What is "Large disparity of age"

[ITGeniusGuru 3]

Hello everyone,

New to the board, but not new to marriage to a foreign national. In 2004, I married a Russian lady and applied for a K-1 visa for her, which was granted, we got subsequently married, divorced and she ended-up leaving the US and going back to her country.

Now I just married a Filipina lady and would like to file a I-130 for her (in fact, I have all paperwork ready).

I am USC, 54 years old, she's 26 years old. We married in Hong Kong where she lives and works (legally).

While browsing the internet, I came across the Adjudicator's Field Manual - Redacted Public Version \ Chapter 21 Family-based Petitions and Applications. \ 21.3 Petition for a Spouse and

in section (H) Interviewing Petitioner and Spouse .

It says:

Some indications that a marriage may have been contracted solely for immigration benefits include:

- Large disparity of age;

- Petitioner has filed previous petitions in behalf of aliens, especially prior alien spouses.

I am worried as I fit the two criterions, though my previous petition was for an alien fiancee, not spouse.

I would like to seek your input and advice. Has anyone gone through the I-130 process where there was a "Large disparity of age"?

Sure,I will expect a long grueling interview, but what are the chances of getting an approval at the end?

Thanks in advance. Any advice/help would be appreciated.

[bsd058 296]

Hello everyone,

New to the board, but not new to marriage to a foreign national. In 2004, I married a Russian lady and applied for a K-1 visa for her, which was granted, we got subsequently married, divorced and she ended-up leaving the US and going back to her country.

Now I just married a Filipina lady and would like to file a I-130 for her (in fact, I have all paperwork ready).

I am USC, 54 years old, she's 26 years old. We married in Hong Kong where she lives and works (legally).

While browsing the internet, I came across the Adjudicator's Field Manual - Redacted Public Version \ Chapter 21 Family-based Petitions and Applications. \ 21.3 Petition for a Spouse and

in section (H) Interviewing Petitioner and Spouse .

It says:

Some indications that a marriage may have been contracted solely for immigration benefits include:

- Large disparity of age;

- Petitioner has filed previous petitions in behalf of aliens, especially prior alien spouses.

I am worried as I fit the two criterions, though my previous petition was for an alien fiancee, not spouse.

I would like to seek your input and advice. Has anyone gone through the I-130 process where there was a "Large disparity of age"?

Sure,I will expect a long grueling interview, but what are the chances of getting an approval at the end?

Thanks in advance. Any advice/help would be appreciated.

There is no age difference that would define large disparity of age. Though, I would think your relationship fits the description. Just have lots of evidence of a bona fide relationship. That's all. Joint accounts, insurance policies, rental agreement/title with both names, copies of pictures of the wedding and plenty of others elsewhere. They are going to want to make sure she isn't using you to merely get a visa.

Remember, large disparity of age is only an indication about the intent of a marriage. It is not the definitive be-all and end-all.

Other indicators include, but are not limited to:

1) Inability of petitioner and beneficiary to speak each other's language;

2) Vast difference in cultural and ethnic background;

3) Family and/or friends unaware of the marriage;

4) Marriage arranged by a third party;

5) Marriage contracted immediately following the beneficiary's apprehension or receipt of notification to depart the United States;

6) Discrepancies in statements on questions for which a husband and wife should have common knowledge;

7) No cohabitation since marriage;

8) Beneficiary is a friend of the family;

9) Petitioner has filed previous petitions in behalf of aliens, especially prior alien spouses.

A sham marriage has been defined by the BIA as a marriage which may comply with all the formal requirements of the law but which the parties entered into with no intent, or "good faith", to live together and which is designed solely to circumvent the immigrations laws. Sham marriages are not recognized for immigration purposes. See Matter of Patel , 19 I&N Dec. 774 (BIA 1988).

Good luck!

Edited February 7, 2013 by bsd058

[speedwell 224]

Hello everyone,

New to the board, but not new to marriage to a foreign national. In 2004, I married a Russian lady and applied for a K-1 visa for her, which was granted, we got subsequently married, divorced and she ended-up leaving the US and going back to her country.

Now I just married a Filipina lady and would like to file a I-130 for her (in fact, I have all paperwork ready).

I am USC, 54 years old, she's 26 years old. We married in Hong Kong where she lives and works (legally).

