Age difference. Your opinion?

[JimAndKrish 0]

Hi. Im really interested in opinions regarding the strength of my case when I file a petition for a spousal visa.

I'll make it as brief as I can. We are two males. Im from US. Spouse is from India. Im 55 he is 30. Red flag? Yes. India a high risk country ? Yes. 

But please give me your opinion on the strength of our case. We met online about Oct 2017. I have text msgs and money transfers for almost the entire time. A year later in Oct 2018 I went to india for a week. I met his family and have pictures with them. I have one boarding pass but not all. I have hotel receipts and souveniers and other misc documents. Then in December of 2019 we met and married in beunos aires. It was a small wedding. Just my partner and myself a translator, the wedding planner and her two friends, and a photographer.  I have our legal marriage license and plenty of pictures and an elaborate affidavit prepared by the wedding planner complete with pics of us shopping for rings and wedding jackets, pictures of our small reception of four people. I also have a video of the complete ceremony recorded by a professional photographer and plenty of wedding pics. I have boarding passes and credit card receipts. And I have a large tattoo prominently showing on my forearm my partners name.. We spent 2 weeks together. I had intended to visit my partner in india at least three times during 2020 to get that all important evidence of spending physical time together. But that didn't happen because of corona. Finally I do understand anyones suspicion that given our age difference that our marriage perhaps was done solely for immigration purposes. But I can only say that after being together for almost four years that im convinced that our love is sincere. We have literally msgd, phoned or videoed every day. So please assume that the marriage is genuine. Ive prepared the petition online several times but it expires each time before I send it in. Im actually afraid of having my petition rejected. Im just wanting hear some opinions regarding my situation and how it could be improved. Should I wait until my partner and I have spent more time together given our age difference? Would filing now be a waste of time and money? I appreciate any input from those whose experience is relevant. Thanks in advance.

[JeanneAdil 6,511]

yes,   the time spent together is only 3 weeks total so that is a red flag

best that you have met his family but not the norm in your country to marry same sex so that will be an issue in your embassy interview

and you know age is the other as you say

 

I would think more time together is a great way to show this is a real relationship even though you have known each other for 4 years (there is little time actually together)

forget sending proof of sending money 

but you can provide evidence of real relationship and the marriage by adding him to your tax returns 

the info on  how to do this is on the IRS site 

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

 

redo 2019 taxes with 1040x if you did not add him then 

forms needed

1.  W7 for ITIN and documents as listed to prove marriage and ID

2.  2555 for exculsion of over $105,000 India income as we have tax treaty with that country

 

https://www.irs.gov/businesses/international-businesses/united-states-income-tax-treaties-a-to-z

 

With this additional proof that you have started to commingle fiances (and some more time together) ,  you should be in better shape to overcome things

but as you stand now with little time together,,   it isn't good 

Best to you both 

 

[ChrissyCO 3]

Hi there! My husband and I have the same age difference, 25 years. I’m 49 and he’s almost 24. He is Belgian, I am a US citizen. We are now awaiting his interview date at the US consulate in Brussels. We’re doing consular processing. We have been together for 2.5 years only. We got married in Belgium 1.5 years ago. I spent all of 2019 traveling back and forth, so we had spent about 6 months together. That may have been why we weren’t flagged or asked for any additional info. He has met my family and we had pictures- I have not met his as they were not happy about the age difference. We did provide all our the hours we spent talking on Skype, which was a lot! I hope this helps! Feel free to ask me any questions about our process. Good luck!

[igoyougoduke 1,656]

2 hours ago, JimAndKrish said:

Hi. Im really interested in opinions regarding the strength of my case when I file a petition for a spousal visa.

I'll make it as brief as I can. We are two males. Im from US. Spouse is from India. Im 55 he is 30. Red flag? Yes. India a high risk country ? Yes. 

