Looking for clarification and advice about marriage

[nerissa]

Hi I am a USC and my girlfriend is on F1 visa. We got married last week. I want to file for her but I don't understand the whole process . I went on several immigration web sites including the uscis one but I am still confused.
These are my questions:
1. I am 18 and she's 27 is that going to be a problem?
2. We live in Boston but are planning to move to New York. I heard immigration applications take longer to be processed in New York. Is it true? If the a applications are processed in Vermont for Boston and New York why would one take longer than the other?
3. We haven't filed for the I485 and I130 yet but once we do does that mean that her F1 is no longer valid? Can she travel with me?
4. Does it still yake 90 days to get the working permit?
I know my questions are a bit stupid but please help us out.
Thanks.
Seb

[nerissa]

Hi I am a USC and my girlfriend is on F1 visa. We got married last week. I want to file for her but I don't understand the whole process . I went on several immigration web sites including the uscis one but I am still confused.
These are my questions:
1. I am 18 and she's 27 is that going to be a problem?
2. We live in Boston but are planning to move to New York. I heard immigration applications take longer to be processed in New York. Is it true? If the a applications are processed in Vermont for Boston and New York why would one take longer than the other?
3. We haven't filed for the I485 and I130 yet but once we do does that mean that her F1 is no longer valid? Can she travel with me?
4. Does it still yake 90 days to get the working permit?
I know my questions are a bit stupid but please help us out.
Thanks.
Seb

Hi nerissa,

your questions are not stupid at all.

Your age may be a problem. I am not 100% sure, but I think one has to be at least 21 to be able to sponsor a person for immigration benefits.

Let's see what others have to say about that.

[macboyd1]

You age will cause some problem. If she files 485 then she is nolonger on F1 till they approva or denia her the Green card. After you file you have to inform you skool about the change of her status because of the Sevis system.

[nerissa]

So 18 is not legal for the immigration?

[macboyd1]

18 is legal but the age differnce matters with immigration laws.

[nerissa]

Are you sure about that? That there is an immigration law for age difference? I am 18 and a half and she is 27. We are in love and we got married....She is the one who told me that could be a problem and I did not believe her. Can someone else give me an opinion please?
Thanks

[marmaduk]

No, its not there's a law about the age difference between the spouses, but there's law about how old one must be before they can sponsor someone for immigration.

One must be 21yrs or older to sponsor for parent. But I don't think that's applicable for spouse.

[AliBA]

There's also the issue of support. Are you able to support her above the poverty level?

[nerissa]

I have to make 125% of the poverty level right? Does anyone know how much that is?

Good news:
"If you filed an immigrant visa petition for your relative, you must be the sponsor. You must also be at least 18 years old and a U.S. citizen or a lawful permanent resident."

USCIS looks at the big picture and the age difference is just a part of it. I wouldn't worry about it. It is a big plus that your wife is currently in valid status.

$13.200 - for a household of 2

[nerissa]

thanks Aneri. I make more than $13.200
I understand the age part. Something else too do we need the tax documents for the past 3 years? I only have last year's

They required tax papers for 3 years, but that has recently been changed to 1 year...

[Glühbirne]

There is no law about age difference between spouses. My husband is eight years older than me and it did not cause us any problems at our interview in Juarez. American culture tends to be more accepting of an older male with a younger female than of an older female with a younger male, but if the marriage is geniune, then you have nothing to worry about. They will probably scrutinize your marriage more than they would if you were both the same age, which is understandable. It is easy to imagine how a 27 year old woman could take advantage of an 18 year old boy. If you were 23 and your wife 32, although the difference would be the same, they'd probably go a bit easier.