While browsing the internet, I came across the Adjudicator's Field Manual - Redacted Public Version \ Chapter 21 Family-based Petitions and Applications. \ 21.3 Petition for a Spouse and

in section (H) Interviewing Petitioner and Spouse .

It says:

Some indications that a marriage may have been contracted solely for immigration benefits include:

- Large disparity of age;

- Petitioner has filed previous petitions in behalf of aliens, especially prior alien spouses.

I am worried as I fit the two criterions, though my previous petition was for an alien fiancee, not spouse.

I would like to seek your input and advice. Has anyone gone through the I-130 process where there was a "Large disparity of age"?

Sure,I will expect a long grueling interview, but what are the chances of getting an approval at the end?

Thanks in advance. Any advice/help would be appreciated.

My advice is to provide plenty of personal evidence. Joint finances, in particular, but also photos of the two of you together with family and friends and celebrating special occasions, chat logs where you talk about how much you love each other and want to be together, evidence that your new wife knows all about your previous attempt (they may well ask your wife about her), evidence of time spent together (receipts or bank statements for plane flights and for things you bought for each other or did together) and plenty of formal affidavits from family and friends that you are a happy couple and obviously very much in love. You should have made a will in her favor, added her to your bank account or started one together for household bills, if possible (it's not too late to have her come over for a week and do this - her passport will be enough and you should not have to file a form with the IRS for non-interest-bearing accounts), put her on your lease or mortgage paperwork, and added her to your life and health insurance and 401K as a beneficiary (Merrill Lynch has a form for the 401K since it is not usual, and your HR person may object to the health insurance until she is in the country, but do these things anyway). You will file as married on your taxes this year if you married on or before December 31.

If you met your wife through a broker site, it's not technically any more questionable in essence than using a traditional matchmaker, but you have probably found through your reading that you will come under intense scrutiny. I have been telling people, delay is not denial. Proceed methodically and systematically. Measure twice, cut once. And retain an immigration lawyer at the first hint of something going wrong.

Edited February 7, 2013 by speedwell

[I AM NOT THAT GUY 5,715]

For the Philippines, large disparities in age are the norm. I wouldn't worry too much, if she speaks English functionally well.

[Villanelle 4,122]

Well it seems like your wife lives overseas and you will be filing or have filed an 'overseas type' CR1. She will be having an interview at the foreign embassy. You do not have to attend the interview. You can. But its not a mandatory interview (for you).

So saying I expect a long and grueling interview is not really accurate... Your wife on the other hand may be subject to some uncomfortable questions. If you do choose to attend and they wish to interview you (its their choice if they want to) you may be subject to questions as well.

The issues they have are going to be the things pointed out above.

You did have another marriage that resulted in benefits being awarded. Its irrelevant that the woman chose to relinquish them and return to her country. What will be relevant is how quickly after the first marriage terminated did your new relationship begin with your current wife? Thats how theyll determine if youre someone who 'finds immigrants' and marries them to give them benefits and then subsequently divorces them. Its a point in your favor that the prior spouse did not stay in the US. (If you have proof that she left the US, bring it with you.- it counteracts that argument or train of thought)

The large age difference also ties into that. By itself its not an issue. But when you combine it with the above (you now have a man who has a pattern of marrying women and granting them benefits, who has a large age difference- it becomes twice as suspicious. Throw in a third variable like a language issue, and how much more writing on the wall do you need? You need to break each potential red flag down. Separate them and come up with some kind of proof or documentation why each one is valid, so theyre not lumped together in one suspicious mess.

Red flags are just possible indications that something more could be going on. It gives them a starting point to probe. So be prepared to be probed. The best answer to a probe by USCIS or a CO at an embassy involves presenting documents. Documents carry much more weight then verbal statements. Even a document that is a statement from somebody, which you think would be a verbal statement, nope, its not, its a document.

Your issues are going to be your age, your previous marriage (how much of an issue is going to be depending on how long ago you were divorced- IMO if it was over a year, its not so big a deal) your ability to speak/communicate in English/whatever language she speaks, the amount of time youve spent together,

[Darnell 8,478]

i suggest you write a letter of attestation on the prior marriage.

you might want to write an evolution of relationship letter on your current wife.

submit both with the I-130.

[ndu26 114]

I agree with Darnell especially since the first wife went back to her home country right? I am assuming she did not really get any benefits from you immigration-wise? so yes you have sponsored someone else before but hey she did not stay to continue life here.

