Age Difference Red Flags?

[Gary and Alla 3,694]

How tough are they on you when there is an age difference? We have one of about 13 years, but I, the female, is the younger one. I have read when the woman is older it throws up some flags, but for our situation do they often make a big deal?

Not sure if it matters (it probably shouldn't but sometimes it's taken into consideration anyway) I would be coming from Canada, which isn't exactly a high visa fraud country.

Not a problem at all in Canada. Not a rpoblem in many countries when the man is older. Sometimes can be a problem in some coutries when the woman is older. They will not deny for this reason anywhere (they can't) but it is a "red flag" in some consulates if the man is younger. Not so in Canada.

[Josie Grossie 0]

Glad to read all these answers. My fiance and I are twelve and a half years apart and I was wondering this same question myself. Good to know!

[Sychotic1 0]

It will be interesting to see how we fare seeing as there is a significant age difference ( he is 25 and I am 45) however he is from the United Kingdom. I find it interesting that they are allowed to be so discriminatory. If I was a man, there would likely be little notice of the age difference.

I have just completed the package (Finally) and I will be mailing it in tomorrow.

[J&N* 68]

13 years isn't alot, americans marry much older/younger spouses all the time... it's not their business, you are free to marry whoever you want to, and it's your right! don't worry about the age part. just follow all instructions and you'll be fine

Goodluck

[K and L 27]

It will be interesting to see how we fare seeing as there is a significant age difference ( he is 25 and I am 45) however he is from the United Kingdom. I find it interesting that they are allowed to be so discriminatory. If I was a man, there would likely be little notice of the age difference.

I have just completed the package (Finally) and I will be mailing it in tomorrow.

Technically, they can't deny us on the basis of age, as USCIS knew the age difference. But that doesn't mean they can't and won't use that as a kick off point if there is anything else "off" that makes them think that it's just being used for a green card. Just be aware that it's a red flag, and make sure your interview prep is good, and your evidence is solid.

[ellis-island 6]

Technically, they can't deny us on the basis of age, as USCIS knew the age difference. But that doesn't mean they can't

and won't use that as a kick off point if there is anything else "off" that makes them think that it's just being used for a green card.

Just be aware that it's a red flag, and make sure your interview prep is good, and your evidence is solid.

That is good advice. I would only add that the beneficiary should make careful mental notes.

He or she should leave the interview and immediately write down what questions were asked

and what answers were given.

It's shocking, but consulates when they return petitions, do not provide USCIS with transcripts of interviews.

They don't provide recordings to justify their decision. And in the vast majority of cases, consular section chiefs

do not have the training in immigration law that is routinely provided to USCIS rookie adjudicators.

Basically, you're dealing with amateurs here. And these amateurs are telling you, "Trust us,.

Even if we're not adequately trained, "trust us. Even if we're slandering US Citizen petitioners,

you have to "trust us".

The advantage knowledgeable petitioners have in this match, is that "trust us" is not good enough.

Consulates have to put their conclusions in writing. And once they do, their reasoning, their investigative process

and even their careers are put on the line. And that is how it should be.

In most refusals, a section chief will write a summary of what the interviewing conoff has jotted down in his or her handwritten notes.

At times, the interview isn't even conducted in a language the conoff understands. In these cases, it goes from the conoff to a

foreign national translator, to the beneficiary, back to the translator and into the handwritten notes the conoff jots down in the file.

Think about that. Think about the potential for misunderstandings. Then think about what incentives

there may be for a foreign national translator to lie about what your beneficiary actually said.

After you think about that, ask yourself whether "trust us" can ever be good enough in the context of

a consular interview.

***

Concerning the age difference between beneficiary or petitioner, here are the DOS guidlines:

9 FAM 42.43 n 2.1 "Reason to believe"

"In general, knowledge and reason to believe must be based upon evidence

that USCIS did not have available at the time of adjudication and that such

evidence, if available, would have resulted in the petition being denied. This

evidence often arises as a result of or during the interview of the beneficiary.

