Big age difference

[shonababy08 1]

I knew some older men with over 25+ age difference with their girlfriend were able to get K-1 visa approved. But how about if its the other way around?

Will that be a reason for denial?

[dwheels76 5,463]

That seems to be the million dollar question. I am sure you will get alot of response on this it has been much discussed on the Nigeria thread. I tell you for me I will let you know after the interview. I am the woman USC and 21 years older than my Nigerian husband.

I know it has to do with country, what is the norm. But anything can be overcome. Your evidence your time together and relationship of wife to family are Big pluses. But as far as India and the embassy and your CO's I will leave that to those who know to help you answer. Does seem unfair though don't you think?

[shonababy08 1]

Thank you for the information. My boyfriend/fiance went for interview last march 5 and requested him to submit more dicuments and proof ofthe relationship and we have alot to show and today he got a denial letter that says "the petitioner and benificiary dint have a valid relationship to qualify for the relationship under section 212a(p)(5) and I can not any information of whatthis section is all about. If you or anyone out there that can help me please

[dwheels76 5,463]

Thank you for the information. My boyfriend/fiance went for interview last march 5 and requested him to submit more dicuments and proof ofthe relationship and we have alot to show and today he got a denial letter that says "the petitioner and benificiary dint have a valid relationship to qualify for the relationship under section 212a(p)(5) and I can not any information of whatthis section is all about. If you or anyone out there that can help me please

When he was told this information did he go back and present it? Or did this denial letter come first? What I am reading is that you wee given a chance to prove your relationship but didn't provide. Can you explain more? Not sure if you can request a second interview or if you are there in India you request an interview to speak to CO. But here we are already in April your paperwork may already be back at USCIS here in the States. Have you called your state reps or congress people for help?

I think you should request for this topic to be moved to your countries forum to get specific guidance from those who know your embassy best.

[TimeTravel 78]

Thank you for the information. My boyfriend/fiance went for interview last march 5 and requested him to submit more dicuments and proof ofthe relationship and we have alot to show and today he got a denial letter that says "the petitioner and benificiary dint have a valid relationship to qualify for the relationship under section 212a(p)(5) and I can not any information of whatthis section is all about. If you or anyone out there that can help me please

Age different can't be reason for ultimate denial. There are many factors that depend to get approval for the visa. People are even denied even they had no age different.

If you wish to overcome the situation, then you need to make your case stronger, like stay together for good amount of time.

[islandgal 74]

How long have you known your fiancé? How often did you see him? Do you share the same cultural background? What other reasons or doubt could they have gotten to make a denial determination? I agree with iwaiting...age cannot be the only reason.

[Ban Hammer 12,867]

as this may be a country specific question, i'll move it to the india regional.

[shonababy08 1]

When he was told this information did he go back and present it? Or did this denial letter come first? What I am reading is that you wee given a chance to prove your relationship but didn't provide. Can you explain more? Not sure if you can request a second interview or if you are there in India you request an interview to speak to CO. But here we are already in April your paperwork may already be back at USCIS here in the States. Have you called your state reps or congress people for help?

I think you should request for this topic to be moved to your countries forum to get specific guidance from those who know your embassy best.

[shonababy08 1]

Thank you so much for your advice dwheels76. I traveled each year for 3 years and we spent 1 month and a half each time together. Over a hundred pictures together. I sent him vonage phone in India on 2008 because its easier and cheaper than call cards. We have chats, joint bank account, reciepts, alot of proofs. Maybe our proof was more than what they ask for? Like we are married or maybe because my divorce was finalized on January 2011 and petitioned him on june of the same year?

[dwheels76 5,463]

Thank you so much for your advice dwheels76. I traveled each year for 3 years and we spent 1 month and a half each time together. Over a hundred pictures together. I sent him vonage phone in India on 2008 because its easier and cheaper than call cards. We have chats, joint bank account, reciepts, alot of proofs. Maybe our proof was more than what they ask for? Like we are married or maybe because my divorce was finalized on January 2011 and petitioned him on june of the same year?

Well I know its a country to country thing but divorce and quick engagement or marriage is a big red flag. And yes it seems alot of what you all are doing seems more like a marriage than K1 engage couple. Like leases and joint accounts. They might look at that unfavorable. I am sure more K1ers can put more light on this and help you. But I do know now you need to be contacting your state reps, congress person and have them look into this. They usually can get the true low down on whats up. And yes you may have to do the next step and get married and refile CR1/IR1.

I am sorry I am 21 years older than my husband and so you know people like you have a special place in my heart. Don't give up. Now is the time to start making inquiries and getting your ducks in a row and getting your baby home.

[catknit 144]

Wild guess - your fiance posted the 601/212 forum?????

