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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29023
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Will an extreme difference in our ages make a difference? We

Customer Question

will an extreme difference in our ages make a difference? We are truly wanting to get married and make a life together. I am 70 years old (female) I have been divorced since 1979. He is 25 and never been married living in Nigeria. We have been faithful to each for over a year now. I can not make a trip to Nigeria to meet him, we are on the chat line for hours each day. we have emails and have used skype. I have a back problem which will not permit me to sit for lengthy periods. My previous husband was 19 when I married him and I was 28.
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: not yet. we are gathering information
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: I will never marry again if I cannot marry him. he likes older white women and I like younger men. We are so committed to each other. he is such a pleasure to me
Submitted: 2 months ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 2 months ago.

Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

Expert:  Judith Ludwic replied 2 months ago.

I have 37 years experience as an immigration lawyer.

Oh, I wish could say an age gap of several years has no impact on a spousal or fiance petition but it is one of the flags.

The other flag I saw before even getting to the end of your question is Nigeria.

Any, and I mean any petition, involving a citizen of Nigeria marrying or being engaged to a US citizen is automatically suspect and scrutinized.

Further, you are asking for a waiver of a personal meeting. That is another stumbling block in this immigration matter.

If you wish to proceed, you without a doubt need to retain an attorney experienced in fiance visa petitions and have them prepare a detailed Memorandum requesting your waiver well documented with your medical evidence. The Memorandum should also be on the offensive explaining your reasons for wanting to marry the younger man and what he finds appealing with a woman 70 years old. I am not being disrespectful, I am 69 and also had back fusion surgery so I totally understand where you are at. Just keep in mind that the ones reviewing your petition are not in our shoes and are young 30 something. Like myself, they probably don't believe one gets beyond 50. So you have the burden of explaining your relationship and grounds for the waiver.

I just want you to know that waivers are rarely granted and I have had cases of paraplegic being refused the personal meeting waiver. It is discretionary.

That being said, if this is your only and last true love, then you probably don't have any choice but to give it your best and pray that you have a reasonable and compassionate examiner and that your petition is approved.

If you are satisfied with my answer I am grateful if you take a moment and rate me by clicking on the 5 stars. Rating an expert is how we are paid.

If you have further questions to clarify my answer, please post them here.

Judith