AOS Age Difference

[Old Dominion 26]

Anyone with experience getting AOS with a 40-yr age difference between husband & wife? Interview upcoming in August....so far, no problem....married Oct. 2007. She was already in US when we met.

[gyi 1]

I hope not I have a 28 year, difference

[christera22 8]

May others reply.I am 25 yrs elder than him.............I dnt think age difference matters anything as per I have researched.All that matters is bonafide marriage and if AOS is being done through B1/B2 then there shd have been no intent to do so.Thats all that matters.Senior VJ ers may add their comments !! I am kind of inquisitive can u reply who is what age ??

Edited June 28, 2008 by christera22

[ELW 5]

We have a 16-year age difference. I agree with christera22, usually doing AOS in USA there is no question about the age difference; just provide lots of proof of relationship like joint accounts, living together, photos etc., and you will be OK. Usually problems with age difference come up at the foreign Consulate level. In some countries, age difference is a red flag (much more so if the elder one is the female US Citizen). But I repeat, I haven't heard of any problems with those doing AOS in USA.

[pushbrk 12,979]

Anyone with experience getting AOS with a 40-yr age difference between husband & wife? Interview upcoming in August....so far, no problem....married Oct. 2007. She was already in US when we met.

I never cease to be amazed at how many ask this question and don't say which partner is older. Age differences in and of themselves are not reasons for denial but they certainly can be considered as part of the totality of circumstances. Culture is also considered. For instance its much more difficult to buy the bona fides of couple where the woman is 40 years older than the man and even more difficult if such a relationship is even more uncommon in the culture of one or more of the parties.

So, if you want meaningful opinions, provide enough information to paint the picture for us.

Edited June 28, 2008 by pushbrk

[Old Dominion 26]

Anyone with experience getting AOS with a 40-yr age difference between husband & wife? Interview upcoming in August....so far, no problem....married Oct. 2007. She was already in US when we met.

I never cease to be amazed at how many ask this question and don't say which partner is older. Age differences in and of themselves are not reasons for denial but they certainly can be considered as part of the totality of circumstances. Culture is also considered. For instance its much more difficult to buy the bona fides of couple where the woman is 40 years older than the man and even more difficult if such a relationship is even more uncommon in the culture of one or more of the parties.

So, if you want meaningful opinions, provide enough information to paint the picture for us.

The husband (USC) is older.

[Tom_Jim 40]

Anyone with experience getting AOS with a 40-yr age difference between husband & wife? Interview upcoming in August....so far, no problem....married Oct. 2007. She was already in US when we met.

I never cease to be amazed at how many ask this question and don't say which partner is older. Age differences in and of themselves are not reasons for denial but they certainly can be considered as part of the totality of circumstances. Culture is also considered. For instance its much more difficult to buy the bona fides of couple where the woman is 40 years older than the man and even more difficult if such a relationship is even more uncommon in the culture of one or more of the parties.

So, if you want meaningful opinions, provide enough information to paint the picture for us.

This is precisely what our lawyer said. He's seen cases where AOS was severely delayed, and in one case, his one client was denied AOS because in part, of the age difference. Also, they did not do well on their second interview.

He also mentioned, that dependent on what country the beneficiary is from, USCIS weighs this also when adjudicating. Particularly, according to him, from subsaharan Africa. As long as the marriage is bona fide, there shouldn't be a worry.

[pushbrk 12,979]

Anyone with experience getting AOS with a 40-yr age difference between husband & wife? Interview upcoming in August....so far, no problem....married Oct. 2007. She was already in US when we met.

I never cease to be amazed at how many ask this question and don't say which partner is older. Age differences in and of themselves are not reasons for denial but they certainly can be considered as part of the totality of circumstances. Culture is also considered. For instance its much more difficult to buy the bona fides of couple where the woman is 40 years older than the man and even more difficult if such a relationship is even more uncommon in the culture of one or more of the parties.

So, if you want meaningful opinions, provide enough information to paint the picture for us.

The husband (USC) is older.

So, is she 18 and he's 58 or she's 28 and he's 68? Paint us a picture here, so we can help you best assess your difficulties and address the bona fides. Include some information about your bona fides, like how you met, how many visits, how long you knew each other before engagement or marriage.

