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 .
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????
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!
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.