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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:

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

12/1/17: sent

12/14/17: 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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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"

 

      HandArrow.gif.adeb854ba620933849ae921ca0b44a0c.gif  Link to the Visa Process for Manila Embassy  : Click Here

 

Contact Hank: HERE

K-1 visa approved 21 March 2012

...Citizenship... complete!

 

 

 

 

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