I am a U.S. citizen and my marriage has been arranged with an adult in India who is 11 years younger than me will our age difference and the condition (arranged marriage) of the marriage affect my fiancé’s eligibility to get a visa? Also will the duration of my stay in India influence my fiancé’s visa eligibility?
Yes, but the ultimate question is whether your marriage is bona fide.
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
Age discrepancy is a factor in determining the bonafides of a marriage. It can be a very important factor and a large age discrepancy can raise a red flag. However, it is not the sole factor. As my colleague explains, ultimately the bonafides and legitimacy of the marriage will determine the success of the eligibility for the visa.
I highly suggest that you speak with an immigration attorney about your specific case. As Mr. Shusterman is a California attorney, and the question appears to come from California, you may want to give him a call.
No information contained in this message, unless expressly denoted therefor, is intended to establish any attorney client relationship. No attorney-client relationship exists between us (Peter Acker and his associates and you) unless a written retainer or fee agreement has been signed and issued to you.
The age difference will be taken into consideration but will not necessariliy mean that it won't be granted. You'll just have to explain the situation and prove that the relationship is genuine. The service understands arranged marriages. I suggest you work with an attorney that can help you prove your case. I recently had a successfull case where the U.S.C. Spouse was more than 20 years older than his wife and it was granted. We had to provide alot of evidence however because we knew it would likely be an issue.
Andre Olivie, Esq.
Legal disclaimer: This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Do not rely on this advice without speaking to an immigration attorney in detail about your case. This message does not create an attorney-client relationship.