Will our immigration case be denied because of age diffeence? 4 Answers as of February 27, 2011

My husband is 40 years older than me, we got married recently and we have a bona fide relationship going on, we have pictures, joint bank accounts, utilities etc. Will it be a problem trying to convince the immigration authorities that our marriage is real? We are involved so I am not worried about questions being asked. I just want to know if they will deny our case at one glance because of our age difference?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
You will be assigned a higher potential fraud designation but I have successfully handled many of these type of cases over the years and they are approvable; the burden is on you to show the marriage is in good faith so document, document, document - all ties to each other, tax returns, debts, assets, bills, bank accounts, health insurance, car title, pictures together with family and friends, trips together, whatever you have.

If you would like a consultation on the facts of your specific case feel free to contact me as indicated below. I do charge for consultations but whatever you pay for the consultation would then be a credit toward the fees for your case if we are retained for services after the consultation.
Answer Applies to: California
Replied: 2/27/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
The USCIS will not deny your application merely due to your age difference. However, they will likely review your application more closely because of the age difference. In addition to bringing the joint documents you describe, you should expect to be questioned about your relationship, including the details on when and how you met, your day to day activities, asked to describe you home, schedule, etc. You should also consider hiring an attorney to prepare you for your interview and accompany you to your interview.
Answer Applies to: California
Replied: 2/7/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
No, they will not deny it initially merely because of the age difference but may examine the case more closely than they would others to insure that your marriage is based upon integrity and not fraud.
Answer Applies to: Virginia
Replied: 2/6/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
If you don't have a convincing petition package you will be denied for sure because 40 years age difference is indeed a red flag. Pictures can be seen as "posing for the purpose to invade immigration law" "banking account can be viewed as the same"... You should definitely hire an attorney to prepare your petition for you. We have had great record of success to appeal for family-based immigration petition, you are welcome to contact us for us to see if we can help you or not. Good luck!
Answer Applies to: Florida
Replied: 2/6/2011
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