There are a few things that pop right out:

#1 Greater than 25 years difference - you're probably on the edge with respect to childbearing age? This will be seen as a red flag. Kids are a big deal in Indian culture - the COs know this.

#2 Recently divorced. As in VERY recently divorced. This is also considered a red flag. The CO may be curious as to why you were in a committed relationship since 2008 and only just divorced. There can sometimes be very legitimate reasons, specific divorce laws [some states have/had a 12 month separation rule, etc] or things were tangled up in court for years because of custody disputes/interesting financial situations - but as it's written in your post, it seems sketchy.

#3 Joint bank account. Even though this is great proof once married that you are comingling finances, at the "engaged" part of a relationship, this can be seen as a little suspicious. Monetary gifts may make sense to some, but to be already comingling finances would raise some eyebrows.

Go check out your fiance's post in the other forum...there is some good info there. Also, check out the interracial relationship topic in this forum.

[shonababy08 1]

Wild guess - your fiance posted the 601/212 forum?????

There are a few things that pop right out:

#1 Greater than 25 years difference - you're probably on the edge with respect to childbearing age? This will be seen as a red flag. Kids are a big deal in Indian culture - the COs know this.

#2 Recently divorced. As in VERY recently divorced. This is also considered a red flag. The CO may be curious as to why you were in a committed relationship since 2008 and only just divorced. There can sometimes be very legitimate reasons, specific divorce laws [some states have/had a 12 month separation rule, etc] or things were tangled up in court for years because of custody disputes/interesting financial situations - but as it's written in your post, it seems sketchy.

#3 Joint bank account. Even though this is great proof once married that you are comingling finances, at the "engaged" part of a relationship, this can be seen as a little suspicious. Monetary gifts may make sense to some, but to be already comingling finances would raise some eyebrows.

Go check out your fiance's post in the other forum...there is some good info there. Also, check out the interracial relationship topic in this forum.

[shonababy08 1]

Thank you for those information, So, now either I have to correct those red flags or marry my fiance in his country and apply CR-130.

I wonder what next issues will come out and I wonder how long will it take? If I maintain the application of K1, should I hire an immigration

lawyer to help me? How can a Congressman help me? Please help..... I am so lost right now and I am so sad that we have to go through all

these just to be with someone you really love. Thank you so much

[catknit 144]

First off - I know how much this whole thing sucks. We've been there, we survived, we're now happily settled in the US.

Certain things can't be "fixed" per say. Obviously you can't change your age. But, you can look at all the information about your case and see how you can strengthen your case...

As to whether or not using an attorney at this point makes sense - in your case, most likely not. The CO wasn't convinced that your relationship was bonafied, an attorney won't be able to fix that.

You can get in touch with the immigration liaisons for both your Congressperson and US Senator. These people will only be able to confirm that your case was sent back to USCIS. In some extraordinarily rare cases, files are kept at the embassy and a second interview is scheduled at the request of these liaisons. I can think of only 2 cases in all the years I've been on vj that succeeded in getting a second interview after a denial. But, no harm in trying...

When you case returns to USCIS chances are it will be expired out - no further action will be taken on that case. You may get letter stating just that [or you may not - VSC doesn't seem to do that]. Your options going forward would be to file a new K1 or get married and file for the CR1 [i-130]. Delhi seems to give K1 mixed race couples a harder time than CR1 applicants. My recommendation would be to marry and file the I-130 over the K1 route.

Total side note - getting married in India is a whole nother mess. You'd probably marry under the special marriage act which has a 30 day posting period. Some regional areas require both parties to register 30 days ahead of time, some regional areas allow the Indian fiance to do this on there own. This means either a long trip to India in some cases!

I personally think one of the hardest parts to this whole process is separating yourself from all the warm and fuzzy feelings you see in your relationship and look at it like a legal case. Your goal is to prove to a 3rd party suspicious government employee that this is a real and true relationship. When you have "red flags" you've just upped the ante on that legal burden.

You'll most likely want to front load your next petition [do a search here on vj for information]. This will help the second petition immensely.

And, again, my #1, numero uno tip for Delhi K1 interviews [or any case that has a messy history - which yours now does]: the USC needs to be at that interview. Be there come hell or high water. It speaks volumes to the CO and chances are you will be interviewed at the same time. Any questions can then be clarified at that time. Interactions between you and your fiance can be seen. Tricky questions about your past can be explored - like if your divorce was a mess due to custody fights...your right there to explain it.

Read the R&S's topic in this forum about inter-racial relationships, it will help you see some of the past/present issues some couples have at the Indian consulates.

If you have any additional questions - just ask! We're here to help!

[Boiler 43,639]

One option has not been mentioned.