Jump to content

11 posts in this topic

Recommended Posts

Filed: Timeline
Posted

Hi, my situation's a little weird so bear with me...

I am a Canadian citizen, on an F1 student visa who just got married last night in Vegas. Here's where things get tricky: We have an age gap... a huge one. He is divorced and older than me by let's just say well over 30 years. He is originally from Britain, but holds US citizenship. We've been together over a year and have (I believe) sufficient proof of a relationship through emails, photos, trips etc. The catch is that he is extremely wealthy, and we intend to have pre-nup papers drawn up by a lawyer for his grown children's peace of mind (aka so they'll know I'm not about to run off with money that is rightfully theirs). That said, I don't know how things will work with accounts not necessarily being in both of our names?? On the bright side, since he is my sponsor, he more than financially qualifies.

I feel that with such a major age difference, things don't look good. At the very least, I look like a major gold digger (despite opting for a pre-nup). I feel our ages will obviously be a "red flag", but one we can overcome considering the fact that our relationship is real. Can they deny me based on the age gap in our marriage? I know of a woman who got married while on a visitor visa from Canada, and adjusted her status seamlessly... although her age in relation to her husband was only 7 years. ANY info or advice would be welcomed. As I write this, husband is contacting his legal team to see about filing the proper paperwork asap... I guess I'm anxious as I'm sure this is not a common scenario immigration deals with on a daily basis, and am unsure what the grounds for denial are in regards to age differences.

Posted

Naw, If you know your relationship is real, then there's nothing to worry about. Immigration don't care about how wealthy he is or if you are a gold digger. Age is just a number, who cares about that? Just prove to them that your marriage is real and you should be good to go.

Goodluck...:-)

AOS from F-1(Married to USC
06.08.12 - AOS mailed
09.18.12 - Interview.....Approved!!

ROC- Divorce Waiver
05/09/14- I-751 packet mailed to CSC
05/12/14- NOA1 Receipt date
07/01/14- Biometrics Appt

08/11/14- RFE received

09/08/14- RFE response received by USCIS

09/22/14- 10yrs GC Approved!!

Posted (edited)

IThat said, I don't know how things will work with accounts not necessarily being in both of our names??

This will be somewhat of an obstacle since they expect to see the co-mingling of lives; however it doesn't necessarily need to be checking/savings accounts, items such as naming each other as beneficiaries on life insurance, car insurance, mortgages, utilities, gym memberships etc etc.

Can they deny me based on the age gap in our marriage? ... I guess I'm anxious as I'm sure this is not a common scenario immigration deals with on a daily basis, and am unsure what the grounds for denial are in regards to age differences.

It is probably more common than you and your husband are led to believe age gap marriages occur all the time. Secondly, age gaps are not a reason to base a denial off of, the USCIS has no jurisdiction to dictate the appropriate age of two people to spend their lives together.

As I write this, husband is contacting his legal team to see about filing the proper paperwork asap...

I would be wary about using attorneys who are not well versed in U.S. Immigration Law since they tend to interpret the law in what they believe it *should* be and not what it actually is. It also should be noted that attorney's are not really necessary to file the paperwork, but if you do decide, then AILA approved attorneys are the experts in immigration matters and they should be your first port of call.

Edited by ChrisPG

Background Information

-Dec 2006: Arrived with an F1 visa

-Dec 2007: Met USC.

-Dec 2009: Got Engaged.

-Jan 2010: Fell out of Status.

-Oct 2010: Married USC.

-Feb 2012: Filed I-130/AOS

I-130/AOS Timeline

Day 0: 02/25/12: Mailed concurrent I-130/AOS Package to the Chicago Lockbox

Day 2: 02/27/12: Package arrived at the Chicago Lockbox.

Day 5: 03/01/12: Email acceptance confirmation received for Forms: I-130, I-485 & I-765.

Day 13: 03/09/12: NOA1s received for Forms: I-130, I-485 & I-765. Biometrics letter also received and scheduled for March 27th.

Day 24: 03/20/12: Email notification for RFE.

Day 27: 03/23/12: Hardcopy RFE received in the mail.

Day 31: 03/27/12: Biometrics completed.

Day 40: 04/05/12: Mailed off the RFE.

Day 44: 04/09/12: RFE Delivered.

Day 46: 04/11/12: USCIS received RFE and case updated online.

Day 55: 04/20/12: EAD approved!

Day 60: 04/25/12: Received 2nd "EAD in Production" Email.

Day 61: 04/26/12: EAD Mailed.

Day 63: 04/28/12: EAD in hand!

Day 74: 05/09/12: Interview date scheduled for June 12th.

Day 75: 05/10/12: Interview letter in hand.

Day 108: 06/12/12: Interview.

Day 110: 06/14/12: Received I-485 & I-130 approval emails.

Day 114: 06/18/12: Received I-130 & I-485 Approval hardcopies.

Day 115: 06/19/12: Received GC in production email.

Day 116: 06/20/12: Received "GC mailed" & "USPS picked up your GC" emails.

Day 118: 06/22/12: GC arrived in the mail

March 16th 2014: Eligible to file ROC.

