K! VISA concern (fiancee is much younger and is cousin)

[jakelake 222]

I am a naturalized American born in Haiti. I am interested in marrying my girlfriend who lives in Haiti. I am not sure which process would be best for the both of us.

I have 2 concerns that I feel may hinder our case.

First, I am 50 years old and she is 26 years old. That age gap could almost certainly raise a red flag. The other red flag is that my girlfriend is also my cousin first removed. We have kept it a secret so far from our families. However, our families want me to marry her so that she can enter the US and they expect us to divorce.

A divorce is definitely not what we want since we do love each other, albeit a secret to everyone but any talk of divorce would certainly lead to a denial of visa or green card. If we do get married and she is able to enter the US, we will later inform the our families that we intend on remaining married.

My girlfriend and I have known each other for about 8 years but we have been together romantically for only about 3 years. I have visited her almost every year and we talk on the phone several times a week.

How do we prove that this is a bona fide relationship despite what our families think and how should we handle the age gap and the cousin first-removed issue?

Have you ever come across a situation that deals with age gap and blood relatives?

I would like to know what the time line, on average for 2016, is for the K1 Visa process for Haiti?

Finally, though the process may be longer, would marrying in Haiti and getting a spousal visa be better?

Thanks.

[soulstriker 274]

that age is way to much , i dont see how any CO would favor that , your fiance being your cousin is also a big red flag , k1 in 2016 takes like 4 - 7 months , maybe longer if u get RFEs or have a complex case

[Merrytooth 5,748]

our families want me to marry her so that she can enter the US and they expect us to divorce.

Sounds like immigration fraud for sole purpose of obtaining green card.

And how would you know if your cousin won't succumb to family pressure and divorce you once she has the green card?

[milimelo 4,479]

Check first your state laws on cousin marriage as USCIS will certainly determine your petition's fate on those laws - among other things.

[Unidentified 2,930]

I am a naturalized American born in Haiti. I am interested in marrying my girlfriend who lives in Haiti. I am not sure which process would be best for the both of us.

I have 2 concerns that I feel may hinder our case.

First, I am 50 years old and she is 26 years old. That age gap could almost certainly raise a red flag. The other red flag is that my girlfriend is also my cousin first removed. We have kept it a secret so far from our families. However, our families want me to marry her so that she can enter the US and they expect us to divorce.

A divorce is definitely not what we want since we do love each other, albeit a secret to everyone but any talk of divorce would certainly lead to a denial of visa or green card. If we do get married and she is able to enter the US, we will later inform the our families that we intend on remaining married.

My girlfriend and I have known each other for about 8 years but we have been together romantically for only about 3 years. I have visited her almost every year and we talk on the phone several times a week.

How do we prove that this is a bona fide relationship despite what our families think and how should we handle the age gap and the cousin first-removed issue?

Have you ever come across a situation that deals with age gap and blood relatives?

I would like to know what the time line, on average for 2016, is for the K1 Visa process for Haiti?

Finally, though the process may be longer, would marrying in Haiti and getting a spousal visa be better?

Thanks.

This sounds very much like fraud.

[jakelake 222]

Check first your state laws on cousin marriage as USCIS will certainly determine your petition's fate on those laws - among other things.

The state I live in is fine with cousin marriages and she's actually my cousin once removed.

The ultimate decision is between me and her. What our families may want is different from what we want. I do not consider what we are doing fraud.

While the situation has a lot of red flags, that does not mean it's a fraud. We have to establish that it is a bona fide relationship.

[Rc123rc 528]

Check your state but I believe in NY First Cousin Once Removed is OK to marry. However, I think your going to have a really hard time convincing Immigration that this is a bona fide relationship. I'm not sure what you mean that you have kept your relationship secret from your families but they you want her to marry her? So, your family wants you to marry her but not have a relationship? I'm guessing they are looking for monetary support and a way to get to the United States. Nope, your chances are looking very very small. Even if you marry in Haiti, I think you might have a denial. Too many red flags.

[jakelake 222]

I don't think that it is as bad as it seems.

I will probably start the process in September or October.

[Ebunoluwa 6,136]

The age gap is a fraud indicator according to the embassy fraud referral sheet, meaning they will look deep and scrutinize

and may even put you in AP for a home field investigation snooping around in your neighborhood, asking friends and family about

you as a couple.
You have to overcome that with lots of bona fide relationship evidence and many have done that successfully.

The cousin issue depends on your state but will often be looked at as indicative of fraud and deemed for immigration benefits only,

meaning CO's know that often cousins bring one another over and then divorce, the very thing that your family has suggested which is fraud.

I understand you have no intention to commit fraud but I advise you to be open with your family, confront them and tell them the truth

that you are in love and will not commit fraud and stay married (as you intent to) or else there can be big problems later from disgruntled

family members and during background checks.

Agreeing to fraud in order to hide the truth from family and appease them is still fraud and USCIS and the embassy will see it as such

no matter if your intention is bona fide and genuine. One slip up or finding from the investigation (correspondence for example)

and you can be held liable for fraud. Be a man and stand up to your family.

A K1 would likely not be approved with your red flags and a CR1 spousal visa would be the route to go once you have confronted

the family about your true intentions. Distance yourself from anything that even smells like fraud and from anyone that suggests it

or it won't end well for you. I guarantee it.

[Adil & Jeanne 296]

https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States_by_state

you will see by this chart you can marry in NY state your cousin first removed

some have a bigger age gap than you

but as soon as they check with family and find out she is suppose to divorce you, your chances for visa are slim

[Unidentified 2,930]

https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States_by_state

you will see by this chart you can marry in NY state your cousin first removed

some have a bigger age gap than you

but as soon as they check with family and find out she is suppose to divorce you, your chances for visa are slim

Do you really think they would be dumb enough to reveal their fraud plans?

[Jacmel87 0]

Today i learn something new, i had never heard of "first cousin once removed" until i read your thread loll...i have always refere to my second cousins as just cousins. At first i taught wow do u really want to marry your cousin hmmm and to make it worst you are so much older than her and also a diaspora, than I realize its actually your second cousin which is not too bad eventhough I probably wont do it my self. To answer your question Haiti is a very tough counsulate to get thru and once they realize you guys are family by blood its almost a garantee of a denial so like others have say you have to build a strong relationship with plenty of proofs. you have a tough process ahead of you so good luck!

Edited August 11, 2016 by Jacmel87

[jan22 3,056]

Do you really think they would be dumb enough to reveal their fraud plans?

And do you really think that the consular officers would be dumb enough not to look VERY caarefully at this case and find out these family plans? No matter how careful people think they are being, unless they are experienced professional criminals, there is almost always something that can be found that reveals the true intent if a case is looked at carefully enough. Do some cases get through -- yes, of course. But when a case already starts with a big red flag or two (age difference and biological relationship), guaranteed they will be looking to ensure there is no fraud involved and a family member's statements about planned divorce might be the downfall.

OP: You need to have your family to know your true plans and be able to discuss them convincingly if/when questioned about your relationship.

Edited August 11, 2016 by jan22

[Jacmel87 0]

Do you really think they would be dumb enough to reveal their fraud plans?

you will be suprise how many people do under pressure from the consulate. I have heard plenty of story's of that happening.

[sparclight 9]

Just get a good lawyer and go for it...ya never know!