West Haven, CT asked in Immigration Law for Connecticut

Q: Removal proceedings married to usc age gap ?

I married to usc in removal proceedings? I’m 24 and she’s 45 we had age gap i have all supporting and clear and convincing documentation.

Joint lease .

Joint accounts .

Joint utilities.

Pics.

401k retirement beneficiary

Life insurance Beneficiary

Joint vehicle insurance

Joint renter insurance

Financing 2 year joint Apple phone

Financing jointly car 60months .

With all the documents but agr gap how this will effect my interview????

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3 Lawyer Answers
Patricia C. Wall-Santiago
Patricia C. Wall-Santiago
PREMIUM
Answered
  • Immigration Law Lawyer
  • Fort Lauderdale, FL

A: Congratulations on your marriage!

First, if the marriage took place after the initiation of removal proceedings, there is a general prohibition under the law to not approved this family petitions unless the petitioner request in writing and with Form I–130. The request must state the reason for seeking the exemption and must file with request documentary evidence establishing eligibility for the exemption.

Second, the Immigration Judge has no authority to decide the Family petition (Form I-130).

Given that there is a significant age difference and potentially other issues not discussed in this forum, I will strongly recommend that you consult and hire an experienced attorney in Immigration Law to represent you both before the Immigration Court and before the Service (USCIS).

Best of luck to you both!

Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: I agree. This is a complicated case that requires an exemption. I strongly recommend that you hire a competent and experienced immigration attorney. In addition, you should also seriously consider your options for emigration to avoid emotional challenges in the future.

There is a presumption of fraud as a matter of law. You must overcome it or it’s denied and appeals take years. You don’t have years to appeal if she is before an immigration court. At least one aspect “age difference,” perhaps more, fit within the USCIS fraud profile. This, even if you entered the marriage in good faith based upon a relationship that involves love and trust. Good luck, as well.

The above is general information, not legal advice, and does not create an attorney client relationship.

Stephen Arnold Black
Stephen Arnold Black
Answered
  • Immigration Law Lawyer
  • Orlando, FL

A: Too many issues going on in your case for a simple answer. Have a free consultation with Immigration counsel.

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