Denial of K-1 visa due to age

[Sarah Elle-Même 660]

OP needs to give us more details before we can offer specific advice. But I concur with others above, age alone is not the only deciding factor. The Consular Officers probably had what they felt was a good reason to refuse to grant the visa. Dwheels listed some great evidence that should have been part of this couple's application. If the 221G form doesn't give any good indication and this couple can't figure out why the beneficiary was refused themselves, when the petition gets returned to USCIS they should file an FOIA request for the case notes and wait for it before making the next step. Plenty of folks have overcome a K-1 denial. It requires patience and perseverance and a little luck.

How to file an FOIA request:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=5c9ab75d8e5e6310VgnVCM100000082ca60aRCRD&vgnextchannel=5c9ab75d8e5e6310VgnVCM100000082ca60aRCRD

[dwinge 34]

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.

+1

[LSnBigBear 61]

Im 25 and my husband is 47...but thanks God nothings problem..we love each other so much

[JRF 117]

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)

Thanks for the on-point and objective input.

[Angela256z 30]

Wow I am sorry for all those being criticized on here about age. I don't think any of you should judge someone for their age difference when you don't know them. Plenty of people fall in love with people of different ages. It happens a lot!

I personally don't know much on the case. I am a friend of the friend and was just wondering if I could provide any help. I believe the country was either DR or Jamaica. They have met in person multiple times. Yes he is in his 20s and she is in her 50s.

[Loveforever143 13]

M&you, on 11 Sept 2013 - 01:48 AM, said:

lol

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

um... No.

um. . . Yes

Edited September 11, 2013 by M&you

[Girl from Celebes 588]

I'm dying to know what's exactly the circumtances of her K-1 visa refusal. it would give me some insight about the whole process.

[Girl from Celebes 588]

Wow I am sorry for all those being criticized on here about age. I don't think any of you should judge someone for their age difference when you don't know them. Plenty of people fall in love with people of different ages. It happens a lot!

I personally don't know much on the case. I am a friend of the friend and was just wondering if I could provide any help. I believe the country was either DR or Jamaica. They have met in person multiple times. Yes he is in his 20s and she is in her 50s.

You could ask her join on VJ website, perhaps? More details about the case from first hands would give information others here to help her.

[Sarah Elle-Même 660]

Wow I am sorry for all those being criticized on here about age. I don't think any of you should judge someone for their age difference when you don't know them. Plenty of people fall in love with people of different ages. It happens a lot!

I personally don't know much on the case. I am a friend of the friend and was just wondering if I could provide any help. I believe the country was either DR or Jamaica. They have met in person multiple times. Yes he is in his 20s and she is in her 50s.

So the beneficiary is younger and from the Caribbean? This explains a lot. If I am not mistaken, culturally speaking it is outside the norm for young men to enter relationships with or marry women outside child bearing age. The same is true for a lot of cultures. Their case was probably scrutinized heavily and if they didn't provide a bulletproof, front-loaded application with lots of relationship evidence then probably they weren't able to prove beyond doubt that they had a bonafide relationship or that the fiance wasn't just seeking a way to immigrate. But I'm just speculating they were denied based on the lack of evidence/fraud suspection angle. For all you know it could have been something else and had nothing to do with the age difference.

I suggest that your friend create an account here on VJ so she can speak about the details of her case herself. Regardless, if they are unable to keep their visa application at the Embassy and get a 2nd interview the petition will be returned to USCIS. Filing an FOIA request is probably the only way to get solid clues as to why the visa was refused. It takes several months to get an answer but if after a lot of objective soul searching your friend is still stumped it could prove illuminating and help her determine what the next step should be.

[JessJoe 9]

Wow I am sorry for all those being criticized on here about age. I don't think any of you should judge someone for their age difference when you don't know them. Plenty of people fall in love with people of different ages. It happens a lot!

I personally don't know much on the case. I am a friend of the friend and was just wondering if I could provide any help. I believe the country was either DR or Jamaica. They have met in person multiple times. Yes he is in his 20s and she is in her 50s.

