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Angela256z

Denial of K-1 visa due to age

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Hi -

I have a friend who is an older USC and she applied for her BF to come on a K-1 visa. He recently had his interview and was denied because there is an age difference between then 20s to 50s. How can one prove that this is not a fake relationship and appeal the denial?

* 21 APR 2016 - 90 Days before husbands conditional green card expires

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Filed: Citizen (apr) Country: Nigeria
Timeline

Hi -

I have a friend who is an older USC and she applied for her BF to come on a K-1 visa. He recently had his interview and was denied because there is an age difference between then 20s to 50s. How can one prove that this is not a fake relationship and appeal the denial?

What exactly did their 221g denial form say? No way you can be denied just for age difference and no CO will just say that. you denied because of age difference.

You said age difference was 20's to 50's. Do you mean the man is in his 20's and the woman is in her 50;'s?

Best way to show proof of bonafide relationship is visits. face time is #1. here is a list they may consider also. depending on country some weigh heavier than others.

Also what were the questions?

How was their confidence?

many times people think its one thing and its not that at all. This list is for married people but still some engaged folk have some of this.

BONAFIDE EVIDENCE

1. Evidence of Communication Before and After Marriage

  • Phone bills showing who called whom
  • Letters
  • Greeting cards
  • Chat logs
  • Emails / PM’s
  • Delivery receipts (of gifts you send each other)

2. Evidence of Visits / Vacations / Meeting in Person

  • Boarding passes
  • Passport stamps
  • Hotel receipts with both your names
  • Vacation / honeymoon photos
  • Receipts or bank statements showing remote ATM withdrawals (to show you were pulling money from that location at such time)

3. Evidence of Co-habitation During Marriage

  • Birth certificates of any children born to you together
  • Mortgage loan contract or lease contract with both partners’ names in it
  • Utility bills with both partners’ names
  • Receipts with both partners’ names in shipping/billing address
  • Pictures of you two living together

4. Evidence of Joint Ownership of Assets and Shared Financial Responsibility

  • Joint bank account statements
  • Proof of joint credit card use
  • Money transfer receipts
  • Power of Attorney
  • Wills (never used this)
  • Utility bills
  • Life insurance policy showing spouse as beneficiary
  • Health insurance
  • Car insurance

5. Photographic Evidence

  • Photos of you two together
  • Photos of you two with family (such as wedding, parties, kids’ graduation, etc.)
  • Photos of you two in various locations and times

6. Evidence from Others in Support of Bona Fide Marriage

  • Sworn affidavits of friends and/or family
  • Letters/cards from friends and/or family

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A large age difference can be a huge red flag for some of the high fraud countries (particularly where the would-be wife is older & the USC). Where did they interview?

Edited by lost_at_sea

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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Filed: Lift. Cond. (apr) Country: China
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~Moved from IR1/CR1 Process to K-1 Progress Forum~

~topic is K-1 visa related~

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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Filed: Timeline

I wasn't asking it in a judgmental way. I was just wondering cause I see a lot of that on these forums and in every day life with people wanting to immigrate here. I Big age differences. I know this raises some red flags and the OP and her partner have a big hurdle ahead of them.

If you are happily in love then that is a wonderful thing and I am happy for you. I hope you and your husband are together soon.

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Filed: Citizen (apr) Country: Canada
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Ok, back on track

Hi -

I have a friend who is an older USC and she applied for her BF to come on a K-1 visa. He recently had his interview and was denied because there is an age difference between then 20s to 50s. How can one prove that this is not a fake relationship and appeal the denial?

What country is your friend from? Who is older? Where is the beneficiary from? Sometimes one will interview in country A while being from country B

More details are needed to help your friend

good luck

USCIS
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178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Filed: AOS (pnd) Country: Colombia
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Sorry man but I do not think so! I have a friend of mine 40 yeas old that his wife and both living in Orlando Florida. This is a living example

therefore your example do not fly here!! good luck with you journey!!

