage has to be consumated for the uscis to recognise it, thats why we had to file a k1 fiances visa, in fact the united states does recognise our marriage, its the uscis that does not. Get your facts straight !

The united states does recognise it, matter of fact I have his name, drivers license, ssn has been changed, the whole nine yards. The minute he gets here and we consumate it, the uscis will recognise it and we will not have to remarry. My only issue was the age difference, we have not had a problem with any of the paper work what so ever, they know we were married by proxy, they have statements from his family as well as mine that we have been and are in a relationship, not to mention, my own father stepped in for me at the proxy ceremony. My issue and concerns are only a question about the age difference......

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Posted

I don't think you have anything to worry about with the age difference as long as you prove you have a bonafide relationship. There is an 18 year difference between my fiancee and myself.

ANDY & MARICAR

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Filed: Other Country: China
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Posted
Hi , I am 47 and female, my husband well fiance is 26, we where married by proxy in Texas but since the uscis doesnt recognise that we had to file a K1 fiance. Everything has gone smoothly thus far, however I got a call from our attorney yesterday saying that our age difference is probably going to throw up a big red flag when he goes into his interview at the consulate there in Australia. We are scared to death to say the least. We havent seen each other sionce feb 2007, when he came over on a waver visa. But we speak everyday on the phone or over yahoo. Ive heard some horror stories and am panicing so is he, we want so badly to be together... Dont know what we will do if they dont give him his visa. They say you have to prove your relationship is bona fide.. how can you make a total stranger believe you? They say if its the woman who is older, its even more difficult and more likely they will not pass it.. Please someone tell me something, we have been praying and hoping for so long. HELP???

Not visiting for a year and a half won't help you show bona fides. Visits are the best evidence. What kind of evidence DO you have?

He has been here before, He came for 3 months Dec1st2006 thru feb 28th 2007, He wanted to come back for a visit, but the lawyer told us that since we started our paperwork he couldnt come here on a waiver while we were in this process. So the only contact we have had has been the telephone or yahoo.. which he has called every day without fail, and has all the calling cards to prove it. We were going to get married while he was here, but we were told that, it would not be a good idea, because they would think siomething was up, and he could even get banned from comming entirely, so he went back to Australia. In the mean time we thought well... we want to be married so.. we got married by proxy. Then found out that uscis did not recognise that, so the lawyer said we needed to file as fiance, and thats what we have done. Everything has gone smoothly as I said, however now he has his appointment set for the 16th of this month and I was told that the difference in our age was going to throw up a red flag, and we are panicing. We love each other sooo much, we complete each other and cant bear the thought that they would turn us down.

If you have not seen each other in person between the proxy marriage and the interview date, they you aren't married because the marriage hasn't been consumated. If you do see each other then USCIS could accept your marriage because it has been consumated. If you see each other again before he obtains his fiance visa, I don't think you want this proxy marriage to come to light.

Next time you do this, get your facts straight first. :star:

Yes we understand that the marriage has to be consumated for the uscis to recognise it, thats why we had to file a k1 fiances visa, in fact the united states does recognise our marriage, its the uscis that does not. Get your facts straight !

The united states does recognise it, matter of fact I have his name, drivers license, ssn has been changed, the whole nine yards. The minute he gets here and we consumate it, the uscis will recognise it and we will not have to remarry. My only issue was the age difference, we have not had a problem with any of the paper work what so ever, they know we were married by proxy, they have statements from his family as well as mine that we have been and are in a relationship, not to mention, my own father stepped in for me at the proxy ceremony. My issue and concerns are only a question about the age difference......

I only mentioned the USCIS. The facts you failed to get straight were whether the proxy marriage would be recognized by the USCIS. Note the smiley. "Next time" was a joke. Get it? You planning a next time for a proxy marriage? :whistle:

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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Filed: Citizen (pnd) Country: Nepal
Timeline
Posted
My NZ Fiancee and I have an 18 year Age difference. She is 22 and I am 40. We NEVER think about it when we are together, it literally and truly isnt a factor in love. However, its the only reason I can think of that we may be denied the Fiancee Visa.

How can we best prevent this? Or will it not be a concern?

(Oh, and btw, this site is FANTASTIC)

Look at the Philippine Forum, there are some member there with 20 yrs more age diffference..

jamesfiretrucksg2.th.jpgthpix.gif
Filed: K-1 Visa Country: Philippines
Timeline
Posted

I also saw a post there recently where someone posted their interview experience and had seen some people get rejected after long interviews, and one of the reasons given was the age difference was too great... I assume the official reason wasn't that, and it might have even been the persons best guess and not what any officer told them, it's second hand knowledge, the actual age difference wasn't specified, I think it takes a pretty big age gap to be an issue there (or of course, possibly an older female). Can't know for sure until you get there.

 
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