How much will age difference, prior marriage, health issues, and an overstay count against us?

[FLAussie 5]

I'm new to the forum, but have already found the K-1 Step-by-Step Guide really helpful; thank you everyone who put it together!

My partner and I are preparing our I129-F package atm, but I'm worried that we might look bad on paper as a couple, and that would work against us:

1. Firstly, I'm a few years older than he is; I'm in my 30s, he's still in his 20s.
2. Secondly, I was legally married to someone else when we met. (I'd been separated from the ex for a long time, but hadn't filed divorce paperwork yet because, well, I hate paperwork. The divorce is all finalized now, though.)
3. Thirdly, I'd had a B-1 and spent quite a while in the US, but it ran out last year. So they might be suspicious that I'm just trying to get another visa? (Though if that were the case, I would've got my B-1 renewed, which would've been much easier.)
4. Lastly, we haven't had a big engagement party or even really officially announced it. Honestly, we would probably keep 'living in sin' at least a couple of years longer, except he's missing his family a lot and wants to go home.

Also, if all that weren't enough... I have serious health issues. Nothing communicable / on the exclusion list, but bad enough that I get disability pension here in Australia, and am not physically able to work a normal, 'go to the office every day' job.

AND last time I was in the US, I might've technically overstayed by 2-3 weeks. I left before my visa expired, but after the date written on the entry stamp. I did have genuine reasons, and put in the application to extend my stay, but I've never received the response (which arrived after I'd left the country). So I don't know whether they said OK, or whether they said no and I'm now in the system as an over-stayer.

How much is each of those things likely to work against us?

(I'll be interviewing at the Sydney Consulate, and we're 90% sure he'll be able to come with me, if it matters.)

We are genuinely a couple, we do really love each other and want to stay together. We've been together in Australia for a year, first traveling together and then living together, and we also spent three months together in the USA before that (then a few months apart while he got a visa to come to Australia to be with me). We're a registered de facto couple here, which makes him legally my next-of-kin in Australia; i.e. similar status to a married couple, but without all the expensive hoopla. We have plenty of paperwork to prove that we've been together all this time, which will hopefully help our application?

We have also been wearing commitment rings a long time. He gave me his class ring when I had to go back to Australia, which I wear on my left hand but not on the ring finger as it doesn't fit (his hands are a lot bigger than mine). I gave him a ring when he got here, which he wears on the ring finger of his right hand. (It's a Latin American tradition to wear the ring on the right hand while engaged and move it to the left hand at the wedding; he's Hispanic.) But no official down-on-one-knee proposal from either of us; we just sort of talked about it and decided we wanted to stay together, no matter what. (Yes, we are both odd people.) So do the rings count for anything?

Re the lack of 'official' engagement.. it's not out of character for either of us to have not announced things to the world; we're both really quiet and private about our personal lives. But will they take that into account? Or just reject us for not doing things the 'normal' way?

As for my health issues: there's a Social Security Agreement between Australia and the USA, so when I'm too sick to work, the Aussie govt does pay at least part of my disability pension while I'm over there. Should I try to get that in writing from the Aussie govt, to prove that I won't become a burden on the US govt? (I know that comes later in the process; I just like to be prepared. Plus it'll take at least a couple of months to get a written response from the Aussie govt, based on previous experience.)

Finally, other than the one short overstay, I have always obeyed US immigration laws to the letter. I'm not a serial rule-breaker or anything like that.

So overall... do you think we still have a decent chance of being approved?

[Sekhvaruli 74]

Your age difference is not an issue at all. It might arouse suspicions when the petitioner is older and is trying to "buy fresh meat"

from a country with poor economy. Your situation is completely different - the petitioner is younger, which is by itself is another proof of genuine love.

You have been legally separated, so, your sill lasting marriage is not an issue as well.

Overall. nothing that you've mentioned, seems to be a problem to me. Except may be the overstay...

