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Will the age difference between my husband and I impact my immigration case?


It is not uncommon for married couples to have an age difference. However, when there is a large age difference (or age gap), U.S. Citizenship and Immigration Services (USCIS) may question whether the relationship is bona fide (in good faith). When USCIS is suspicious that a marriage is legitimate or that the marriage was entered into merely for immigration benefits, it will deny a marriage-based Green Card case and charge the couple with marriage fraud. A charge of marriage fraud will likely mean that both parties will be ineligible to file a marriage-based Green Card in the future (even if it involves a different person).

Although a large age difference may raise a red flag with an immigration case, it does not mean that the case will be denied. In fact, our office has successfully helped many couples with a large age gap with their immigration case. When there is a large age gap, we strongly encourage the couple to retain an experienced immigration attorney to help collect sufficient evidence to prove that the marriage is real and legitimate. Experienced immigration attorneys will know what types of evidence that a USCIS adjudications officer will use to determine if a marriage is legitimate.

Currently, there is no minimum age required for a U.S. spouse to file an immigrant petition for a foreign national spouse. However, USCIS enacted a policy on April 12, 2019, to ensure the legality of the marriage. USCIS Policy Alert (AFM PA-2019-02) gave guidance to adjudicating officers processing a Form I-130 spousal petition involving minor party (petitioner or beneficiary under 16 years old). Now, any petitions involving a minor party will require an initial interview as a part of the early stages of the adjudication process. Additionally, petitioners or beneficiaries of a spousal petition aged 16 or 17 will additionally be flagged for an initial interview if there is a 10-year or more age difference between the spouses. Click here to read USCIS Policy Alert (AFM PA-2019-02) for Marriage Involving Minors.

The new guidance by USCIS appears to indicate that marriages with a 10-year age difference will be subject to greater scrutiny.

For more information on Will the age difference between my husband and I impact my immigration case, a free consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 777-1236 today. We have two convenient locations in north and south Houston, Texas.

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