QUESTION
Will the green card be denied if I am 56 and my fiance is 25?
Asked on Sep 17th, 2012 on Immigration - Texas
More details to this question:
I wish to marry my fiance after applying for a fiancée visa. Will the green card be denied as she is 56 and I am 25. My bride to be and I have had an online relationship for over a year, and met up for 5 weeks recently. She thought it best for us to go through the proper channels and send me back to England, apply for a fiancée visa and then we could marry and apply for a green card. She is concerned that it could be denied, as the age difference is large. We are very much in love and have hundreds of emails we could submit as proof, and pictures we took from my visit to the US recently. Are we in more danger of a denied application because of the age gap? It would break my heart to not be able to be with her and need advice.
6 ANSWERS
The huge age difference is certainly going to be a major factor in the petition process, both for the fiancee visa as well as the green card petition even if you do get the fiancee visa. If you are able to overcome the presumption of immigrant fraud given the age difference, you might prevail but you will have to have a lot of evidence that the marriage is bona fide.
Answered on Sep 21st, 2012 at 12:46 PM
Bruce A. Coane
I've had similar cases approved. It is obviously an issue, but not automatic grounds for denial.
Answered on Sep 21st, 2012 at 12:46 PM
Immigration Attorney serving Los Angeles, CA
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Law Offices of Mary Lyn T. Sanga A Professional Corporation
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A big age gap is not a ground for denial. Be prepared to shore up sufficient documentation establishing that you have a legitimate relationship, you intend to live together as husband and wife, and that you are not entering into the marriage for the sole purpose of obtaining a green card.
Answered on Sep 21st, 2012 at 12:45 PM
Immigration Law Attorney serving Hialeah, FL
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Hernandez & Suarez, PL
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An age difference may be a factor that immigration will look at when considering an application, however, it is not the only factor that immigration is going to look at. If you can prove that your relationship is real and is not entered into for the purpose of defrauding immigration and just getting papers, you may still be approved. No one can assure that an application will be denied or approved since it is up to an immigration officer to make that determination. The only way to really find out is to go through the process. The above information is for information only and shall not constitute or be construed as legal advise.
Answered on Sep 18th, 2012 at 12:35 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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The age difference can be a factor, but as long as you have sufficient evidence to overcome any potential suspicions you can still be approved.
Answered on Sep 18th, 2012 at 12:34 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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Your chances may be better to have her come to the US to visit on a visa waiver and then proposing marriage to her after the entry. That way the entire process and interview can be handled by a local attorney. The marriage then should take place a month or two after her entry. Just be aware that she must have the intention to come and visit only (and that because of your marriage proposal after her last entry, her plans change). That is accceptable by USCIS as long as she did not have the intention to come and stay upon her last entry. That is, her intention to stay must take place after her last entry.
Answered on Sep 18th, 2012 at 12:34 PM