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Will second marriage affect my visa application?


21-May-2023 (In Immigration Law)

I have an aunt passed away just over year ago and I will be marrying her widowed husband due to cultural ways and also because I loved the children like my own. He has been a good husband to my aunt for about 20 years and good father. He has also been supportive of my situation and has been like a father to my daughter as well. He is 45 and I am 25. I am a US citizen, and I am not sure if the situation will be approvedo by the consulate or not. Though it is common to have such larger age gal in our culture, I am not sure if this will affect my process of paperwork

Answers (2)

Answer #1
271 votes

You and your future husband will have to prove that the marriage was entered into "Good Faith" at the time of Consular Interview. Large age caps between the couple is treated as a negative factor in proving Good Faith marriage, however, it can be overcome by other positive factors such as commingling of financial assets, etc.

Also, before you apply for I-130 make sure that the marriage should be a valid marriage as per the local laws, traditions, customs and rituals. For instance, if you are a Hindu, the marriage should be valid as per the Hindu Marriage Act.

Should you need any additional information, please consult with an experienced Immigration Attorney.


Answer #2
681 votes
You and your future husband will have to prove that the marriage was entered into "Good Faith" at the time of Consular Interview. Large age caps between the couple is treated as a negative factor in proving Good Faith marriage, however, it can be overcome by other positive factors such as commingling of financial assets, etc.

Also, before you apply for I-130 make sure that the marriage should be a valid marriage as per the local laws, traditions, customs and rituals. For instance, if you are a Hindu, the marriage should be valid as per the Hindu Marriage Act.

Should you need any additional information, please consult with an experienced Immigration Attorney. Our Law firm handles such cases on a regular basis, and we would be more than happy to assist you.

Good luck!

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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