Marriage with age difference.

4 views 5 answers
I met my fiance in January this year. We fell in love in each other and after all this time we decided to get married. I'm not a citizen, so we will have to apply for my Green card. I'm 22 , and he is 57. Can we get married and apply for my Green card, if we have 35 years age difference? My husband doesn't have kids, and we are dreaming to have kids soon. Is it true, that if i'll get pregnant, we don't have to go through the marriage interview? Thank you for your help.

Attorney Answers

5
Luis Guerra ·
You will have to go to an "adjustment of status" interview regardless. Your case will be thoroughly reviewed by USCIS. Despite the age difference, your adjustment will be approved as long as you meet your burden of proving that your marriage is for real. If you do get pregnant, it will help your case tremendously. I suggest that you get your case reviewed by an experienced immigration attorney. Sent on the Sprint® Now Network from my BlackBerry
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Jeffrey Lisnow ·
Due to your age difference the USCIS will probably highly scrutinize your case. I suggest you retain the services of a qualified attorney so that a little problem dos not blow up in a major way.
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J Ferrari ·
Can we get married and apply for my Green card, if we have 35 years age difference? Yes, but the case will be scrutinized more than a case where the age difference is less. Is it true, that if i'll get pregnant, we don't have to go through the marriage interview? No, it is not. You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.
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Jeffrey Devore ·
Just because you and your fiancé have a large age difference does not mean that the two of you cannot get married or that he cannot petition for you to become a permanent resident. Likewise, the fact that you may be pregnant does not excuse the two of you from a personal interview concerning the bona fides of your marriage. Consult with an experienced immigration attorney who can review the facts of your case, advise you as to what to expect, and recommend a specific course of action.
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Lynne Feldman ·
I agree. Age is a factor in determining if your marriage is likely to be real but can be overcome Are you in the U.S. legally? You will be interviewed if eligible for adjustment and the good faith of the marriage will be scrutinized. If USCIS determines you entered into a fraudulent marriage then this will preclude getting a green card through this or any other legitimiate basis so be sure you are marrying him for the right reasons. Having children certainly helps prove a good faith marriage but is a big responsibility so of course don't get pregnant just for immigration purposes. You will have an immigration interview whether you have a child together or not. I have successfully handled several immigration cases with extreme age differences like yours and they were approved but it is important to determine that you are both entering into the marriage for the right reasons. Lynne R. Feldman, Attorney at Law Concentrating in Immigration and Nationality Law 2221 Camino Del Rio South, Suite 201 San Diego, CA 92108 phone: (619) 299-9600, facsimile: (619) 923-3277 email: [email protected] website: www.immigrateme.com Formerly Adjunct Professor -- Immigration law University of Illinois College of Law Lynne R. Feldman, Attorney at Law Concentrating in Immigration and Nationality Law 2221 Camino Del Rio South, Suite 201 San Diego, CA 92108 phone: (619) 299-9600, facsimile: (619) 923-3277 email: [email protected] website: www.immigrateme.com Formerly Adjunct Professor -- Immigration law University of Illinois College of Law
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