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  • My wife is older than me

    Hi every body,
    Please do not judge me or make fun of me. If you cant or don't want to answer my question, just ignore it.
    I came to the US in 2002 and went to nursing school for 2 years. After my mother lost her job everything got screwed up for me. I had to quit school and work here and there for about 6 monthes.
    Now I have established my own business, got my business and tax lisences. Everything going well and I have a couple people working for me.
    I met a woman who is 25 years older than me and we want to get married. Dont get me wrong the marriage is Bona Fide 100% and we live together too.
    I used to have girlfriends my age but things just did not work out for different reasons.
    Here are my questions:
    Will the significant age gap between us be a problem while applying for AOS?
    Is there anybody who had same experiense?
    Should I apply for AOS at all or just leave things how they are?

  • #2
    Yes, there was a person with your same issues and everything went well, you can make a search I can't remember the nickname of the person.


    My personal opinion...don't get too worry because the age...the age is a stage of mind.

    For USCIS can be an issue BUT and only but if there are other type of things that can cause an alarm. But I think that depends what ages are involve and what are the conditions of the entire marriage.

    GL,
    12/13/07 file joint I-751 TSC/ received VSC
    01/04/07 Received first NOA from VSC ND 12/28/07
    02/01/08 Received Bio Appt ND 1/28/08
    02/21/08 Biometrics done/ feb22 LUD
    07/01/08 Divorced
    07/01/08 Sent new I-751 divorce waiver to VSC
    07/11/08 Received first NOA from VSC ND 07/04/08
    07/29/08 Received second NOA- Biometrics 08/02/08
    10/21/08 LUD latest NOA
    12/16/08 Card production ordered for JOINT FILING
    12/20/08 Received approval notice for file joint I-751...now what??

    Comment


    • #3
      USCIS officers are expected to follow Law and Regulations. They are not expected to make their own judgements on a certain case. If your marriage is in good standing, there is no reason why there should be any problem, unless USCIS is able to prove otherwise.

      Priority Date: June, 2002 (3rd GC Attempt)
      EB2, 485 ND: 6/10/2004
      Case Transferred to Local Office on 10/4/2006
      485 Approved: 12/5/2006
      Card Received: 02/13/2007
      Filed N400: PD 08/17/2012
      FP Complete: 09/10/2012
      Status changed to in line for interview: 9/12/2012

      Comment


      • #4
        I'm not judging you, but to tell you the truth, if I were an immigration officer then you would look suspicious to my eyes.
        You will need strong proof of bona-fide marriage. You need to prove that it is in bona-fide and not the other way around.
        If your marriage is in bona-fide, then I wish you good luck.
        N-400
        DO: New York City
        PD: 07/28/09
        NOA Received (dated 07/29/09): 08/01/09
        FP Notice: 08/06/09 (received 08/10/09)
        FP Appt: 08/12/09
        IL: 10/02/09 (notice date: 09/29/09)
        ID: 11/10/09 - Approved!
        OL: 11/10/09
        OD: 11/13/09 - Done - USC

        Comment


        • #5
          Thanks for answering and not judging me.
          While applying for AOS should I tell them that I have my own business?
          I just don't get it, I am allowed to have my own business, I got my lisenses without any problems, but yet I am considered illegal.
          I am afraid that if I tell them that I have had my business for about 2 years now they will consider it illegal???
          I am so confused, what should I do?

          Comment


          • #6
            I think the fact that you're illegal and the 25 year discrepancy may raise some flags. The age on its own may not, but put yourself in the shoes of the USCIS officer...illegal marries woman 25 years older...wouldn't you look into it a little?
            DO: Las Vegas, NV

            Day 001 - 07/11/06: Sent package to Chicago
            Day 003 - 07/13/06: RD
            Day 024 - 08/04/06: FP completed
            Day 077 - 09/26/06: Interview letter received
            Day 120 - 11/08/06: Interview Date - Approved
            Day 130 - 11/18/06: 2 year GC received in the mail
            Moved to Atlanta, new DO
            10/7/08 - I-751 to Vermont
            11/17/08 - Biometrics (again?!)
            5/25/09 - Got letter saying 751 approved
            6/12/09 - Got permanent GC in the mail

            Comment


            • #7
              justozzy, having your own business with all legal licenses, tax identification and whatnot while being illegally residing in the US is not new to USCIS and its officers. They are willing to hear your case and the circumstances that made you illegal after you came to the US legally in the beginning. Well, that's what I'm assuming.

