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


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

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