Large age differences between a couple who are applying for a K1 Fiance Visa can become an issue in the application process. Based on my experience, I would say that an age difference of 10 years or less is not an issue at all. An age difference of 10 to 20 years may be looked at as a potential issue, but it’s not so uncommon to cause real concern. However, an age difference of 25 years or more will be noticed, and will likely become an issue that needs to be overcome with other facts proving that the relationship is genuine.
As you can appreciate, the larger the difference in a couple’s ages, the more the age difference becomes an issue. However, the good news is that a large age difference in and of itself, will not disqualify the couple from applying for and obtaining a fiance visa. USCIS and the US Embassy will consider the totality of the facts to determine the validity of the relationship. This includes, how the couple met, how much time does the couple spend communicating with one another, when did the couple first meet in person, how long did they spend time together in person, how many times have they met in person, did the couple take pictures together and some with family, as well as many other factors that would demonstrate that the couple are truly in love. From my experience, I sense that there is still a bias in favor of older men and younger woman by comparison to cases of older woman with younger men. Again, the totality of the facts will be weighed against any negatives present in the application.
Another factor that is closely looked at when the US Citizen is significantly older than his or her fiancé, is whether the older person in the relationship suffers from any medical problems and is in need of some level of medical care. Immigration will closely scrutinize such a relationship and look to see if the parties are truly in love or whether they are simply trying to arrange for medical care using a K1 Fiance visa based on a fictitious relationship. Fiance visas are not intended for in home care takers or nurses! They are reserved for couples who are truly in love and wish to get married.
If you have any questions about the K1 Fiance Visa, you are welcome to call me anytime at 1-888-515-3529.
Attorney Jeff Pettys