              When it comes to the age difference, I can tell you straight forward that, like others already pointed out, it might raise some red flags. That might be true for some officers while others probably don't see anything wrong with it. Besides following the laws and the rules they are entitled to listen to their gut feelings.
              All I'm saying is, don't be surprised when you guys face some nasty questions.

              Comment


              • #8
                Food for thought.....this conversation would never have taken place if it was an older man and a younger woman I think that you should follow your heart , but you need to document and be able to STRONGLY support evidence about your marriage being bona fide. As said before, an illegal marrying a 25 year older woman is bound to raise eyebrows......but if your heart is in the right place you will have no problem showing the INS officer that it is the "real deal". I would contact a n immigration lawyer to get some advice about the specifics though!
                Good Luck
                [COLOR=Purple][FONT=Comic Sans MS]N-400 Mailed: Feb 2-05
                Checked Cashed: Feb 9-05
                Receipt: Feb 28 -05
                Fingerprinting #1: - March 19 -05
                Fingerprining #2: - March 19 -06
                Interview Letter: - April 1 -06
                Interview (Greer, SC): - June 13, 06
                Oath Letter : July 18, 06
                Oath: July 28, 06

                Comment


                • #9
                  What has age (once both parties are over 18 yrs) got to do with marriage, under which law is age going to come up. Which law is USCIS going to use to deny you change of status. Does the government have the right to tell two adults whom to get married to?
                  01/12/06--- Married to USC
                  03/24/06--- RD
                  03/29/06--- ND
                  04/17/06--- FP for I-175 & 1-485
                  04/12/06--- RFE date (04/08/06)
                  04/28/06----RFE Received
                  07/11/06----Approved but pending name check
                  08/20/06----Welcome notice mail
                  08/28/06----GC Received

                  Comment


                  • #10
                    Originally posted by justnew
                    What has age (once both parties are over 18 yrs) got to do with marriage, under which law is age going to come up. Which law is USCIS going to use to deny you change of status. Does the government have the right to tell two adults whom to get married to?
                    There's no law. But I think that the officeris gonna ask many questions and they'll have to have strong proof.
                    N-400
                    DO: New York City
                    PD: 07/28/09
                    NOA Received (dated 07/29/09): 08/01/09
                    FP Notice: 08/06/09 (received 08/10/09)
                    FP Appt: 08/12/09
                    IL: 10/02/09 (notice date: 09/29/09)
                    ID: 11/10/09 - Approved!
                    OL: 11/10/09
                    OD: 11/13/09 - Done - USC

                    Comment


                    • #11
                      Originally posted by justozzy
                      Is there anybody who had same experiense?
                      Check posts of Token Ranger.( She-49, He- 25)?
                      Check http://boards.immigrationportal.com/...2&page=1&pp=15
                      Last edited by indone; 27th July 2006, 09:51 AM.

                      Comment


                      • #12
                        There is no law about it BUT it's one of the things that can come out as a question mark saying that depends in the ENTIRE scope of the case. Let's say that if the person is a guy/girl in their 20's and marry a person of 50, the immigrant has been illegal in the US for about 5 years, they just decide to get marry after a month of knowing each other and they has nothing in common of how they met and they barely can communicate with each other...bla bla bla...the issue here is not the age difference as the only factor (which is not) is the entire scope: does not look good. So that depends in the entire issue, is like you do not choose a type of sandwich because it is a sandwich but it is because what is in it...the different ingredients make your final choice.
                        Last edited by cherr1980; 27th July 2006, 11:16 AM.
                        12/13/07 file joint I-751 TSC/ received VSC
                        01/04/07 Received first NOA from VSC ND 12/28/07
                        02/01/08 Received Bio Appt ND 1/28/08
                        02/21/08 Biometrics done/ feb22 LUD
                        07/01/08 Divorced
                        07/01/08 Sent new I-751 divorce waiver to VSC
                        07/11/08 Received first NOA from VSC ND 07/04/08
                        07/29/08 Received second NOA- Biometrics 08/02/08
                        10/21/08 LUD latest NOA
                        12/16/08 Card production ordered for JOINT FILING
                        12/20/08 Received approval notice for file joint I-751...now what??

                        Comment

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