The age gap shouldn't not affect in the decision of a couple doesn't matter how big is the difference but the circumstances around them that drove to get a red flag (or more than one).

But I would said, as I read, a man in his 20's is marrying a woman in her 50's with no possibility to have families, coming from a culture where the children are considered a blessing, it sounds actually somewhat strange and in the sight of the consul is hard to believe (sorry to be harsh but that is the truth as I see). Yes, they have met multiple times but in comparison with other far country like Philippines or UK, a Caribbean nation is practically too close to the U.S. (unless the USC lives in Alaska or Hawaii).

My regards.

[d3adc0d3 186]

Honestly all the snide remarks about the age difference is childish and petty.

Its their lives, they are adults and will do as they please. Who are you to judge? They're happy and that's all that matters.

There's a major cultural difference in the Philippines; the young Philippine women are by default attracted to older, more stable (both financially and emotionally) men who are ready to settle down. This is not limited to men of other countries, this is just in general. There are plenty of Philippine women who date men their age too -- but the trend tends to be towards older more stable men.

Please tell me what is wrong with two consenting adults being in a relationship regardless of the age difference? The men and women who are romantically involved with someone who is much younger than them are well aware of the implications this may have -- but they chose to get involved anyways.

In my opinion, they're not hurting anyone, they want to be together, so as far as I am concerned it is none of my business.

I am a young professional woman who is 31 years old and my fiance is a young laborer who is 24. While the age gap isn't 10 or even 20 years, we're both blissfully in love and happy. We're also well aware that there are connotations and implications which society places judgment on us with. We simply don't care and can't imagine ourselves with anyone else.

We all come here because we fell in love despite the distance and are looking for both information and emotional support during a very trying process. This young man or woman is coming to you seeking support and knowledge for herself or her friend and you have the audacity to verbally assault their relationship? I'm disgusted.

Edited September 11, 2013 by d3adc0d3

[Boiler 45,510]

There is a difference between what is culturally normal, PI is a common example, and what would never occur if there was not the prospect of a GC.

The latter is the issue.

At least at that age any children would have flown the next so there are not limitations on who will be the one to move.

[d3adc0d3 186]

There is a difference between what is culturally normal, PI is a common example, and what would never occur if there was not the prospect of a GC.

The latter is the issue.

At least at that age any children would have flown the next so there are not limitations on who will be the one to move.

I know a Canadian in his 40s who married a Philippine woman in her 20s and lives happily in the Philippines with her and their 2 children, there's no Canadian citizenship, & no green card. I know several men from all over the world who have done that and work in the Philippines happily with their young, beautiful brides.

You're passing judgement based on your opinion, you do not have facts, statistics, or statements from the people involved regarding their reasons for the relationship. You have nothing but assumptions, suppositions, and a few previous cases where this happened in the past; which has happened all across the world and is not limited to the Philippines.

Regardless, it's their decision to get romantically involved. I'm sure there are plenty of older men who get involved with "Gold Diggers" knowing that's exactly who these women are, and simply don't care.

If you want to open a debate regarding this "issue" there's a forum for debates and general discussion. Someone's thread asking for assistance is simply not the place.

[Boiler 45,510]

If you read my post I said it was normal in PI and does not tend to be an issue.

[Pinkrlion 2,719]

Wow I am sorry for all those being criticized on here about age. I don't think any of you should judge someone for their age difference when you don't know them. Plenty of people fall in love with people of different ages. It happens a lot!

I personally don't know much on the case. I am a friend of the friend and was just wondering if I could provide any help. I believe the country was either DR or Jamaica. They have met in person multiple times. Yes he is in his 20s and she is in her 50s.

If it was Jamaica, then they are not going to come out and say it was age difference. They were not able to prove a viable relationship to the IO by the proof they provided. In addition, the IO in JA read every document and ask questions based on what you provided to them as proof of the relationship. If beneficiary could not answer questions about their evidence, then they are denied. It has nothing to do with age.