i have a job and currently working on my OPT and we are an inter racial couple. i have known her for about 2 years now. i have entered us leagally and am an leagl alien and im staying in us under student status.
Sure you can. But I see some issues in this proposition. That is why I urge you to consult with a competent immigration lawyer in your area before you do anything else.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
If the marriage is bona fide and in good faith. I would say that the age difference will raise a red flag, which can be overcome, but the assistance of an attorney should be utilized. My firm handles such cases in NY.
Law Offices of Nicklaus Misiti
212 537 4407
Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.
You will have to overcome a presumption of fraud, so if you have solid evidence of your relationship you will be fine.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
If your marriage is based on love, then yes, you should able to apply. Whether your case will be approved will depend on a number of factors, including your background, your immigration history, and your spouse's income. Given the age gap and the fact that your fiance is relatively young, you may trigger some level of suspicion from the Immigration Service. You should consult with an immigration attorney before proceeding.