Does age and previous marriage matter?

[Ariesown 0]

Hello. I and my fiancee would like to file a petition for the K1 visa. The issue bothering us is the fact that she's twice my age and been previously married to someone from my country. We would like to know our chances before we proceed. 

[Khallaf 649]

31 minutes ago, Ariesown said:

Hello. I and my fiancee would like to file a petition for the K1 visa. The issue bothering us is the fact that she's twice my age and been previously married to someone from my country. We would like to know our chances before we proceed. 

from my understanding your embassy is going to be a hard one, you have an automatic red flag the age difference. Are you the USC or is she?

 

it would be a hard road but not one that cant be overcome with a lot of evidence.

 

if she is the USC has she petitioned for anyone else before?

[JFH 12,189]

You won’t be denied based on age difference alone. The CO will look at all the facts of your case before making a decision. 

 

How much time have you spent together in person? Did you get engaged on the first visit? How long ago was her previous marriage? Also, how do you feel about never being able to have children with her? I’m guessing she must be at least 40...

Edited April 24, 2019 by JFH

[Ariesown 0]

2 hours ago, Khallaf said:

from my understanding your embassy is going to be a hard one, you have an automatic red flag the age difference. Are you the USC or is she?

 

it would be a hard road but not one that cant be overcome with a lot of evidence.

 

if she is the USC has she petitioned for anyone else before?

Thanks for your response. Yes she's the USC. And no she hasn't done the K1 before. She did the spousal visa for her ex after they had gotten married here

[Ariesown 0]

1 hour ago, JFH said:

You won’t be denied based on age difference alone. The CO will look at all the facts of your case before making a decision. 

 

How much time have you spent together in person? Did you get engaged on the first visit? How long ago was her previous marriage? Also, how do you feel about never being able to have children with her? I’m guessing she must be at least 40...

We spent 3 weeks together. Yes we got engaged during the first visit. Her previous marriage lasted 8 years. Not being able to have children is not a problem so long as we have each other. Yes she's above 40

Edited April 24, 2019 by Ariesown
Additional information

[JFH 12,189]

How long have you been communicating? Have you only had the one visit? 

[Ariesown 0]

15 minutes ago, JFH said:

How long have you been communicating? Have you only had the one visit? 

Last April. She visited this January and left in February after spending 3 weeks

[Khallaf 649]

1 hour ago, Ariesown said:

Thanks for your response. Yes she's the USC. And no she hasn't done the K1 before. She did the spousal visa for her ex after they had gotten married here

if she is twice your age, your going to need a lot more visit and a lot more evidence, how long ago was the spouse visa?

 

you have a tough embassy and if the age difference is not within the cultural norm, your going to have a battle on your hands.

 

IMO I would recommend more visits, more pictures, more time spent together.

 

does your family accept the difference in age?

[carmel34 3,531]

Many others in your situation, with a similar age difference, get married and file for a CR-1, with lots of evidence of time spent together, many visits to see each other in person, co-mingling of finances, etc. in order to be successful.  So be prepared for that if the K-1 is not approved.  Or be ready to live together in Nigeria and not in the US if necessary to be together.

[Ariesown 0]

8 hours ago, Khallaf said:

if she is twice your age, your going to need a lot more visit and a lot more evidence, how long ago was the spouse visa?

 

you have a tough embassy and if the age difference is not within the cultural norm, your going to have a battle on your hands.

 

IMO I would recommend more visits, more pictures, more time spent together.

 

does your family accept the difference in age?

Alright. Thank you for taking the time to respond. I'll deliberate with my lady. 

[Ariesown 0]

7 hours ago, carmel34 said:

Many others in your situation, with a similar age difference, get married and file for a CR-1, with lots of evidence of time spent together, many visits to see each other in person, co-mingling of finances, etc. in order to be successful.  So be prepared for that if the K-1 is not approved.  Or be ready to live together in Nigeria and not in the US if necessary to be together.

Okay. We'll give the K1 a shot and hope for the best 

[Ash.1101 1,755]

Yeah, age difference, only 3 weeks together in person, prior spouse from same country, AND the country is Nigeria... spells a denial for K-1 almost without a doubt, BUT crazier things have happened.

Also note that when @Khallaf asked about if your family accepts the difference in age, that you will need to expect questions like this from the consulate. 


If you want the K-1 to have a chance, she or you will need to find a way to visit more. 

Depending on the consulate anything can matter. Age difference, religion difference, prior marriages, prior sponsoring of immigrants, time dated, time seen each other in person, anything.

Edited April 24, 2019 by Ash.1101

[Cathi 5,614]

13 hours ago, Khallaf said:

from my understanding your embassy is going to be a hard one, you have an automatic red flag the age difference. Are you the USC or is she?

 

it would be a hard road but not one that cant be overcome with a lot of evidence.

 

if she is the USC has she petitioned for anyone else before?

Someone cannot be denied based on age alone, that's discrimination.

[Cathi 5,614]

Nigeria is one of the toughest countries to go through, be prepared for A LOT of scrutiny.

 

I am 21 years older than my husband, we are different religions, I am divorced with two children and we married on my first visit. He is now a citizen and the entire process from start to finish was uneventful for us, not even so much as an RFE at any point.

 

But leading up to his interview I visited an additional 4 times for a total of almost 5 months together over 7 months time. He is also from a low fraud country, we applied for the CR-1 and I attended the interview with him.

[payxibka 10,044]

4 minutes ago, Cathi said:

Someone cannot be denied based on age alone, that's discrimination.

And any denial will never stipulate age difference but a lack of a "bonafide " relationship because it is definitionaly ambiguous and subjective