But please give me your opinion on the strength of our case. We met online about Oct 2017. I have text msgs and money transfers for almost the entire time. A year later in Oct 2018 I went to india for a week. I met his family and have pictures with them. I have one boarding pass but not all. I have hotel receipts and souveniers and other misc documents. Then in December of 2019 we met and married in beunos aires. It was a small wedding. Just my partner and myself a translator, the wedding planner and her two friends, and a photographer.  I have our legal marriage license and plenty of pictures and an elaborate affidavit prepared by the wedding planner complete with pics of us shopping for rings and wedding jackets, pictures of our small reception of four people. I also have a video of the complete ceremony recorded by a professional photographer and plenty of wedding pics. I have boarding passes and credit card receipts. And I have a large tattoo prominently showing on my forearm my partners name.. We spent 2 weeks together. I had intended to visit my partner in india at least three times during 2020 to get that all important evidence of spending physical time together. But that didn't happen because of corona. Finally I do understand anyones suspicion that given our age difference that our marriage perhaps was done solely for immigration purposes. But I can only say that after being together for almost four years that im convinced that our love is sincere. We have literally msgd, phoned or videoed every day. So please assume that the marriage is genuine. Ive prepared the petition online several times but it expires each time before I send it in. Im actually afraid of having my petition rejected. Im just wanting hear some opinions regarding my situation and how it could be improved. Should I wait until my partner and I have spent more time together given our age difference? Would filing now be a waste of time and money? I appreciate any input from those whose experience is relevant. Thanks in advance.

The fact that you have not spent time together is definitely a red flag and the age difference. if he is 30 considering lots of indians will do anything to get to US, there is another red flag. Officer might think he is just using you to get to US and considering India is not so straight up with gay marriages.  Not a strong case for approval at your stage.  Dont hate the messenger, its just the facts.  Zoom communication really does not count when it comes to immigration considering lots of fraud from third nationals.

[JimAndKrish 0]

Thanks. I definitely don't hate the messenger. I really wanted to hear some honest opinions about my situation. I've read alot of posts on visajourney and I suspected that getting a visa would be tough. Its disappointing. Thanks for your response.

[JimAndKrish 0]

On 3/14/2021 at 8:27 PM, JeanneAdil said:

yes,   the time spent together is only 3 weeks total so that is a red flag

best that you have met his family but not the norm in your country to marry same sex so that will be an issue in your embassy interview

and you know age is the other as you say

 

I would think more time together is a great way to show this is a real relationship even though you have known each other for 4 years (there is little time actually together)

forget sending proof of sending money 

but you can provide evidence of real relationship and the marriage by adding him to your tax returns 

the info on  how to do this is on the IRS site 

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

 

redo 2019 taxes with 1040x if you did not add him then 

forms needed

1.  W7 for ITIN and documents as listed to prove marriage and ID

2.  2555 for exculsion of over $105,000 India income as we have tax treaty with that country

 

https://www.irs.gov/businesses/international-businesses/united-states-income-tax-treaties-a-to-z

 

With this additional proof that you have started to commingle fiances (and some more time together) ,  you should be in better shape to overcome things

but as you stand now with little time together,,   it isn't good 

Best to you both 

 

Thanks for the information.  I did some research regarding income taxes and eventually spoke with an enrolled agent. She might be wrong but she said now if your spouse is not living in the U.S. you are no longer able to file married filing jointly. Im not 100 percent convinced that she is correct. But I think I will try it anyway

[JeanneAdil 6,511]

1 minute ago, JimAndKrish said:

Thanks for the information.  I did some research regarding income taxes and eventually spoke with an enrolled agent. She might be wrong but she said now if your spouse is not living in the U.S. you are no longer able to file married filing jointly. Im not 100 percent convinced that she is correct. But I think I will try it anyway

I added Adil to 2010 taxes as we married and use the ITIN till he came 5 years later in 2015

the agent is wrong

follow what IRS says   they are the boss for taxes and rules

[JimAndKrish 0]

24 minutes ago, JeanneAdil said:

I added Adil to 2010 taxes as we married and use the ITIN till he came 5 years later in 2015

the agent is wrong

follow what IRS says   they are the boss for taxes and rules

Thanks for response. Much appreciated!

[JKLSemicolon 413]

4 hours ago, JimAndKrish said:

Thanks for the information.  I did some research regarding income taxes and eventually spoke with an enrolled agent. She might be wrong but she said now if your spouse is not living in the U.S. you are no longer able to file married filing jointly. Im not 100 percent convinced that she is correct. But I think I will try it anyway

This is not correct. You can file jointly, but there is a specific process that you have to follow. See here:

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse