Supporting Evidences for Large Age gaps for Spouses from Third World Countries

[AfroKing 48]

Hi Everyone,

 

I understand this topic had been raised in the past on this platform, but it was riddled with lots controversies. I will appreciate if the replies to my questions stays within the scope and not all the "should have", could have". Nonetheless, all perspective would be appreciated.

 

I will use my petition as a case study and hopefully, others would learn from the answers provided me. This is how it goes

 

1. Met my wife online and we talked and learnt about each other and family(dated) for 2 years before planning to meet

2. We have a large age gap of 18 years, I'm in my mid 30's Single, Never Married and never had a kid(can't anyways) and She's in her early 50's, Divorced with two kids. 

3. After two years of constant communication, She flew down to meet the family and spent a week and three days because of the nature of her job

4. She flew down the following year and stayed a Month. During this time, we got married in a very small Registry ceremony attended by my immediate relative and siblings due to Covid

5. After weighing the option of where we would live, here or the U.S we decided to file after 8 months of Marriage.

6. In my petition, i filled "Unemployed" because i was a freelance  Agriculturist and a content Producer with no register Company name. As the form required a company name if you filled Employed

7. Yes, I did put the money transfer slips of money she has sent into my Bank Account as part of financial comingling. She helps out sometimes but larger part was for the purchase of African dresses she loves. Trust me, everything in our package came from the advice here and lots of people specify nothing wrong in putting money transfer out

8. We are awaiting the approval of from USCIS which we front loaded with pictures and conversation proofs over the year.

 

NOW MY QUESTION:

Since i come from a third world country with its history, I will like to prepare ahead, so as to gather stronger proof to show this relationship is legitimate.

 

Going forward, what are the things we should do ahead? 1. She is going to change her LIfe insurance beneficiary to my name and 2. We are thinking of putting me on her tax return and i will like to be Educated on the best way we could go around this. What other things do you thing we should gather tp provide us strong evidence and she visits me Once every year except for last year due to inability to get a Visa.

 

 

N>B: I'm sorry for the Long write up. I just want to provide a full picture so i would be well advised. She's reading this too, smiles

 

[Allaboutwaiting 2,503]

As you already know, the people from some countries are more scrutinized than others. 

Interviewing officers are well versed not just on the immigration specifics but on cultural aspects as well. This, believe it or not, can play in your advantage, as they are well trained into detecting specific details that a novice would not notice. 

 

With that being said, you need to consider that even with a very strong case, your are dealing with humans that despite following protocols properly and having years of experience, can make a mistake. 

 

That's why, it is impossible to design a set of conditions that would make a case foolproof.

 

Now, focusing on your case: I would advise not placing all the responsibility on her; don't paint a picture where you completely depend on her; present yourselves as a couple in a healthy loving but most of all reciprocal relationship where both give and take. 

 

 

[JeanneAdil 6,671]

Timelines are so important for us to know when u married and when u applied

no timeline so i am reading a past post of yours which looks like married 2021 and filed last spring 

 

USC should file as married (either joint or separate but joint shows u start to commingle assets and makes your case stronger)

IRS is slow (per their announcement to do tax returns this year for all of us) so following the iRS site to apply for his ITIN will not slow them down as we are looking at slow returns 

 

follow IRS guides 

 

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

 

important is the amount of time u spend together 

and u r still looking at about a year to get to the interview (if spring 2021 petition)

Nigerian should do a POA to give spouse the right to do business in the US in in his name (to add name to bank account after the ITIN is assigned) 

u can both do a will assigning the other as a beneficary (along with her children)

[AfroKing 48]

12 minutes ago, Allaboutwaiting said:

As you already know, the people from some countries are more scrutinized than others. 

Interviewing officers are well versed not just on the immigration specifics but on cultural aspects as well. This, believe it or not, can play in your advantage, as they are well trained into detecting specific details that a novice would not notice. 

 

With that being said, you need to consider that even with a very strong case, your are dealing with humans that despite following protocols properly and having years of experience, can make a mistake. 

 

That's why, it is impossible to design a set of conditions that would make a case foolproof.

 

Now, focusing on your case: I would advise not placing all the responsibility on her; don't paint a picture where you completely depend on her; present yourselves as a couple in a healthy loving but most of all reciprocal relationship where both give and take. 

 

 

Thanks. i agree with you but i think the norm and culture of a place don't really define an individual. Most cultural beliefs and practises are old fashioned and i believe people have learnt to liberate themselves from that shackles. That said, we know we have an healthy relationship, but what would you suggest would proof that more in "Evidence", lets say you're a consular. LIke looking at it from the eyes of a consular.

 

I appreciate your input and i look forward to learn more from any further ideas. Thanks

[Allaboutwaiting 2,503]

Just now, AfroKing said:

Thanks. i agree with you but i think the norm and culture of a place don't really define an individual. Most cultural beliefs and practises are old fashioned and i believe people have learnt to liberate themselves from that shackles. That said, we know we have an healthy relationship, but what would you suggest would proof that more in "Evidence", lets say you're a consular. LIke looking at it from the eyes of a consular.

 

I appreciate your input and i look forward to learn more from any further ideas. Thanks

I'd like to evidence see that the relationship is even and ongoing.

 

As an example of specific evidence: receipts of gifts you've bought for each other, phone bills showing you've called each other, maybe chats of you both discussing plans for the future. 