March 16th 2015: Eligible to file for naturalization.

Posted (edited)

You can't be denied for an age gap. You can be denied for a marriage that is not bona fide. Your job is to prove your marriage is real and not entered into for the purpose of evading US immigration law. That's it.

A very large age gap might indicate the relationship is not bona fide, but you just have to counteract that with proof that it is.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: Citizen (apr) Country: Australia
Timeline
Posted

Well first it's a post-nuptial agreement, not a pre-nuptial agreement, because the former is done AFTER marriage and the latter done before.

As was stated, the lack of co-mingling of lives would be your main concern. You didn't reveal your age or his but a gap of 30+ years sounds worse between an 18 y/o and a 48 y/o as opposed to a 30 y/o and 60 y/o.. but I doubt your age difference will be a big concern if your relationship proof is sufficient.

Filed: AOS (apr) Country: Canada
Timeline
Posted (edited)

If immigration thinks logically, your husband had no reason to marry you except love. Or hot sex. In any case, he didn't do it so you would pay him. If you were the rich one and he was some dude desperate for money, I'd be more concerned. Besides, even with a pre-nup, there's no reason you can't have one joint account, right? Rich people often have several accounts. I'm sure he can add you to one or two. And you'll live together, so you should be able to prove that, eventually.

And congratulations on your marriage. :thumbs:

Edited by DandT14

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

Filed: Timeline
Posted
If immigration thinks logically, your husband had no reason to marry you except love. Or hot sex. In any case, he didn't do it so you would pay him. If you were the rich one and he was some dude desperate for money, I'd be more concerned. Besides, even with a pre-nup, there's no reason you can't have one joint account, right? Rich people often have several accounts. I'm sure he can add you to one or two. And you'll live together, so you should be able to prove that, eventually.

And congratulations on your marriage

Thank you!! :) I guess I worry because unfortunately, there's sketchy people out there who prey on older folks for money/visas/etc and I'm sure an age gap like ours is a huge red flag. I read about a couple rejections this afternoon (younger girls and older men) on google, but they all seemed to be from 3rd world countries or 'mail order bride' type arrangements. I guess coming from Canada doesn't look as bad, but still! There's a huge generational difference that most folks can't wrap their minds around. I don't like feeling threatened by putting our relationship in the hands of people who don't even know us, and will likely judge very harshly. I guess if worst comes to worst, we'll head to Europe, but it would be unfortunate to have to uproot everything he has going on here...

Well first it's a post-nuptial agreement, not a pre-nuptial agreement, because the former is done AFTER marriage and the latter done before.

As was stated, the lack of co-mingling of lives would be your main concern. You didn't reveal your age or his but a gap of 30+ years sounds worse between an 18 y/o and a 48 y/o as opposed to a 30 y/o and 60 y/o.. but I doubt your age difference will be a big concern if your relationship proof is sufficient.

I just said pre-nup because some folks aren't familiar with the term post-nup... but yes you're right, close enough! haha. I will say that I am in my early 20's, and he is in his late 60's. We're entirely aware of how weird/creepy/suspicious that seems to some people. I guess we're just afraid of some closed minded moron handling the paper work, and judging right off the bat. It's unfortunate that people think that way, but at the same time I understand how bad it looks from outside our happy little bubble... a few years ago I might've thought the same thing! We're working on getting my name onto accounts/car insurance this week...

Thanks to everyone who replied... as far as paperwork, his lawyer is directing him to someone who specializes in immigration law and can get everything done properly. He was told it may be easier since we are already married and I am already in the country adjusting status and not applying for a fiance visa from elsewhere. It just makes me mad that we'll probably have to jump through hoops because of dishonest people who ruin the process for everyone else. Thanks so much for the advice and for not judging, God bless!

Posted

Well, if it makes you feel better, I am married to a guy who is 30+ years older than me, and who is not RICH! :) I am about to send my application, too. The USCIS's jos is preventing "green card fraud", that means you married somebody only for getting a green card. They are not moral judges, and can not turn you down even if you HAD married him for money.

Filed: AOS (apr) Country: Serbia
Timeline
Posted (edited)

This will be somewhat of an obstacle since they expect to see the co-mingling of lives; however it doesn't necessarily need to be checking/savings accounts, items such as naming each other as beneficiaries on life insurance, car insurance, mortgages, utilities, gym memberships etc etc.

It is probably more common than you and your husband are led to believe age gap marriages occur all the time. Secondly, age gaps are not a reason to base a denial off of, the USCIS has no jurisdiction to dictate the appropriate age of two people to spend their lives together.

I would be wary about using attorneys who are not well versed in U.S. Immigration Law since they tend to interpret the law in what they believe it *should* be and not what it actually is. It also should be noted that attorney's are not really necessary to file the paperwork, but if you do decide, then AILA approved attorneys are the experts in immigration matters and they should be your first port of call.

Edited by bt1
Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

i think you should be fine. go ahead and apply.

"Family time is very precious and you should cherish every moment of it."

01/20/12 - I-130 sent to Chicago Lockbox.

01/26/12 - NOA1 received and processing at Vermont.

