Hello All, I came here as student 2 years ago but for a reasone I didn't attend college any day at all ..now I may marry my girlefriend and apply for change of status .. I'm 23 and she is 34 and has 2 kids .. I'm worried if I apply that the age difference will make my application hard to be approved? Does it affect ?
Differences in age, culture, religion, socio-economic nd educational level are all red flags, but they are not reasons to deny a petition. If you have a true marriage, then if you work with a good lawyer, you will be able to prove it. It takes more work and it takes some creativity, but a good lawyer will be able to help you get your Petition approved. There are several excellent immigration attorneys here in Cleveland.
You should always consult with an experienced immigration attorney to make certain that the advice you received is appropriate for your particular immigration case.
You need to establish the bona fides of the marriage. If the bona fides is established that is all that is required. Differences in age are not a basis for an adverse decision.
Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.
Whether the marriage is bona fide matters. Whether you can convince USCIS it is such matters. Whether you conscience is at peace matters. The age difference only matters when it points to fraud and such suspicion has grounds in reality. Of course, perception matters, but truth matters much more.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
You need to work on proving to USCIS that you have a bonafide marriage- proof of living together, documents showing joint financial responsibility , pictures, etc. That is what their determination will be based on.
It’s a factor that they consider, though there’s no law that cases will be denied simply because of age-difference. They look at everything – your evidence, your story, your testimony etc.
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