Too many obstacles?

[HawaiianCecil 31]

I'm new to this site but from what I've seen so far, I'm impressed! I was naturalized through marriage in 2006 and I know all about the nightmare of immigrating so I swore I was never going through that again. Well, here I am, age 39, with a Jamaican boyfriend that's 24.....To boot, I've been married and divorced three times (all with good intent, never to a foreigner) - do we even stand a chance? I'd like to file for the K1 but am wary because of the age difference and my previous marriages. Would appreciate any feedback, thanks!

[charlie1 4]

well.age is just a number for me,but for the big brothers they well look at it different.

you're a Jamaican with a US Citizen and boyfriend is a Jamaican living in Jamaica?

well,how about get married to him and apply for K3 Visa? its more support for your case.

[Tim/Mav 305]

Ouch! 3 Previous Marridges. All failed no matter what the intent. Your 39, he's 26.

Proof of the dissolvement of the previous past is most importtant.

It will seem "Flacky" to USCIS. You must prove a Valid case/petition.

[angele 2]

Age alone shouldn't be a factor. There is a 15 year age difference between my fiance and I and our visa was approved.

[HawaiianCecil 31]

Ouch! 3 Previous Marridges. All failed no matter what the intent. Your 39, he's 26.

Proof of the dissolvement of the previous past is most importtant.

It will seem "Flacky" to USCIS. You must prove a Valid case/petition.

I have my divorce decrees so proving that will not be difficult. What is a "Valid case/petition"?

[NigeriaorBust 4,087]

Actually your biggest red flag is getting your USC through marriage, dumping the person and then bringing someone from back home ( this is how USCIS will see it)

[HawaiianCecil 31]

Actually your biggest red flag is getting your USC through marriage, dumping the person and then bringing someone from back home ( this is how USCIS will see it)

Doubt that, but thanks for your input. I am originally from Sweden and my boyfriend is Jamaican so the "back home" does not apply....Besides I immigrated many years ago...and I didn't "dump" anyone, I was the "dumpee" at the time

[NigeriaorBust 4,087]

That is good. Many high fraud countreis that is what happens, the foreigner trools for a USC to get them to the US, they land get a green card in hand and then sooner or later dump the USC and file to bring someone that has been waiting all this time here. It is VERY common in Nigeria. Those cases are a huge red flag, even for the ones where it wasn't a fraudulent thing. You need to find any other red flags and have them addresses. The classics are

Age difference, especially older USC woman with your man, doulbe it if the woman can't have children

Race difference

Religious difference

Educational difference

Language barriors

Passing of excessive money during the process especially to the USC

Short amount of time together in person

Not being introduced to family friends

[Gary and Alla 3,694]

I shall not try to estimate what a consulate officer will think of your previous relationships. We may as well argue the number of ghosts that can dance on the head of a pin. They are what they are. Your age is what it is. You aren't gonna be gettin' any younger. USCIS will not care as long as you are "free to marry" so no worries there. Jamaica seems to be a middlin' difficult consulate.

That said

1. Do not lie or misrepresent anything anytime to anyone

2. ANY red flag can be overcome by sufficient evidence of a "legitmate relationship which was not formed for an immigration benefit" Whether you do that or not is up to YOU and no one else. Go heavy on evidence.

3. Next, decide if you want to marry him. If yes, then do the deed as best you can. If not, then you had a good time and move along.

there really is nothing you can change, you can only "manage". "Fend" as they say. I'm not worried, you can do it.

[Darnell 8,478]

I think 'in the totality of the casefile' -

You've some issues, some red flags.

1. uscitizen attained through marriage

2. prior nationality

3. intent to marry a citizen from your prior country

4. multiple divorces.

5. Age difference (in essence, you are importing a boy toy)

However, all of these things can be addressed via letters of attestation, written by you, one per item above, with a pile of evidence on each item. Include all with the I-129F.

