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Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 100583
Experience:  Private practice in several areas, including immigration
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I am a USA citizen. I met a person from India 6 years ago,

Customer Question

Customer: I am a USA citizen. I met a person from India 6 years ago, we have been connected thru e-mails, Skype, phone daily all this time. I went to india 1-1/2 yrs ago to meet his family. We both want to get married. He is 41yrs old(never been married) I am 73yrs old (but pass for 50). We are truly bonded. I was married in the 1960. I am gainfully employed for 10 years now at my current job. I know people might think, some people just want to come to the US. This is not the case, we both truly love each other and want to get married. Pls. let me know if there would be an issue with the age. How can there be a restriction on age if 2 people want to get married. An atty in California said it would be easier to go to India and get married rather than file for the K-1 finance visa. Pls advise and thank you so much for your time...
JA: Thanks. Can you give me any more details about your issue?
Customer: My name is***** there be a problem if I go to India and get married given my age? the k-1 visa is not a guarantee and it takes longer. Thank you..
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Immigration Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: Yes,I'm at work for 2 more hours, Thank you
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information only for educational purposes only, and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Thank you for your question.

1) There is no immediate issue with age. USCIS does not discriminate against individuals that have a wide age difference.

2) However having said that, USCIS may flag this for acute review, meaning that they may be more careful about making sure that this is a marriage based on love, and not convenience. The interview process may be a little more in-depth. for example. However overall, provided that you can illustrate that the marriage is bona fide for love, then there should be no issues.

3) There is no difference in regards to (a) marrying in India and filing for a greencard then, or, (b) asking him to come to USA on a K1 visa and then marrying him here, and then filing for his greencard. However the latter (b) requires more paperwork since you'd essentially be filing for him TWICE - once for the K1 and once for the greencard; whereas the former (a) requires only one filing process - the greencard.

Both the K1 and the greencard are determined on the same basic facts - is the marriage bona fide? Ergo, it does not matter method you choose - it depends on whatever is more convenient for you.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.