Integrity Legal - Law Firm in Bangkok | Bangkok Lawyer | Legal Services Thailand Back to
Integrity Legal

Legal.co.th - Resources 

Research & gain insights into Thai, American, and International Law.

 

Contact us: +66 2-266 3698

info@integrity-legal.com

ResourcesVisa & Immigration LawUS Immigration LawIs Age Difference an Issue in a CR-1 Visa Application?

Is Age Difference an Issue in a CR-1 Visa Application?

Transcript of the above video:

As the title of this video suggests we are discussing the CR-1 Visa specifically age difference between the parties in the context of the CR-1 Visa.

As noted in previous videos on this channel with respect to the age difference in a K-1 Visa context, K-3 Visa context or an IR-1 Visa context, the issue of age difference is really one that is going to play in as one factor of many in a broader sort of mosaic with respect to how a visa application is adjudicated. It is not going to be the end all be all factor, assuming both parties are of legal age to contract a legal marriage. Assuming that issue is put to bed, if both parties are of legal age, well maybe a 20 year age difference might be an issue to some folks and it could even be on a personal level an issue to certain adjudicating officers within USCIS or the Department of State, but that being said, as noted in a previous policy memo at USCIS, it is not the adjudicators function to determine whether or not the marriage itself is a good idea, for lack of a better term, rather it is the adjudicator’s function to ascertain whether or not the parties are in fact engaged in a legally contractual  marriage or legally binding marriage and it is bona fide; basically it is not a sham. They want to make sure that both parties are not engaged in the marriage in order to obtain strictly immigration benefits or to defraud someone or the immigration system or to defraud some other aspect of often times sort of government agencies.

That being said, if the sham marriage issue is not an issue, then the age difference issue, in and of itself, should not be an issue with respect to ultimate success with respect to a marriage visa.

That being said it is really probably a good idea if this issue is something that a couple is concerned about in their specific case, go ahead and contact a legal professional, get a consultation, understand the situation and once a couple understands their position, often times it will put folks at ease or at least put their minds at ease with respect to processing the case further with an eye towards successfully obtaining visa benefits in the CR-1 category.