The theory here is that IF USCIS approves the petition based on what was submitted, then the Visa Officer at the IV Unit cannot deny you for the things submitted into USCIS. Expect more scrutiny with the IV Unit in Jamaica, regardless, even if you do include these letters of attestation covering your red flag issues, it's still on the VO to make the final decision, all based on the totality of the casefile.

Regardless, good luck to you !

[the above is my opinion, not to be taken as legal advice. Do take it with a grain of salt, and two shots of vodka per hour]

Edited May 6, 2012 by Darnell

[KayDeeCee 4,891]

3. intent to marry a citizen from your prior country

She has stated she is originally from Sweden and wanting to petition her fiance from Jamaica.

OP, I would ask in the regional forum for Jamaica how the age difference will affect you there, and what evidence you need to overcome it.

Edited May 6, 2012 by Jay-Kay

[Gary and Alla 3,694]

The theory here is that IF USCIS approves the petition based on what was submitted, then the Visa Officer at the IV Unit cannot deny you for the things submitted into USCIS. Expect more scrutiny with the IV Unit in Jamaica, regardless, even if you do include these letters of attestation covering your red flag issues, it's still on the VO to make the final decision, all based on the totality of the casefile.

Regardless, good luck to you !

[the above is my opinion, not to be taken as legal advice. Do take it with a grain of salt, and two shots of vodka per hour]

I am curious Darnell, as I have never heard the theory of "front loading" expressed in such a manner. How would it be a good argument NOT to deny a visa when the items you mention are not a matter critical to the petition?

The petition requires ONLY that the petitioner be a citizen, have met the beneficiary in person within 2 years and be free and willing to marry. Separate factors determine visa approval. The petition is just to establish that the basis to ASK for that type of visa exists. It is a request to make a request. I do not see how qualifying to ASK for a visa makes you automatically eligible to RECEIVE a visa. You cannot request a fiancee visa until it has been established there is a fiance(e).

Any case law or history of this?

I was under the impression that "front loading" was used to prevent a consulate from refusing to look at evidence and then denying for "lack of evidence". Maybe I am wrong.

At any rate, the OPs chance of receiving a visa if a petition is not submitted is exactly -0-.

If a petition is approved then the chances of a visa increase dramatically.

[Darnell 8,478]

I am curious Darnell, as I have never heard the theory of "front loading" expressed in such a manner.

That's a shame, really.

It was discovered over at candleforlove.com, circa 4.8 years ago. MOST GUZ filers do it, regardless of visa type (K-1, IR-1, CR-1)

It's O K that you've never heard of it. Truly. Peg it into the category of 'a new thing for Gary' , soonish. Seems to be gospel at GUZ IV, though, which is the important bit

[Darnell 8,478]

She has stated she is originally from Sweden and wanting to petition her fiance from Jamaica.

OP, I would ask in the regional forum for Jamaica how the age difference will affect you there, and what evidence you need to overcome it.

Yup, I totally mucked up on item #3. My bad

Only reduces the red flag count by one, though.

.[/i]

Any case law or history of this?

Actually yes. It'll take me a few days, even a week, to dig it up and quote it back here, though.

[Gary and Alla 3,694]

That's a shame, really.

It was discovered over at candleforlove.com, circa 4.8 years ago. MOST GUZ filers do it, regardless of visa type (K-1, IR-1, CR-1)

It's O K that you've never heard of it. Truly. Peg it into the category of 'a new thing for Gary' , soonish. Seems to be gospel at GUZ IV, though, which is the important bit

But is there any evidence that it serves a function? I mean people cook up theories that if the use tabs and dividers in their petitions that they will get processed sooner. Any case law to establish that an approval by USCIS negates the ability of a consulate to deny a visa for the factors presented to USCIS?

Yup, I totally mucked up on item #3. My bad

Only reduces the red flag count by one, though.

Actually yes. It'll take me a few days, even a week, to dig it up and quote it back here, though.

Thanks, that will be interesting.