[AfroKing 48]

14 minutes ago, JeanneAdil said:

Timelines are so important for us to know when u married and when u applied

no timeline so i am reading a past post of yours which looks like married 2021 and filed last spring 

 

USC should file as married (either joint or separate but joint shows u start to commingle assets and makes your case stronger)

IRS is slow (per their announcement to do tax returns this year for all of us) so following the iRS site to apply for his ITIN will not slow them down as we are looking at slow returns 

 

follow IRS guides 

 

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

 

important is the amount of time u spend together 

and u r still looking at about a year to get to the interview (if spring 2021 petition)

Nigerian should do a POA to give spouse the right to do business in the US in in his name (to add name to bank account after the ITIN is assigned) 

u can both do a will assigning the other as a beneficary (along with her children)

I'm sorry for the lack of timeline. We married 2020 and filed August 2021. Yes, as i like to prepare ahead, that's why i'm seeking wisdom

 from here as we have a year or more to interview.

 

Yea, would filling jointly not mean that my income here would be taxed by the United State IRS?

What do you mean by POA, please can you clarify?

She has been to the bank to open a joint account for us in 2019 but they had requested that i have an SSN or physically present. So, i would make her ask if an ITIN would be possible.

 

 

[AfroKing 48]

Just now, Allaboutwaiting said:

I'd like to evidence see that the relationship is even and ongoing.

 

As an example of specific evidence: receipts of gifts you've bought for each other, phone bills showing you've called each other, maybe chats of you both discussing plans for the future. 

oh yea, we included those in I-130 and still continuing. We have no phone bills though, whatsapp calls does it better. We have all these but i think this are considered secondary evidences. 

 

Thanks so much  for your input

[Allaboutwaiting 2,503]

9 minutes ago, AfroKing said:

oh yea, we included those in I-130 and still continuing. We have no phone bills though, whatsapp calls does it better. We have all these but i think this are considered secondary evidences. 

 

Thanks so much  for your input

You are in a long distance relationship and commingling finances is not that easy. IO's tend to be understanding in that regard. 

 

Is she the only one sending money? 

 

And not everything has to be financial; as @JeanneAdil mentioned, you can write a will, a power of attorney or a healthcare proxy.

Edited January 29, 2022 by Allaboutwaiting

[AfroKing 48]

10 minutes ago, Allaboutwaiting said:

You are in a long distance relationship and commingling finances is not that easy. IO's tend to be understanding in that regard. 

 

Is she the only one sending money? 

yes nothing ever exceeding 200bucks, but its mostly when she wants to come around and its mostly for her personal spending like Native clothes and beads for her siblings , i fund the hotel and every other thing. I have only sent her once. I asked many people here when we were about to file and they said its nothing wrong as that proofs we trust each other to exchange funds. 

[Allaboutwaiting 2,503]

17 minutes ago, AfroKing said:

yes nothing ever exceeding 200bucks, but its mostly when she wants to come around and its mostly for her personal spending like Native clothes and beads for her siblings , i fund the hotel and every other thing. I have only sent her once. I asked many people here when we were about to file and they said its nothing wrong as that proofs we trust each other to exchange funds. 

Then include that as evidence. 

[AfroKing 48]

36 minutes ago, Allaboutwaiting said:

You are in a long distance relationship and commingling finances is not that easy. IO's tend to be understanding in that regard. 

 

Is she the only one sending money? 

 

And not everything has to be financial; as @JeanneAdil mentioned, you can write a will, a power of attorney or a healthcare proxy.

Should the POA be made by the USC or by the beneficiary or we can both get one done in our respective countries giving power of attorney to each other? Thanks 

[Rocio0010 5,638]

1 hour ago, AfroKing said:

Trust me, everything in our package came from the advice here and lots of people specify nothing wrong in putting money transfer out

Really? Can you post that?

[Allaboutwaiting 2,503]

1 hour ago, AfroKing said:

Should the POA be made by the USC or by the beneficiary or we can both get one done in our respective countries giving power of attorney to each other? Thanks 

Both. 

[ovi666 7]

6 hours ago, AfroKing said:

Thanks. i agree with you but i think the norm and culture of a place don't really define an individual. Most cultural beliefs and practises are old fashioned and i believe people have learnt to liberate themselves from that shackles.

 

I feel you brother. In my culture falling for someone with a certain skin tone is a taboo, yet I fell for my beautiful wife who happens to be an African.

[carmel34 3,657]

11 hours ago, AfroKing said:

3. After two years of constant communication, She flew down to meet the family and spent a week and three days because of the nature of her job

4. She flew down the following year and stayed a Month. During this time, we got married in a very small Registry ceremony attended by my immediate relative and siblings due to Covid

With the large age gap and high incidence of immigration fraud in Nigeria, evidence of time spent together, in person, will be your primary proof.  Did your wife include, with the I-130 petition, documents such as copies of her passport stamps showing entry/exit from Nigeria, original boarding passes from those trips, hotel receipts while staying with you, and a few photos of the two of you together?  At least you did not marry on her first visit, that is a red flag.  You did marry on her second visit so you are wise to gather more evidence.  Five or six weeks together is pretty strong if the evidence mentioned was sent.  She should visit you again as often as she can while waiting for petition to be adjudicated.  Upload all of the additional documents to support the visits and financial co-mingling via CEAC at the NVC stage, after the petition is approved.  Don't miss this opportunity, because if you wait and just take the additional documentation to the visa interview, the officer may not even look at it, as they review the file prior to the interview and make a preliminary judgment.  Good luck!