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lol

majority of the philipinies girls are like in their 20s nd their husbands probably 65+

um... No.

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Filed: K-1 Visa Country: Brazil
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I think everybody in this thread needs to keep their opinions to themselves.

If those involved wanted your opinion on their relationship, they would have asked.

Alex(US) & Stela(Brazil)

I-129F Packet Sent - 06/19/2013

I-129F Packet Delivered to Dallas Box - 06/21/2013

NOA1 Electronic Notice, Packet to VSC - 06/25/2013

USCIS Check Cashed - 06/26/2013

Received Hard Copy NOA1 - 6/28/2013

Notification of Case Transfer to TSC - 08/09/2013

Received Hard Copy of Case Transfer to TSC - 08/14/2013

Electronic Notification of NOA2 - 9/17/2013 - 85 days!

Electronic Notification of Shipment to NVC - 9/18/2013

Hard Copy NOA-2 (I-797) - 9/21/2013

NVC Received - 9/25/2013

NVC Shipped - 10/1/2013

Received at Embassy in Rio de Janeiro - 10/8/2013

Beneficiary Received Instructions & Interview Date - 10/15/2013

Going to visit for the interview!!! - 12/7/2013

Interview at Rio de Janeiro!!! - 12/10/2013

Coming back to the U.S. with my baby to get married!!! - 12/30/2013

Time to K-1 Petition Approval - 85 days

Time from Petition to Interview - 168 days

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Filed: Citizen (apr) Country: Ireland
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*** one post removed and member thread banned. Give constructive advice or do not post. *****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Filed: K-1 Visa Country: Wales
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What do you have in common with a man who is old enough to be your father?

Do you mean Grandfather?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: AOS (apr) Country: Argentina
Timeline

The age difference can be a red flag, but in and of itself would not be the sole reason for a denial. There would need to be a lack of evidence regarding a bona fide relationship between the petitioner and the beneficiary.

If they were denied, prior to the interview, then the reason is likely that there wasn't enough evidence supporting that they met.

If they were denied, at the interview, then the reason is likely that the beneficiary didn't answer the basic questions well enough and/or that there wasn't enough evidence of an ongoing relationship to satisfy the requirements.

You need evidence that you met in person, face-to-face in the last 2 years, such as:

  1. passport stamps
  2. boarding passes for plane/train/bus
  3. photos of you together in various places and times
  4. ATM receipts placing you in the beneficiary's country
  5. evidence of you cohabiting together (hotel reservations/leases/rental agreements with both your names)

If it's after the interview you need evidence of your relationship after you files such as:

  1. Phone logs/Text Logs
  2. Chat/IM logs/Skype logs
  3. Emails
  4. Letters/packages sent in the mail
  5. Passport stamps if you visited again
  6. Photos of you together (if you visited again)

~ Don't forget to 'Vote Up' useful advice from others ~

K1 Visa Journey [April 11, 2013 - August 31, 2014]
[2014-09-20] !!! WEDDING !!!
[2014-09-22] Applied for SSN
[2014-09-26] Marriage License in Snail Mail
[2014-10-22] Notification of SSC in mail, will arrive "within 2 weeks"
[2014-10-27] SSC Arrived!

2015-04-30] Mailed AOS Package!
[2015-06-16] EAD Approved!
[2015-06-16] AP Approved!
[2015-06-23] EAD/AP Card Received!

[2015-10-02] AOS Approved (No Interview)!

[2015-10-07] Greencard Mailed

[2015-10-09] Approval Notice Recieved

[2015-10-09] Greencard Recieved!

I used RapidVisa for my petition; a paperwork service. A K1 is $375.00 to use their hassle-free online application system.

Useful Links:
Igor's List | Advanced Search Tool | Q&A With a Former USCIS Adjudicator
Visa Status Checker (Once you get a Case # from NVC) | Offical USCIS Reasons for a K1 Denial

The advice offered by this user is not legal advice. You should contact an attorney to obtain legal advice.

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