Somewhat of a unique situation, advice would be amazing

[MisterEko]

Hey guys, what an awesome place this forum is.

I am in somewhat of a "unique" situation. I've been in the US on F1 visa for 6.5 years while I got bachelor's and master's degrees. Then I got OPT for a year. OPT expires mid January 2013.

I've been dating my fiance for a year and a half now and we would like to get married and file for GC.

My issues:

1. She lives and works in NYC, and I currently have a job in Atlanta. Would having jobs so far apart be good enough of a reason for them not to doubt us? Would this be a problem, in other words?

2. She is 10 years older than me. Is that an issue?

3. She hasn't filed taxes in last two years and is working on fixing it this year. How would this play into our paperwork?


Thank you so much for taking the time to help me,


Mister Eko

 

[Jackolantern]

1. Do you expect to be living together before the interview (which should be 3-6 months after you file the application)?

2. If you were 18 or 19 it might be an issue, but I'm guessing you're over 25, so a 10 year difference shouldn't be a problem if the rest of your case is strong. But what evidence do you have to strengthen your case? Were both of you going to the same university before moving apart for employment?

3. Why didn't she file taxes? Insufficient income to be required to file? If she was required to file but didn't file, she'll need to file them before submitting your green card paperwork.

 

[MisterEko]

1. Do you expect to be living together before the interview (which should be 3-6 months after you file the application)?

2. If you were 18 or 19 it might be an issue, but I'm guessing you're close to 30, so a 10 year difference shouldn't be a problem if the rest of your case is strong.

3. Why didn't she file taxes? Insufficient income or unemployed? If she was required to file but didn't file, she'll need to file them before submitting your green card paperwork.

Thank you for your answers.

1. My OPT expires in January, so I will be moving to NYC then, yes.

2. I am 27, she is turning 37 soon.

3. Insufficient income, unfortunately.

 

[ananga73]

On this one I beg to have a different opinion from Jackolantern

1. Yes it will be a problem because taken together with your situation in 2. and 3., it has the lookings of a marriage of convenience. They evaluate you on the TOTALITY of your case and to me, your case though not unheard of, is very unusual.

2. Yes. See Jacks answers plus #1 above

3. See Jacks answers. May I add that it appears to me that this is the marriage of a higher income younger male with a lower income older female who do not live together. This is Ashton Kutcher and Demi Moore with the added complication that Demi Moore is broke plus she lives in LA while Ashton lives in NY. Any average interviewing officer will smell a rat and the burden of proof on you guys will be higher.

Those are the facts. And if you come from a different culture from her, expect an exponentially higher level of scrutiny beyond your currently unusual scenario.

Hey guys, what an awesome place this forum is.

I am in somewhat of a "unique" situation. I've been in the US on F1 visa for 6.5 years while I got bachelor's and master's degrees. Then I got OPT for a year. OPT expires mid January 2013.

I've been dating my fiance for a year and a half now and we would like to get married and file for GC.

My issues:

1. She lives and works in NYC, and I currently have a job in Atlanta. Would having jobs so far apart be good enough of a reason for them not to doubt us? Would this be a problem, in other words?

2. She is 10 years older than me. Is that an issue?

3. She hasn't filed taxes in last two years and is working on fixing it this year. How would this play into our paperwork?


Thank you so much for taking the time to help me,


Mister Eko

 

[MisterEko]

man escovcn

On this one I beg to have a different opinion from Jackolantern

1. Yes it will be a problem because taken together with your situation in 2. and 3., it has the lookings of a marriage of convenience. They evaluate you on the TOTALITY of your case and to me, your case though not unheard of, is very unusual.

2. Yes. See Jacks answers plus #1 above

3. See Jacks answers. May I add that it appears to me that this is the marriage of a higher income younger male with a lower income older female who do not live together. This is Ashton Kutcher and Demi Moore with the added complication that Demi Moore is broke plus she lives in LA while Ashton lives in NY. Any average interviewing officer will smell a rat and the burden of proof on you guys will be higher.

Those are the facts. And if you come from a different culture from her, expect an exponentially higher level of scrutiny beyond your currently unusual scenario.

Hey, thanks for thorough and honest response.


Wealthier is a bit of on overstatement: I am an accountant, and while I don't struggle to make rent, I am certainly not wealthy. Also, once OPT expires, my work ends and I will be jobless for a while. At that point, I am going to NYC to live with her.

I understand that marriage looks shady. I would probably acknowledge that in front of the officer too, but those are the circumstances we are currently in, and nothing can be done about it.


I wonder if I move to NYC and we obviously live together, share bank accounts, insurances, etc, would that alleviate the "suspicion" of my situation.

 

[sukhi]

I agree with both of the replies above & my personal opinion is:
If the marriage is genuine/legitimate then no one can deny you green card etc. , there might be some delay or extra verification's.

 

[ananga73]

Don't worry too much about it. Some people have been approved with much more unusual circumstances. In any case we marry those we love, not those who provide us with the ideal profile for securing green cards.

Good luck!

Hey, thanks for thorough and honest response.


Wealthier is a bit of on overstatement: I am an accountant, and while I don't struggle to make rent, I am certainly not wealthy. Also, once OPT expires, my work ends and I will be jobless for a while. At that point, I am going to NYC to live with her.

I understand that marriage looks shady. I would probably acknowledge that in front of the officer too, but those are the circumstances we are currently in, and nothing can be done about it.


I wonder if I move to NYC and we obviously live together, share bank accounts, insurances, etc, would that alleviate the "suspicion" of my situation.

 

[Jackolantern]

I wonder if I move to NYC and we obviously live together, share bank accounts, insurances, etc, would that alleviate the "suspicion" of my situation.

Yes it would. Move to NYC with her, and establish a joint bank account before filing the green card paperwork. If your expiring immigration status makes you unable to get a new account, add her to your existing account if the bank has a branch in NYC.

You said your relationship is 1.5 years old now. Surely you must have accumulated some evidence of it, like airline tickets from traveling to visit each other, and/or pictures of both of you together at famous places. Was she living in Atlanta during your relationship before moving to NYC? If yes, gather evidence of that for the interview. It will help your case if you can show that you had a face-to-face relationship before it became long distance.

 

[buckner]

advice

Its not an issue that she is ten years older then you but the honesty and sincerity should be there.If you are apart form each other then after few period this issue could be settled.I think its OK for you.You should go for marriage.