[FLAussie 5]

Thanks Sekhvaruli. Glad to hear those aren't all immediate red flags.

I don't like dealing with bureaucracy and I get worried about this stuff... but figuring out the reasons they might say no and addressing them ahead of time seems to work for me most of the time. Not sure that applies to US Immigration though!

As for the overstay: it was less than three weeks; I genuinely wasn't able to leave the country by the date on the entry stamp; and I applied for an extension and paid the fee. Would they take into account that I did try to follow the rules?

From what I read at the time, you're not technically in the country illegally when your stamp expires if you've lodged an application for an extension and are waiting for a response. I left before I got a response, so I'm fairly sure I was technically never illegal... I think...

[Ilovemyman 147]

Your age difference is not an issue at all. It might arouse suspicions when the petitioner is older and is trying to "buy fresh meat"

from a country with poor economy. Your situation is completely different - the petitioner is younger, which is by itself is another proof of genuine love.

You have been legally separated, so, your sill lasting marriage is not an issue as well.

Overall. nothing that you've mentioned, seems to be a problem to me. Except may be the overstay...

When the love is real and you show that you are a eeal couple it doesnt matter the age diferences.

My fiance the petitioner is 24 years older than me.

I am from a poor country and high fraud country also, but we are a real couple, and they approved us, and I am waiting my passport with the visa.

No all people that are with younger peoole are buying fresh meat, they are couple with the same ages that dont love each others.

[baron555 934]

1. Firstly, I'm a few years older than he is; I'm in my 30s, he's still in his 20s.

Not a big deal.

1. Secondly, I was legally married to someone else when we met. (I'd been separated from the ex for a long time, but hadn't filed divorce paperwork yet because, well, I hate paperwork.

Better get used to it, there's tons of paperwork and the K-1 is just the beginning.

1. The divorce is all finalized now, though.)

You need to be legally divorced PRIOR to filing the 129f form.

1. Thirdly, I'd had a B-1 and spent quite a while in the US, but it ran out last year. So they might be suspicious that I'm just trying to get another visa? (Though if that were the case, I would've got my B-1 renewed, which would've been much easier.)

As long as you abided by the requirements of that visa, ti should not affect a K-1.

1. Lastly, we haven't had a big engagement party or even really officially announced it. Honestly, we would probably keep 'living in sin' at least a couple of years longer, except he's missing his family a lot and wants to go home.

USCIS doesn't care about all that.....they only need two signed Letters of Intent.

[teanet 20]

When I was reading about red flags I and my husband had lot of them from uscis view. He is 16 years older, I am white and he is black, he is Baptist and I am atheist and we have very happy marriage and love each other. So if your relationship is real and you can prove it there is nothing to worry about. And about you being married while dating your soon to be husband I don't think that's a problem. There is lot of couples that started dating while one of them was still married but separated. Just be honest about everything and don't be afraid to explain.

Good luck on your application

[Zedayn 485]

So if your relationship is real and you can prove it there is nothing to worry about.

Exactly.

[FLAussie 5]

Thank you everyone for your help!

[baron555 934]

1. Firstly, I'm a few years older than he is; I'm in my 30s, he's still in his 20s.

Not an issue, my wife and I have 17 years between us and it's not a problem.

1. Secondly, I was legally married to someone else when we met. (I'd been separated from the ex for a long time, but hadn't filed divorce paperwork yet because, well, I hate paperwork. The divorce is all finalized now, though.)

You both have to be legally able to marry when you file the petition; what happened before that USCIS cares less about.

1. Thirdly, I'd had a B-1 and spent quite a while in the US, but it ran out last year. So they might be suspicious that I'm just trying to get another visa? (Though if that were the case, I would've got my B-1 renewed, which would've been much easier.)

Sure, but shouldn't be an issue. Many folks had a visa prior to a K-1.

