Is it a problem to apply for a green card when the wife is older than her spouse? 3 Answers as of April 07, 2011

I am an immigrant and came here with a tourist visa. I met a US citizen and we are going to get married. I am five years older than him. Is it a problem to apply for a green card when the wife is older than her spouse? Can I put my age down before applying my green card?

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Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
An age difference of five years between spouses on an application for lawful permanent residency for one of them should be totally irrelevant.
Answer Applies to: Virginia
Replied: 4/7/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
When evaluating if a marriage is "bona fide" or was just entered into to get a Green Card, the USCIS takes many factors into account. Age difference between the couple is one factor. A five year age difference is not too great, but could be significant based on your ages. The difference between a 55 and 50 year old is not as significant as the difference between a 19 and 24 year old. I do not understand what you mean "can I put my age down before applying for my green card?" If mean can you put down you are younger than you are, the answer is no, you cannot. Doing so is a mispresentation.
Answer Applies to: California
Replied: 4/7/2011
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
Tell your correct age when applying for your paperwork. You have to provide a copy of your birth certificate and other documents such as the passport you used to enter the US in your application package, which show your real date of birth. I have successfully adjusted many couples where the Wife was a lot more than 5 years older than the husband. You must , like any couple of any age, document your relationship for the interview day (Example: Joint bank account, joint insurance, photos, etc.). Good luck.
Answer Applies to: California
Replied: 4/7/2011
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