Hackensack, NJ asked in Immigration Law and Municipal Law for New Jersey

Q: What measures do a couple who are age apart and one illegal have to make?

The couple is 13 years apart and the man is of illegal status. Will there be any complications in the process of trying to get married? Also let's say the girl is trying to get a legal status for her parents, will her getting married affect that as well?

2 Lawyer Answers
Matthew J Hartnett
Matthew J Hartnett
Answered
  • Immigration Law Lawyer
  • Collingswood, NJ
  • Licensed in New Jersey

A: The age difference shouldn't matter. The key for marriage based immigration is that the marriage has to be "bona fide", which means that the marriage cannot only be for immigration purposes. They have to want to be married to each other even if you remove immigration from the equation. For example, two people who are good friends but don't live together would not be in a 'bona fide' marriage because if you remove immigration from the equation, they wouldn't likely have decided to get married. Getting married could have an effect only filing for parents due to the affidavit of support and self sufficiency requirements, but this is a case by case analysis. You should discuss with an attorney in a consultation setting.

John Alexander Bates agrees with this answer

1 user found this answer helpful

John Alexander Bates
John Alexander Bates
Answered
  • Immigration Law Lawyer
  • Bridgeport, CT

A: They can get married but applying for a green card may be a bit complicated. If she sponsors her parents too she will have to prove that she can support them and her husband. If not she will have to get a joint sponsor to show sufficient income to support everyone.

Also, if they are applying from outside the US, they may be subject to the recent ban on immigration.

1 user found this answer helpful

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