K1visa 15 year age difference same-sex from African country

[JeanneAdil 6,504]

14 minutes ago, Van jones said:

Thanx for ur reply. I have all my tax documents and he is aware that he will not be able to work for some time. We have notarized letter from children's welfare that was signed by the other parent giving permission to travel with the childs father. They dont have a family court system in his country. Im prepared for the aos also.

so,   in Africa your biggest hurrdle will be the age difference 

and i experienced a big one and it can be heartbreaking 

Good luck 

[SalishSea 17,829]

1 minute ago, Van jones said:

I will be in sierra leone for the interview. We sent email asking if i could attend but they have not replied yet.

Okay.   With covid, they may not let you into the embassy.   You can give your passport to your fiancé to show as evidence that you are present for the interview, and waiting outside.

[Van jones 11]

1 minute ago, Jorgedig said:

Okay.   With covid, they may not let you into the embassy.   You can give your passport to your fiancé to show as evidence that you are present for the interview, and waiting outside.

Ok thanx will do

[Van jones 11]

3 minutes ago, JeanneAdil said:

so,   in Africa your biggest hurrdle will be the age difference 

and i experienced a big one and it can be heartbreaking 

Good luck 

We are just hoping for the best and giving it our all. Thanx

[African Zealot 1,455]

It appears to me you have a very solid case. I would have thought revealing you’re trans would be a positive in this situation because it would make the consular appreciate that in your case K1 is the only option, not marriage. I say that because anecdotally some officers are more casual about denying k1’s with the thinking that a genuine couple have the option of getting married if denied.

[SalishSea 17,829]

2 minutes ago, African Zealot said:

It appears to me you have a very solid case. I would have thought revealing you’re trans would be a positive in this situation because it would make the consular appreciate that in your case K1 is the only option, not marriage. I say that because anecdotally some officers are more casual about denying k1’s with the thinking that a genuine couple have the option of getting married if denied.

That's a great point.  Hopefully it is an angle to K vs CR visas that officers of the US consulate in Sierra Leone have considered.

 

K-1 also makes more sense in this case because the intending immigrant is a single father, and there is a K-2.

 

And I think ultimately OP has had much more time together in person with her fiance than many K-1s going through African consulates, which counts for a lot.

[Van jones 11]

5 hours ago, African Zealot said:

It appears to me you have a very solid case. I would have thought revealing you’re trans would be a positive in this situation because it would make the consular appreciate that in your case K1 is the only option, not marriage. I say that because anecdotally some officers are more casual about denying k1’s with the thinking that a genuine couple have the option of getting married if denied.

Yes hopefully. I have already explained to my fiance that he may need to go in and explain that during the interview. Thats if he is given a chance. Especially the difference in gender marker on my birth certificate and passport.

[carmel34 3,626]

15 hours ago, Van jones said:

Yes we do have a notarized statement with signature from the childs mother drawn up by the children's welfare office giving my fiance permission to travel with the child.

Sounds like you have a pretty solid case.  Just make sure that the statement from the child's mother makes it clear that she approves of the child immigrating permanently to the US, not just traveling with the father.  Does the statement or other documents show that the father has sole legal custody of his child?  Evidence of your time together in person should be enough to overcome the 15-year age gap, even for Africa.  Best of luck with the visa interview!

[Van jones 11]

5 minutes ago, carmel34 said:

Sounds like you have a pretty solid case.  Just make sure that the statement from the child's mother makes it clear that she approves of the child immigrating permanently to the US, not just traveling with the father.  Does the statement or other documents show that the father has sole legal custody of his child?  Evidence of your time together in person should be enough to overcome the 15-year age gap, even for Africa.  Best of luck with the visa interview!

Thanx for ur reply. So the current statement basically reads that my fiance has been fully responsible for the general maintenance and well being of the child since birth and that she gives her permission for the child to travel with the father for proper care and protection. So is that not enough. Does it need to say that child immigrating permanently?

[Van jones 11]

15 minutes ago, carmel34 said:

Sounds like you have a pretty solid case.  Just make sure that the statement from the child's mother makes it clear that she approves of the child immigrating permanently to the US, not just traveling with the father.  Does the statement or other documents show that the father has sole legal custody of his child?  Evidence of your time together in person should be enough to overcome the 15-year age gap, even for Africa.  Best of luck with the visa interview!

Thanx for ur reply. So the current statement basically reads that my fiance has been fully responsible for the general maintenance and well being of the child since birth and that she gives her permission for the child to travel with the father for proper care and protection. So is that not enough. Does it need to say that child immigrating permanently?

[carmel34 3,626]

13 minutes ago, Van jones said:

Thanx for ur reply. So the current statement basically reads that my fiance has been fully responsible for the general maintenance and well being of the child since birth and that she gives her permission for the child to travel with the father for proper care and protection. So is that not enough. Does it need to say that child immigrating permanently?

For peace of mind prior to the interview, I recommend checking with a knowledgeable attorney in Sierra Leone who also has experience with US immigration in similar circumstances, with one parent taking a minor child out of the country permanently.  The notarized travel permission statement from the mother may not be sufficient, as notarized documents can be easily forged and we see this often from African countries.  It seems unusual to me that there is no official court document showing that the father has sole legal custody of the child.

[Van jones 11]

18 minutes ago, carmel34 said:

For peace of mind prior to the interview, I recommend checking with a knowledgeable attorney in Sierra Leone who also has experience with US immigration in similar circumstances, with one parent taking a minor child out of the country permanently.  The notarized travel permission statement from the mother may not be sufficient, as notarized documents can be easily forged and we see this often from African countries.  It seems unusual to me that there is no official court document showing that the father has sole legal custody of the child.

Ok will do

[Van jones 11]

3 hours ago, Van jones said:

Ok will do

Also in his country they don't have family court. They dont have custody court. I have researched and it is common for them to accept a notarized statement to travel with a child. 

[SalishSea 17,829]

4 hours ago, Van jones said:

Also in his country they don't have family court. They dont have custody court. I have researched and it is common for them to accept a notarized statement to travel with a child. 

Maybe the mother can write up a revised statement acknowledging that the travel will be a permanent move overseas, and that she consents to that?

[Alytes 31]

I too think you have a solid case, but that is only from spending a ton of time reading others stories on here.  I'm glad some of the more knowledgeable folks are chiming in too.  My husband and I have major religion differences, had only spent about 8 weeks over two years together, and have an 18 year age difference (older woman, not common for his country/culture either).  I was so nervous when he had his interview about the religion and age differences and kept quizzing him on ways the subject might come up, but he was so calm and just said our relationship was real and the IO would easily be able to know it if they asked him any questions about me.  He was right.  You have so much time together and I think that the IO will understand that the K1 is the best choice for you two given that marriage isn't an option in Sierra Leone or neighboring countries.  I'll be following your timeline with best wishes for you!