Does USCIS discriminate against age?

[MrsWoodsy 0]

Hi guys,

So I'm sort of new here and I have a question. My fiance and I have known each other for 4 years and we've met twice before filing the I-129F petition (the first time he came down here, he lived with my family for 2 months. The second time was for 2 weeks). The thing is though, he's 19 and from Canada and I'm 18. USCIS says they don't discriminate against age, but my mom thinks otherwise. She says, "You filing a petition probably sent up red flags.". She also said that because of the Paris bombings and threats against national security, they're going to want to make sure that he's not coming down for the wrong reasons, like to bomb the US and such. We want the gap between us to close. Our intentions are pure and we're willing to take on this whole immigration thing. I know a lot of people that are older will judge me for my choice, but he has meant the world to me since day one. I received NOA1 on October 19th and now I just checked our case status and an RFE has been sent out. I called USCIS and they said that I need to validate the relationship (like I haven't done so enough!) and I need to prove that I'm not filing this to grant my fiance immigration status. So it wasn't because I lacked initial documentation. Has anyone experienced this? What do I do? Suggestions? Thanks a bunch guys. xx

Edited November 19, 2015 by misskayleigh

[baron555 934]

Hi guys,

So I'm sort of new here and I have a question. My fiance and I have known each other for 4 years and we've met twice before filing the I-129F petition (the first time he came down here, he lived with my family for 2 months. The second time was for 2 weeks). The thing is though, he's 19 and from Canada and I'm 18. USCIS says they don't discriminate against age,

Only if you are underage.. You both are not.

but my mom thinks otherwise. She says, "You filing a petition probably sent up red flags.". She also said that because of the Paris bombings and threats against national security, they're going to want to make sure that he's not coming down for the wrong reasons, like to bomb the US and such.

O, Mom!!! She's just being sweet.

We want the gap between us to close. Our intentions are pure and we're willing to take on this whole immigration thing. I know a lot of people that are older will judge me for my choice,

Why? you are adults. Make sure though that you've both thought how you will live your lives, jobs, continued education, children, etc.

but he has meant the world to me since day one. I received NOA1 on October 19th and now I just checked our case status and an RFE has been sent out. I called USCIS and they said that I need to validate the relationship (like I haven't done so enough!)

USCIS does not validate relationships, that's for the Embassy. They do though need evidence of meeting in person within the past two years. Since they are from Canada and they don't stamp passports, etc, it's possible they want more of that proof....but not about the relationship.

and I need to prove that I'm not filing this to grant my fiance immigration status.

No, not at this stage. You were given incorrect information.

Wait for the RFE.

[Russ&Caro 1,549]

The good news is that your case is being processed, as opposed to sitting in some queue. We received an RFE during the USCIS stage and from that point it only took a month to be approved after we submitted our response. I agree with the response above... sit back and wait for the RFE. Good luck!

[Robby999 1,024]

Considering your age unless you have been gainfully employed for the last 3 years I would recommend looking around for a co-sponsor also while you have some time. I am not saying you need one but the 134 and 864 have put the brakes on many cases before. They can and most likely will ask for your last 3 years tax returns to determine if you are financially capable of supporting yourself and him.

Edited November 19, 2015 by Robby999

[Robby999 1,024]

Here is a link you can use to help you decide a course of action.

http://travel.state.gov/content/visas/en/immigrate/family/fiance-k-1.html#8

[Andrea&Henry 311]

Considering your age unless you have been gainfully employed for the last 3 years I would recommend looking around for a co-sponsor also while you have some time. I am not saying you need one but the 134 and 864 have put the brakes on many cases before. They can and most likely will ask for your last 3 years tax returns to determine if you are financially capable of supporting yourself and him.

Best advice here

[WandY 430]

They don't discriminate based on age (within the legal parameters, that is), but they do discriminate based on economics. If you can't prove financial stability and support, don't expect approval. Without a co-sponsor, you are probably getting denied. I'd go to Vegas on that bet.

[Mike-eeh and Odie 193]

...The thing is though, he's 19 and from Canada and I'm 18. USCIS says they don't discriminate against age, but my mom thinks otherwise...

The USCIS does not discriminate age. So long as you are both of legal age and free to marry, they will happily take your application fee. CO's at interview time are a different matter all together. Despite the overwhelming amount of evidence you may submit in your packages, your fiance still has the burden of proving the bonafides of your relationship. That said, your fiance is from Canada, and it is not a difficult embassy so he should not get too much flack.

...She says, "You filing a petition probably sent up red flags.". She also said that because of the Paris bombings and threats against national security, they're going to want to make sure that he's not coming down for the wrong reasons, like to bomb the US and such...

You set off no red flags, and your mom is only partially correct... they want to make sure he isn't coming down just for an immigration benefit.

...I called USCIS and they said that I need to validate the relationship (like I haven't done so enough!) and I need to prove that I'm not filing this to grant my fiance immigration status.

Expressing your love on paper is not enough. Since a K-1 grants an immigration benefit it is up to you both to prove your relationship is real and on-going. See below.

...What do I do? Suggestions?

The USCIS was kind enough to give you a clue to your RFE. My guess is what I mentioned before, they want you to prove your relationship is real and on-going. So how do you do that? You should have initially front-loaded your petition with a good amount of evidence that you met in person:

1. Passport stamps.

2. Receipts from things you bought or did when together.

3. Airplane itineraries/boarding passes

4. Pictures of you together and with friends and family

You then will have to prove you have an on-going relationship:

1. Pictures of you together and with friends and family at later dates

2. Skype/Social Media logs

3. Texts

4. Emails, cards, snail mail letters

5. Gift receipts

6. Phone/data bills

Once you given them proof of your meeting and on-going relationship, you then will need to prove your finances. They normally ask for 3 years worth of tax returns. If you do not have 3 years of returns and/or meet the minimum requirements (125% over the poverty thresh hold), you will need a co-sponsor.

If you need any other help, we are here for you! Good luck!

Edited November 20, 2015 by Mike-eeh and Odie

[MrsWoodsy 0]

Thank you all for your help! I totally forgot that the financial situation I'm in will put me in a weird position with USCIS. Let me elaborate on this. So, I currently live at home with my mom and step-dad. I commute to university so I can save myself some of the hardship of paying off loans due to on campus living. I've been working since i've been 16 at a seasonal job site, but now i'm working at a diner that pays under the table (so obviously no tax return for next year). My mom is willing to be my fiance's co-sponsor. Is this okay? She can provide years of tax returns. Also, will USCIS have a problem if my fiance is going to be living with me at my Mom's place?

[GandD 5,966]

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[KayDeeCee 4,893]

Thank you all for your help! I totally forgot that the financial situation I'm in will put me in a weird position with USCIS. Let me elaborate on this. So, I currently live at home with my mom and step-dad. I commute to university so I can save myself some of the hardship of paying off loans due to on campus living. I've been working since i've been 16 at a seasonal job site, but now i'm working at a diner that pays under the table (so obviously no tax return for next year). My mom is willing to be my fiance's co-sponsor. Is this okay? She can provide years of tax returns. Also, will USCIS have a problem if my fiance is going to be living with me at my Mom's place?

The USCIS doesn't need your financials. They don't issue visas, and they don't deal with the financials needed for getting one. You won't need the I-134 and supporting documents until later, at the K-1 visa interview. Yes, your mother can be your co-sponsor. They will typically want only the most recent year's tax transcript plus proof of current income, which can be a letter from employer and/or recent pay stubs. If the mom is self-employed, then yes, she can just provide the last 3 years of tax transcripts.

The USCIS also does not decide whether or not you have a valid relationship for getting a visa, since they do not issue visas. The I-129F petition does not require proof of on-going relationship. It does require proof of having met face-to-face within the 2 years prior to filing. There are also other supporting documentation requirements, such as the statements of intent from both of you. You cannot find out what an RFE is for over the phone, despite what the person told you when you called. The USCIS is known as the misinformation line, so keep that in mind. You will not know what your RFE was for until you get the RFE hardcopy letter in the mail.

It makes no difference to the USCIS or the Dept of State(who issues US visas) that you intend to reside with your mother. That is a non-issue.

[Robby999 1,024]

Thank you all for your help! I totally forgot that the financial situation I'm in will put me in a weird position with USCIS. Let me elaborate on this. So, I currently live at home with my mom and step-dad. I commute to university so I can save myself some of the hardship of paying off loans due to on campus living. I've been working since i've been 16 at a seasonal job site, but now i'm working at a diner that pays under the table (so obviously no tax return for next year). My mom is willing to be my fiance's co-sponsor. Is this okay? She can provide years of tax returns. Also, will USCIS have a problem if my fiance is going to be living with me at my Mom's place?

Yes, it is okay if your mom co-sponsors,but if your mom and step-dad file taxes together then you will need him on-board with the co-sponsorship also. If she files taxes separately and her income alone is sufficient then no need to worry about the step-dad. The I-134 is needed prior to your fiance's interview and the I-864 is needed when you and him adjust status after marrying. Keep in mind that although the I-134 only requires you to meet 100% of the poverty level the following I-1864 requires you meet 125% of the Federal poverty limit. I would double check to make sure your co-sponsors income will be adequate for the I-864 requirements also, since the consulate has final say so as to what percentage of the Poverty threshold you must meet before issuing the visa.

Edited November 20, 2015 by Robby999

[KayDeeCee 4,893]

If you want to get started looking into what will be needed and required later for the actual K-1 visa interview, then check out your consulate's info and instructions. Things can, and do, vary from one consulate to the next. They can have different procedures and requirements. Best to know the ones specifically for yours. > http://montreal.usconsulate.gov/visas/visas/fianc-k-1-visas.html

[milimelo 4,481]

I'd find a job that can provide letter from employer and actually gives you a W-2. Under the table job does not.