Reason to believe must be more than mere conjecture or speculation—there

must exist the probability, supported by evidence, that the alien is not

entitled to status."

***

QUOTE (pushbrk @ Mar 2 2010, 11:49 PM)

The risk categories are low, medium, high and Lagos.

I've actually had two immigration lawyers whom I respect a lot tell me the same thing.

That's why they will no longer take cases from Lagos.

That is overly fatalistic in my view. The ways of DOS may be myriad

and mysterious, but remember, at some point, consular section chiefs

have to put their reasons for refusing a visa in writing.

And when that happens, their reasoning, their administrative procedures,

their investigation and even their careers, are put on the line.

9 FAM 42.43 n. 4.1, When Consul Disagrees with

Reaffirmation But Has No Evidence

In the rare case where you may irreconcilably disagree with the USCIS

decision to uphold the validity of the petition, if you have no new

evidence to present which was not previously considered by USCIS, you

will send the entire case to the Department (CA/VO/L/A) for review and

discussion with USCIS/HQ. Such referrals should be rare, however, since

the burden of proof still rests with USCIS and protracted delay without

sufficient reason is unfair to the visa applicant.

b. It should be remembered that USCIS bears a high burden of proof (good

and sufficient cause) in revocation proceedings. Although you may

believe that the evidence leads a reasonable person to believe that the

alien is not entitled to status, the evidence of record may not be sufficient

to meet the higher standard of proof required in these proceedings

The most important thing to remember in all this, is that consulates must eventually

justify their decisions in writing. And when that happens, it is a brand new ball game for

US Citizen petitioners. They will then have a chance to tear those conclusions to shreds.

And if they are careful, and logical, in the vast majority of cases, they will win and their

loved ones will eventually get a visa to come to America.

[Sychotic1 0]

Thank you. It is not as if we haven't had to confront the age difference a few times. My fiance came for Thanksgiving this year and although my family couldn't pass up a chance to poke fun at the two of us, in very short order he was welcomed into the family, which is (hopefully) the way our petition will go.

[pushbrk 12,824]

I've actually had two immigration lawyers whom I respect a lot tell me the same thing.

That's why they will no longer take cases from Lagos.

That is overly fatalistic in my view. The ways of DOS may be myriad

and mysterious, but remember, at some point, consular section chiefs

have to put their reasons for refusing a visa in writing.

I wasn't suggesting for a moment that the level of fraud in Lagos should be a deter people from attempting the process. I'm intimately familiar with success through Lagos. It is, however, in a category by itself, just not a category to get fatalistic about.

[Dot 0]

I think it's pretty unfair that men can have younger ladies and women are rejected at the idea to have younger guys. :[ I'm a Puma. RAWR* So will it be a problem for me? I'm like 1 yr and a 1/2 older than him I think people round it up to be 2 years older so... Can someone tell me if I will bring up a red flag?

[pushbrk 12,824]

I think it's pretty unfair that men can have younger ladies and women are rejected at the idea to have younger guys. :[ I'm a Puma. RAWR* So will it be a problem for me? I'm like 1 yr and a 1/2 older than him I think people round it up to be 2 years older so... Can someone tell me if I will bring up a red flag?

Of course not. How long before you'll get wise to the fact that life isn't fair?

[K and L 27]

2 years, with Canada, shouldn't be an issue.

Think about the culture of the country in question, eh? Canada's similar to the US, and a few years either way really isn't frowned upon here. It's not very popular, right, but it's not *frowned* upon. Whereas in some countries (like MENA), there's more a cultural emphasis on having kids and thus an older women is somewhat frowned upon because she's got that less time to breed (but even then, I imagine 2-3 years isn't as bad as 10+ years). And of course, with MENA, there's already an assumption that you're guilty until proven innocent in the whole process, so the age difference isn't just a little thing like it is elsewhere, it's a huge red sign saying "look for any other reason this could possibly be fraudulent".