1. Lastly, we haven't had a big engagement party or even really officially announced it. Honestly, we would probably keep 'living in sin' at least a couple of years longer, except he's missing his family a lot and wants to go home.

Only need two signed Letter of Intent to Marry; no other requirement.

Also, if all that weren't enough... I have serious health issues. Nothing communicable / on the exclusion list, but bad enough that I get disability pension here in Australia, and am not physically able to work a normal, 'go to the office every day' job.

The USC petitioner is the one that has to provide the financial support.

AND last time I was in the US, I might've technically overstayed by 2-3 weeks. I left before my visa expired, but after the date written on the entry stamp. I did have genuine reasons, and put in the application to extend my stay, but I've never received the response (which arrived after I'd left the country). So I don't know whether they said OK, or whether they said no and I'm now in the system as an over-stayer.

Usually is not an issue. Make sure all the dates of previous visits are honestly portrayed.

[FLAussie 5]

Sure, but shouldn't be an issue. Many folks had a visa prior to a K-1.

That makes sense; I guess a lot of Americans with foreign-born fiancés met them in the USA. Which would imply some kind of prior visa.

Edited April 20, 2014 by FutureSouthernGal

[SparklePony 238]

You're way over-thinking things, and as you can see from the previous answers, there's really not much to be worried about, especially given all the evidence you already have.

Good luck!

[Boiler 45,519]

The thing I would be worried about is the US health system.

[Al422 221]

Age difference is small and should not get anyone's attention.

Your prior marriage will not matter if and only if the divorce is final and signed off on by a judge. Can't file the I-129(f) without it, otheriwise you will get at least an RFE and at most a denial. So get that in order first.

Your medical inability to work should not matter. The USC is expected to support you, not the other way around. As long as your medical issue is not a Class A illness it wil not stop you at the medical exam either.

If you did not stay past the expiratoin date on your visa, you did not overstay.

As for the genuine relationship, there are no objective tests. It is all subjective. I think there is enough here to pass muster. But that is only my opinion.

Good luck to you.

[FLAussie 5]

You're way over-thinking things, and as you can see from the previous answers, there's really not much to be worried about, especially given all the evidence you already have.

Yeah, I might have a slight tendency to do that: worry about every little thing that could go wrong and have contingency plans for EVERYTHING, then things go smoothly and I wonder why I wasted so much time and energy worrying!

The thing I would be worried about is the US health system.

Oh, I've done lots of worrying about that! Lived over there for a year before, with no health cover. And one of my meds didn't have FDA approval yet then, so they had to switch me to other stuff which didn't work. Interesting year.

I'll take six months to a year's supply of each of my medications with me this time, so I'll have plenty of time to line things up. Thankfully my partner has a job waiting for him when he goes back, and they offer really good health cover. It'll cost us a few thousand a year to get me added to his cover if we go for top coverage, so at some point we'll calculate what our yearly out-of-pockets are for each level of cover and decide what level of cover works out best for us. Very glad for the Affordable Care Act; before that I had zero chance of getting cover anywhere really, due to my pre-existings, and we would've had to stay in Australia and just make short trips for him to see his family.

[FLAussie 5]

As for the genuine relationship, there are no objective tests. It is all subjective. I think there is enough here to pass muster. But that is only my opinion.

Good luck to you.

Thank you everyone!

For anyone in a similar situation, seems like none of the stuff I was worried about has mattered so far; we got NOA2 much faster than expected. We did have strong evidence of a relationship, including plane tickets and visa stamps to show I was in the USA when I met him; same to show I went back to the USA to spend more time with him; same to show he followed me back to Australia when my visa there ran out; Skype and chat records while we were apart; and stuff to show that we live together in Australia atm and are registered de facto partners, so are legally next-of-kin here. (Australia's solution to recognising gay people's relationships without allowing gay marriage, but also available to hetero couples.)

So the posters above were right; genuine relationship seems to be the main thing they're interested in; the other stuff I got worried about has been mostly beside the point, so far.