Really, 40 years is going to be an uphill battle on the bona fides.

Under what visa or status did she enter the US? Has a fiance(e) or spouse visa interview already been passed?

Edited June 29, 2008 by pushbrk

[christera22 8]

i agree to pushbrk.......you shd tell your story openly here so that senior people can help you ....... we are all here to help you ...Thanks !!

[Heliosphan 1]

Anyone with experience getting AOS with a 40-yr age difference between husband & wife? Interview upcoming in August....so far, no problem....married Oct. 2007. She was already in US when we met.

I never cease to be amazed at how many ask this question and don't say which partner is older. Age differences in and of themselves are not reasons for denial but they certainly can be considered as part of the totality of circumstances. Culture is also considered. For instance its much more difficult to buy the bona fides of couple where the woman is 40 years older than the man and even more difficult if such a relationship is even more uncommon in the culture of one or more of the parties.

So, if you want meaningful opinions, provide enough information to paint the picture for us.

The husband (USC) is older.

So, is she 18 and he's 58 or she's 28 and he's 68? Paint us a picture here, so we can help you best assess your difficulties and address the bona fides. Include some information about your bona fides, like how you met, how many visits, how long you knew each other before engagement or marriage.

Really, 40 years is going to be an uphill battle on the bona fides.

Under what visa or status did she enter the US? Has a fiance(e) or spouse visa interview already been passed?

You really shouldn't have to be pulling teeth for information if they're the one's that want advice.

[pushbrk 12,979]

Anyone with experience getting AOS with a 40-yr age difference between husband & wife? Interview upcoming in August....so far, no problem....married Oct. 2007. She was already in US when we met.

I never cease to be amazed at how many ask this question and don't say which partner is older. Age differences in and of themselves are not reasons for denial but they certainly can be considered as part of the totality of circumstances. Culture is also considered. For instance its much more difficult to buy the bona fides of couple where the woman is 40 years older than the man and even more difficult if such a relationship is even more uncommon in the culture of one or more of the parties.

So, if you want meaningful opinions, provide enough information to paint the picture for us.

The husband (USC) is older.

So, is she 18 and he's 58 or she's 28 and he's 68? Paint us a picture here, so we can help you best assess your difficulties and address the bona fides. Include some information about your bona fides, like how you met, how many visits, how long you knew each other before engagement or marriage.

Really, 40 years is going to be an uphill battle on the bona fides.

Under what visa or status did she enter the US? Has a fiance(e) or spouse visa interview already been passed?

You really shouldn't have to be pulling teeth for information if they're the one's that want advice.

It is what it is. Some people come to these forums seeking a simple answer to a single question when what they really have is a complicated set of circumstances that must be evaluated completely before a meaningful answer can be given. We can either educate them accordingly or leave them blowing in the wind.

[mybackpages 0]

This is precisely what our lawyer said. He's seen cases where AOS was severely delayed, and in one case, his one client was denied AOS because in part, of the age difference. Also, they did not do well on their second interview.

He also mentioned, that dependent on what country the beneficiary is from, USCIS weighs this also when adjudicating. Particularly, according to him, from subsaharan Africa. As long as the marriage is bona fide, there shouldn't be a worry.

I'd only clarify this statement in red to say as long as you can prove it, there shouldn't be a problem. There are couples with legitimate relationships who have been denied or faced a difficult interview because they were not prepared with evidence to overcome the red flags.

The burden of proof is on the beneficiary to demonstrate the marriage is bona fide. Can;t stress the importance of being sure the evidence addresses the uniqueness of each situation.

[Tom_Jim 40]

This is precisely what our lawyer said. He's seen cases where AOS was severely delayed, and in one case, his one client was denied AOS because in part, of the age difference. Also, they did not do well on their second interview.

He also mentioned, that dependent on what country the beneficiary is from, USCIS weighs this also when adjudicating. Particularly, according to him, from subsaharan Africa. As long as the marriage is bona fide, there shouldn't be a worry.

I'd only clarify this statement in red to say as long as you can prove it, there shouldn't be a problem. There are couples with legitimate relationships who have been denied or faced a difficult interview because they were not prepared with evidence to overcome the red flags.

