If I married a US citizen but he is older than I am, will this affect on the decision for a status adjustment?

I just got married 10 days ago and my husband wants to petition for me. He is 12 years older than I am but still I love him so much. And the other thing is we can’t live together right now, since our faith does not allowed it until we get married in church. Will this affect too? And even though we just got married, should he apply now or he should wait?

Asked on August 14, 2012 under Immigration Law, Indiana

Answers:

Harun Kazmi / Kazmi and Sakata Attorneys at Law

Answered 8 years ago | Contributor

The age difference may be a red flag for some cases. I generally see them question marriages when it is more than 12 years. However, you show ample other proof that the marriage is real. Cohabitation is a requirement for marriage cases. You should get married in the Church immediately, and then file for your case. However, this will also depend on your existing visa status. Feel free to email or call if you have additional questions: 858-874-0711. harun@ksvisalaw.com

 

Chris Miao / The Law Office of Lee & Miao, PLLC

Answered 8 years ago | Contributor

If you are in jeopardy of being out of status, then you should apply sooner than later.  There are many factors that the USCIS takes into account when determining if your marriage is valid.  There are many instances where the married couple has a large discrepancy between their respective ages.  I would advise you to seek an attorney to help you navigate the application process.  My email is c.miao@leemiaolaw.com


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.