[Darnell 8,478]

I-130 denials for lack of proof marriage is bonafide

Well, there's 6 types of evidence to submit with the I-130.

Guangzhou IV is one hard sum-b|tch, here's what I was able to generate a month after arriving home from the 'marriage trip', along with my interpretation of the 6 types o evidence listed in the I-130:

http://www.visajourney.com/forums/index.php?showtopic=218775&st=0&p=3324240&hl=Rusticentry3324240

Fast forward 4.5 years to when I filed, and I have this huge pile of evidence, including tax returns where we did mfj, a few leases with both of our names, a coupla house contracts and deeds in both of our names, a power of attorney from her to me, 12 trip 'logs' and god knows what else .

If'n you just married, you can generate the same stuff I did that's listed in the link, prior to filing the I-130.

Good Luck !

[ITGeniusGuru 3]

Thank you everyone for valuable input.

Darnell, I went through your list of bona fides. I cannot come-up with everything you mentioned, but I will do as much as I can.

But I really like your idea of submitting a letter of attestation on the prior marriage and a letter of evolution of relationship. I will do that. I also have two affidavits from my wife's friends who attended the marriage ceremony. However, the 2 affidavits are not notarized, just signed in person, do you think that matters a lot?

Patriot, thanks for the positive thought!! Let's hope they know that at the Hong Kong Consulate!

Five years have passed since my divorce from the Russian lady and me marryig my Filipina lady (she speaks good English).

BTW, i am mailing the I-130 application today Feb 26th!

Edited February 26, 2013 by ITGeniusGuru

[ITGeniusGuru 3]

BTW, i am mailing the I-130 application today Feb 26th!

Received e-notification application has been accepted March 4th.

What's a typical noa-1 to noa-2 timeline? I have seen it as short as 88 days, or as long as 6 months.

[bsd058 296]

Received e-notification application has been accepted March 4th.

What's a typical noa-1 to noa-2 timeline? I have seen it as short as 88 days, or as long as 6 months.

Depends on where your petition is sent to for processing. I'm at Vermont and they are only working on June 4th of last year.

I've literally seen applications approved next day and some approved over a year later.

Edited March 5, 2013 by bsd058

[ITGeniusGuru 3]

Thanks BSD058, here's something interesting:

http://www.visajourney.com/timeline/monthly_filers.php?form=2&visa=3&scenter=2&option=3&sortby=2

For the most recent 15, they all received NOA-1 in June 2012, or first week of July 2012, and then received NOA-2 in February 2013. This makes a typical wait period of between 6 months and 1 week and 7 months and 3 weeks.

Only one couple (Hubby and Hope) were lucky to have NOA-1 (in October 2012) to NOA-2 of only 3 months and 26 days.

I am tempted to think the month of the year you file in, has an impact on how long it takes. A big number of petitioners in the summer (june - July), much less in October.

Edited March 5, 2013 by ITGeniusGuru

[ITGeniusGuru 3]

http://www.visajourney.com/timeline/monthly_filers.php?form=2&visa=3&scenter=2&option=3&sortby=2

And if you scroll down the page, you'll see that for those NOA-1's in October, the NOA-2 was received in less than 4 months.

Yousef and Sarah received theirs in only 47 days (Hmmm... if they ever happen to stumble upon this thread, please tell us what your secret is! )

[vegas12 12]

I just putting together my application have a question about some information that I should or should not add. This would be in the I-130 my wife had a previous boyfriend that got her a K1 visa. He canceled it just when they were to leave in October 2011. I met her on line in December 2011 and we talk for over a year. I married her January 15, 2013 I stayed with her in Brasil for three months. My question is I have a copy of the canceled K1 visa and also a letter from the consulate and the person who canceled it. Should I include this in the application. I had two difference opinions and I meeting a lawyer tomorrow. Thanks for anyone help.

[ITGeniusGuru 3]

Should I include this in the application. I had two difference opinions and I meeting a lawyer tomorrow. Thanks for anyone help.

My 2 cents:

The I-130 application does not call for including this information. See what the lawyer's opinion is.

I am going to guess this will be brought-up during her interview though, as it indicates she has been making a sustained effort to immigrate to the USA by establishing a relationship with a citizen.