Can Immigration deny a marriage based on age difference and immigration status? 4 Answers as of February 16, 2012

If it is a real marriage and you are going to live together after the wedding ceremony, then you can go ahead and the proofs will follow.

Although I can sympathize with your emotions, it should be noted that in order for a successful immigration petition, you and your boyfriend will have to prove a bona fide relationship (through joint ownerships/bills etc) and your boyfriend will have to show evidence of being able to support you financially by meeting the minimum Poverty Guidelines.

You have pointed out many of the weaknesses in your story, but my experience is that such as case can succeed if you have good legal representation and follow advice, as your case is truthful and sincere.

Immigration cannot deny your case solely because there is an age difference and you do not have valid immigration status. That being said, unfortunately certain stereotypes do influence the person making the decision. We typically recommend an attorney for these types of cases to ensure you are treated properly at the interview. As for your concern over trips, living together, and how you met, it is important to keep in mind there is no bright line rule as to what evidence is needed. If you lack particular evidence, you must be able to explain why you do not have it, which you can. You must also look for evidence you do have. Most couples have more documentation then they think. If you are in love and want to build a life with your boyfriend, then you should marry. As for your visa expiring, you are already out of status regardless of whether USCIS takes any action. You will be required to show you lawfully entered the country. It will be apparent when you are out of status as you cannot prove you are currently in school. A person who marries a U.S. citizen can still adjust their status to a resident if he or she is out of status. The unlawful presence bars are waived so long as you have not departed the country.