The burden of proof is on the beneficiary to demonstrate the marriage is bona fide. Can;t stress the importance of being sure the evidence addresses the uniqueness of each situation.

In the abstract, it's actually the USCIS that has the burden to prove whether or not a marriage was entered for an immigration benefit. As for couples being denied because of lack of preparation, I haven't found one instance BIA decisions, nor the IJ docket, nor the administrative decisions on USCIS.

[pushbrk 12,979]

This is precisely what our lawyer said. He's seen cases where AOS was severely delayed, and in one case, his one client was denied AOS because in part, of the age difference. Also, they did not do well on their second interview.

He also mentioned, that dependent on what country the beneficiary is from, USCIS weighs this also when adjudicating. Particularly, according to him, from subsaharan Africa. As long as the marriage is bona fide, there shouldn't be a worry.

I'd only clarify this statement in red to say as long as you can prove it, there shouldn't be a problem. There are couples with legitimate relationships who have been denied or faced a difficult interview because they were not prepared with evidence to overcome the red flags.

The burden of proof is on the beneficiary to demonstrate the marriage is bona fide. Can;t stress the importance of being sure the evidence addresses the uniqueness of each situation.

In the abstract, it's actually the USCIS that has the burden to prove whether or not a marriage was entered for an immigration benefit. As for couples being denied because of lack of preparation, I haven't found one instance BIA decisions, nor the IJ docket, nor the administrative decisions on USCIS.

In this case I think "because of" means "as a result of". People who are not prepared to show evidence sufficient to convince the Conoff their relationship is bona fide will be denied as a result of not being sufficiently prepared. The reason given will be that the Conoff has concluded the marriage was entered into for immigration benefit rather than bona fide relationship. The conclusion, right or wrong will have been reached because of lack of preparation. In some cases, the Conoff is right to conclude this, so it's quite possible no amount of preparation would have been sufficient.

Interchange Conoff with USCIS adjudicator for Adjustment of Status but the principle applies equally to both.

Edited June 29, 2008 by pushbrk

[Tom_Jim 40]

This is precisely what our lawyer said. He's seen cases where AOS was severely delayed, and in one case, his one client was denied AOS because in part, of the age difference. Also, they did not do well on their second interview.

He also mentioned, that dependent on what country the beneficiary is from, USCIS weighs this also when adjudicating. Particularly, according to him, from subsaharan Africa. As long as the marriage is bona fide, there shouldn't be a worry.

I'd only clarify this statement in red to say as long as you can prove it, there shouldn't be a problem. There are couples with legitimate relationships who have been denied or faced a difficult interview because they were not prepared with evidence to overcome the red flags.

The burden of proof is on the beneficiary to demonstrate the marriage is bona fide. Can;t stress the importance of being sure the evidence addresses the uniqueness of each situation.

In the abstract, it's actually the USCIS that has the burden to prove whether or not a marriage was entered for an immigration benefit. As for couples being denied because of lack of preparation, I haven't found one instance BIA decisions, nor the IJ docket, nor the administrative decisions on USCIS.

In this case I think "because of" means "as a result of". People who are not prepared to show evidence sufficient to convince the Conoff their relationship is bona fide will be denied as a result of not being sufficiently prepared. The reason given will be that the Conoff has concluded the marriage was entered into for immigration benefit rather than bona fide relationship. The conclusion, right or wrong will have been reached because of lack of preparation. In some cases, the Conoff is right to conclude this, so it's quite possible no amount of preparation would have been sufficient.

Interchange Conoff with USCIS adjudicator for Adjustment of Status but the principle applies equally to both.

It's my understanding, that being denied at the AOS interview is extremely rare. Usually, if they are suspicious, they allow the beneficiary and sponsor to gather more evidence to satisfy the AO in the form of an RFE. According to my lawyer who was a USCIS adjudicator, usually with cases such as this with large age differences (many of which he's adjudicated as an AO, and represented as an immigration lawyer), they conduct a Stokes on both of them. It used to be, that they would wait a few days to do it, but according to him, many couples that face deeper scrutiny are given the Stokes the same day. This apparently is a new development. In any event, I understand what you're saying at the outset of your response.