30 year age difference

[Steve01 0]

My fiance and i have prepared the k- 1 package ,with plenty of evidence of several visits ,i feel we have solid evidence of a real relationship,.my  question is ,will the age difference play a part in a decision.

[milimelo 4,194]

Who is USC and who is beneficiary? who is older? 
which country is the beneficiary from? 
 

[Okboy 43]

1 hour ago, Steve01 said:

My fiance and i have prepared the k- 1 package ,with plenty of evidence of several visits ,i feel we have solid evidence of a real relationship,.my  question is ,will the age difference play a part in a decision.

What country is the beneficiary from? 

[carmel34 3,530]

A big age gap shouldn't be an issue but it can be in a high-fraud country.  We see many cases here on VJ where the K-1 is frequently denied when the beneficiary is from a high-fraud country.  When the K-1 is denied, the best path forward is for the couple to get married, spend lots of time together in person, multiple visits if possible, and then try for a CR-1 by front-loading the petition with evidence of time spent together and some financial co-mingling.  It's country specific, so more information would help answer your question.  Even then, because you have already filed, no one can predict how likely it is that you will be approved without knowing what evidence you submitted, your relationship history, and most importantly, the beneficiary's country.  At this point, all you can do is wait for the petition to be adjudicated and hope for the best.  Good luck!

[Rocio0010 5,562]

4 hours ago, Steve01 said:

My fiance and i have prepared the k- 1 package ,with plenty of evidence of several visits ,i feel we have solid evidence of a real relationship,.my  question is ,will the age difference play a part in a decision.

Please fill your timeline to get better advice. 

[JeanneAdil 6,193]

others have asked What country?

this is a big issue if the USC is a woman and is 30 years older than the man

if the country is high fraud a K1 for the above situation is often denied and the couple need to marry,  spend quality time together after the marriage and apply spouse visa 

AND the CO can still deny a spouse visa 

 

How do i know ?

we went thru this 

K1 in 2009

CR1 in2010

another CR1 in 2011 after winning an appeal

 

State the country and we'll help as best anyone can here

 

other red flag issues:

woman is not of child bearing age and the foreign family expects children from a marriage per their culture

USC sends money to intending immigrant

photos that are sent do not show foreign family to indicate they approve of USC

religious difference 

chats early in meeting online show foreigner quit to say "i love u"/   "Will u marry me?" /  Can u come here to visit me?"

and u need to check and read the following posts to know what u are up against (for many countries considered high fraud)

 

https://www.nolo.com/legal-encyclopedia/red-flags-that-make-uscis-suspect-marriage-fraud.html

 

Following is short list of high fraud countries 

 

https://www.lawfirm4immigrants.com/fiance-visa-fraud-avoiding-false-accusations/

[Pinkrlion 2,607]

The only issue you will have is you are a woman 30 years older.  If you are a man - no problems.

 

[JeanneAdil 6,193]

The new guidance by USCIS appears to indicate that marriages with a 10-year age difference will be subject to greater scrutiny.

 

that statement from the following immigration law office 

 

https://www.lawofficehouston.com/will-the-age-difference-between-my-husband-and-i-impact-my-immigration-case/

[Coco8 1,039]

I would suggest marrying rather than doing the fiance visa, particularly if you are from a high-fraud country or if there are big cultural differences. Fiance visa is taking as long as the marriage visa, and marriage visa has a lot more advantages.

[Mike E 11,723]

1 hour ago, JeanneAdil said:

The new guidance by USCIS appears to indicate that marriages with a 10-year age difference will be subject to greater scrutiny.

 

that statement from the following immigration law office 

 

https://www.lawofficehouston.com/will-the-age-difference-between-my-husband-and-i-impact-my-immigration-case/

That lawyer is fear mongering.  Reading that link it says: 

 

Additionally, petitioners or beneficiaries of a spousal petition aged 16 or 17 will additionally be flagged for an initial interview if there is a 10-year or more age difference between the spouses.

 

So first it is illegal for a U.S. citizen to travel to a foreign country to have sex with anyone who is under age 18.  Second if the beneficiary is age 18, then per that web site, a ten year age gap is not flagged per that policy.  
 

But it just worth reading the actual policy, https://www.uscis.gov/sites/default/files/document/policy-alerts/20190412-Marriage_Involving_Minors.pdf

 

Effective immediately, officers will refer the following Form I-130 spousal petitions for interview as part of the adjudication of the Form I-130 petition:
1. Any Form I-130 spousal petition where the petitioner or the beneficiary is less than 16years old; and
2. Any Form I-130 spousal petition where the petitioner or the beneficiary is at least 16 or 17 years of age and there are 10 years or more difference between the ages of the spouses.
 
It is pretty clear this policy is about anti child trafficking and not age differences, as reprehensibly weak some of us might find this policy. 

 

[JeanneAdil 6,193]

5 minutes ago, Mike E said:

That lawyer is fear mongering.  Reading that link it says: 

 

Additionally, petitioners or beneficiaries of a spousal petition aged 16 or 17 will additionally be flagged for an initial interview if there is a 10-year or more age difference between the spouses.

 

So first it is illegal for a U.S. citizen to travel to a foreign country to have sex with anyone who is under age 18.  Second if the beneficiary is age 18, then per that web site, a ten year age gap is not flagged per that policy.  
 

But it just worth reading the actual policy, https://www.uscis.gov/sites/default/files/document/policy-alerts/20190412-Marriage_Involving_Minors.pdf

 

Effective immediately, officers will refer the following Form I-130 spousal petitions for interview as part of the adjudication of the Form I-130 petition:
1. Any Form I-130 spousal petition where the petitioner or the beneficiary is less than 16years old; and
2. Any Form I-130 spousal petition where the petitioner or the beneficiary is at least 16 or 17 years of age and there are 10 years or more difference between the ages of the spouses.
 
It is pretty clear this policy is about anti child trafficking and not age differences, as reprehensibly weak some of us might find this policy. 

 

the article does suggest that but in the end refers to all age difference of 10 years or more

[JeanneAdil 6,193]

17 minutes ago, Jorgedig said:

Seriously, I'd place money on it.

not going to bet against that one

 but could be any African country and some Asian countries 

 

and the fact that u mention 30 year age difference and ask,  makes us know you have doubts yourself

 

meanwhile ,   again,    OP  tell us the country 

read my timeline 

understand what u are up against in this quest

 

and know that even the low fraud countries that go thru this process come to realize it is not fast,  easy or cheap

 

and you and your fiancee face a denial for the big age difference for K1

The CO can elongate the process by giving out a 221 g and not saying approved or denied and then months later the USC is informed the petition is denied with NO explanation 

 

U better prepare yourself with all possibilities and have plans A,  B and C 

plan A -file K1 and succeed if not go to 

plan B  return to marry file CR1 and spend as much time together as possible / if CR1 is denied to to

plan C - refile spouse visa (IR1 by this time) and refuke the issues given in the NOIR or NOID USCIS sends to u as appeals can also be denied and mine took over a year pre covid and it just reaffirmed my marriage as bona fida but said i could refile

 

Hope u know this is costly

Edited January 2, 2022 by JeanneAdil

[Mike E 11,723]

30 minutes ago, JeanneAdil said:

the article does suggest that but in the end refers to all age difference of 10 years or more

Yeah some lawyers lie.  

[Rocio0010 5,562]

1 minute ago, Mike E said:

Yeah some lawyers lie.  

Of course they do. Big time. They sometimes spread fear so that you hire them.

[millefleur 5,035]

**Two non-contributory posts and reply removed. OP, please tell us what country you are dealing with as it can make a huge difference in terms of what you should expect.**

 

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