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Chupkilo

USCIS and Age ,Help plz

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Hi everyone 

Iam 32 From Brazil separated since 2014 and will be divorcing by Nov this year . my Fiance 48 years old and we had visited 6 times and we got enough proofs for our relationship ( pictures , plane tickets etc )and my Fiance has enough income 

Is there any chance that USCIS will Deny my K1application because age diference or  maybe because i wasnt fully divorced when we met ( i was separated ) and i will just legally get divorced n a months ?

I will apreciate any advice and thanks in advance

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USCIS won't deny due to age (unless too young w/o consent). USCIS only checks the eligibility of the petitioner to petition the beneficiary. No relationship evidence is reviewed for the I-129F.

 

The embassy/consulate will consider all factors to determine if the relationship is bona fide or not. An age gap, if uncommon in the local culture, can raise scrutiny. It is NOT a reason for refusal in itself. Many people with 20-30+ year age gaps have been approved for a K-1 visa. Either the age gap wasn't uncommon, and/or they had enough relationship evidence to overcome a red flag if it was.

 

Focus on showing how you qualify for the visa, not why they may deny it. Six visits is good, and Brazil isn't "high fraud" for K-1s AFAIK.

Good luck.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Other Country: Philippines
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3 hours ago, Chupkilo said:

Hi everyone 

Iam 32 From Brazil separated since 2014 and will be divorcing by Nov this year . my Fiance 48 years old and we had visited 6 times and we got enough proofs for our relationship ( pictures , plane tickets etc )and my Fiance has enough income 

Is there any chance that USCIS will Deny my K1application because age diference or  maybe because i wasnt fully divorced when we met ( i was separated ) and i will just legally get divorced n a months ?

I will apreciate any advice and thanks in advance

Age difference isn't a factor for USCIS to approve or deny a petition.

 

Being free to marry at the time of filing is a factor (divorce completed), and having met in person within 2 years of filing are a factors.

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

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