QUESTION
Will the age difference affect my petition for permanent residency?
Asked on Sep 16th, 2011 on Immigration - California
More details to this question:
I came to the US with a F-1. I am just 21 and the lady that I plan marrying is 30 years old. Will the age difference affect my petition for permanent residency?
10 ANSWERS
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
An age difference may be considered an indicator of the good faith of the marriage. I would suggest professing substantial materials to overcome any negative element.
Answered on Sep 21st, 2011 at 12:25 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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If your marriage is real, then you will be fine. DHS may scrutinize your case more heavily due to the age difference, however as long as you can demonstrate the bona fides of your marriage, that is the real issue.
Answered on Sep 19th, 2011 at 3:45 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
It should not be as long as you are marrying for love and not immigration benefits.
Answered on Sep 19th, 2011 at 2:30 PM
The age difference should not be a problem if you have a genuine marital relationship.
Answered on Sep 19th, 2011 at 2:01 PM
Business Litigation Attorney serving Chicago, IL
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Law Offices of Peter Y. Qiu
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Not necessarily, although all other facts and factors must be considered by a lawyer.
Answered on Sep 19th, 2011 at 8:47 AM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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Love is not bound by age. If this marriage is bona fide(real), who cares about the age difference. having said that, you do have to be very careful as CIS may view your marriage with suspicion. Thoroughly document your marriage to prove your marriage is not for immigration purposes.
Answered on Sep 19th, 2011 at 6:50 AM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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The age difference is only one factor oin determining a bona fide marriage. Be prepared to answer that question, but its better to prepare the petition fully with evidence of cohabitation and co-mingling of funds.
Answered on Sep 19th, 2011 at 6:00 AM
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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If the marriage if for love, age does not matter.
Answered on Sep 16th, 2011 at 4:04 PM
No immigration regulation or statute relates the age difference between spouses to immigration adjustment of status eligibility. Nonetheless, a significant age difference, like multiple other factors, can lead a USCIS adjudicator to apply a stringent level of scrutiny to the determination of whether the husband and wife are in a bona fide marital relationship. It would be wise to assemble as strong and persuasive set of documents possible to show the bona fide nature of the relationship.
Answered on Sep 16th, 2011 at 3:43 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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Werner & Associates
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Not if it is a real, bona fide marriage.
Answered on Sep 16th, 2011 at 3:42 PM