06/28/12 - NOA2 announced on status check.

06/29/12 - NVC received case learned on 07/2/12.

06/30/12 - Hard copy NOA2 received.

07/09/12 - NVC Casefile Number and IIN Issued.

07/16/12 - Receive and Sent DS-3032 via email.

07/17/12 - Mailed DS-3032 via mail, AOS bill received via email, paid online, Optin email sent.

07/18/12 - Optin accepted and new case number, AOS marked paid, emailed AOS packet.

07/24/12 - Assigned as Agent, IV Fee bill received via email, paid online.

07/25/12 - IV Fee marked paid, emailed IV packet.

07/31/12 - Emailed GZO Supplemental Packet 3.

08/02/12 - Case completed and commenced final review.

08/03/12 - Shipped all copies of forms/letters/documents to my wife - arriving on 8/9/12.

08/06/12 - Case completed final review.

08/09/12 - Appointment letter received via email interview date set 9/6/12.

08/14/12 - Medical exam done.

08/15/12 - Medical exam results all normal.

09/06/12 - Submitted required documents at the embassy and interview set next day at 0730.

09/07/12 - Visa approved, click here for review http://www.visajourney.com/reviews/view-dos-cis-reviews.php?entry=10401 .

09/14/12 - Visa received on hand!

10/07/12 - Arrived at NYC! click here for review http://www.visajourney.com/reviews/view-poe-reviews.php?entry=15293

10/20/12 - Received welcome letter from USCIS.

10/25/12 - Green Card received!

"Nothing is more difficult than the art of maneuvering for advantageous positions." - Sun-Tzu

04/27/13 - Submitted DS-160 online for parent-in-laws and sister-in-law.

05/01/13 - Paid DS-160 or MRV Fee Payments on CGI Stanley.

05/03/13 - Made appointment for 05/16/13 on CGI Stanley.

05/16/13 - Arrived at GUZ and impromptu notice on the front it was closed.

05/30/13 - B2 visa interview passed! Read review here http://www.visajourney.com/forums/topic/433263-b2-visa-was-approved-for-parentinlaw/ <p>

"Good ideas are not adopted automatically. They must be driven into practice with courageous patience." - ADM Hyman G. Rickover

08/08/14 - Mailed I-175 application.

08/11/14 - I-175 arrived at VSC.

08/18/14 - Received NOA1 with date 08/12/14.

08/27/14 - Received biometrics appointment for 09/09/14.

02/27/15 - GC in production from email notification.

03/02/15 - Received NOA2 with approval dated 02/25/15.

Posted

Thanks to everyone who replied... as far as paperwork, his lawyer is directing him to someone who specializes in immigration law and can get everything done properly. He was told it may be easier since we are already married and I am already in the country adjusting status and not applying for a fiance visa from elsewhere. It just makes me mad that we'll probably have to jump through hoops because of dishonest people who ruin the process for everyone else. Thanks so much for the advice and for not judging, God bless!

-Adjusting status within the US is really no more difficult than obtaining a K1 or CR-1 visa-- you still need about the same kind of evidence, there is no way around it.

-You will jump through no more hoops than the rest of the people on this forum, the process and requirements are the same for everyone.

Background Information

-Dec 2006: Arrived with an F1 visa

-Dec 2007: Met USC.

-Dec 2009: Got Engaged.

-Jan 2010: Fell out of Status.

-Oct 2010: Married USC.

-Feb 2012: Filed I-130/AOS

I-130/AOS Timeline

Day 0: 02/25/12: Mailed concurrent I-130/AOS Package to the Chicago Lockbox

Day 2: 02/27/12: Package arrived at the Chicago Lockbox.

Day 5: 03/01/12: Email acceptance confirmation received for Forms: I-130, I-485 & I-765.

Day 13: 03/09/12: NOA1s received for Forms: I-130, I-485 & I-765. Biometrics letter also received and scheduled for March 27th.

Day 24: 03/20/12: Email notification for RFE.

Day 27: 03/23/12: Hardcopy RFE received in the mail.

Day 31: 03/27/12: Biometrics completed.

Day 40: 04/05/12: Mailed off the RFE.

Day 44: 04/09/12: RFE Delivered.

Day 46: 04/11/12: USCIS received RFE and case updated online.

Day 55: 04/20/12: EAD approved!

Day 60: 04/25/12: Received 2nd "EAD in Production" Email.

Day 61: 04/26/12: EAD Mailed.

Day 63: 04/28/12: EAD in hand!

Day 74: 05/09/12: Interview date scheduled for June 12th.

Day 75: 05/10/12: Interview letter in hand.

Day 108: 06/12/12: Interview.

Day 110: 06/14/12: Received I-485 & I-130 approval emails.

Day 114: 06/18/12: Received I-130 & I-485 Approval hardcopies.

Day 115: 06/19/12: Received GC in production email.

Day 116: 06/20/12: Received "GC mailed" & "USPS picked up your GC" emails.

Day 118: 06/22/12: GC arrived in the mail

March 16th 2014: Eligible to file ROC.

March 16th 2015: Eligible to file for naturalization.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...