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Filed: Country: Austria
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Hello I'm visiting my girlfriend whom I met online for the past 2 months now she is 16 and I'm 18 years old. I was supposed to leave a week ago (Im on vwp) but we decided to stay a bit longer when she got the idea that we could get married then adjust my status

 

So I was wondering if this was possible if the petitioner is not 18 years old?

 

Her parents are really cool and they would sign our marriage papers and sign themself as my sponsor during the adjustment period as well.

 

Would this ever work or is it a dead idea before we even try to do it?

 

Much Regards 

 

   Shlomo Goldberg

Edited by gutenbergestein
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12 minutes ago, Coco8 said:

Here (https://travel.state.gov/content/visas/en/immigrate/family/immediate-relative.html#3) it says:

 

"There is no minimum age for a U.S. sponsor (petitioner) to file a petition for a spouse. However, you must be at least 18 years of age and have a residence (domicile) in the U.S. before you can sign the Affidavit of Support (Form I-864 or I-864EZ). This form is required for an immigrant visa for a spouse and other relatives of U.S. sponsors."

 

So basically she would have to be 18 and she is 16. 

 

I know you are not looking for personal advice, but you've only met for 2 months and once in person. You have all your life ahead of you. If you did well in school you could try to do your bachelor degree in the US with an F-1 visa (student) or if you are studying back home you can go to the U.S. as an exchange student (a semester abroad). You can also do a "work and travel" program. There are many other ways to come for a bit longer and get to know each other. 

 

There is a reason why all this age requirements exist. Teenagers' brains aren't fully developed and they are more likely to make rush decisions without thinking of the consequences (it is science, not my personal opinion). 

 

I have to agree here.

You would have to wait at least 2 more years because she, as the US-sponsor, has to be at least 18 years old.

Get to know each other better and then see where your relationship leads to.

 

 

26 minutes ago, gutenbergestein said:

Hello I'm visiting my girlfriend whom I met online for the past 2 months now she is 16 and I'm 18 years old. I was supposed to leave a week ago (Im on vwp) but we decided to stay a bit longer when she got the idea that we could get married then adjust my status

 

So I was wondering if this was possible if the petitioner is not 18 years old?

 

Her parents are really cool and they would sign our marriage papers and sign themself as my sponsor during the adjustment period as well.

 

Would this ever work or is it a dead idea before we even try to do it?

 

Much Regards 

 

   Shlomo Goldberg

PLEASE DO NOT OVERSTAY! If you were supposed to leave a week ago, why are you still here? You are illegal in the country and that could cause serious problems for you the next time you want to visit her.

Just because you decided that you wanted to stay longer doesn't that mean that you are ALLOWED TO stay longer. The ESTA document is only valid for 90 days and you are required to leave on day 90 the latest.

Edited by Becci391
ROC Timeline

08/16/19: sent I-751 packet to USCIS Lockbox in Dallas

08/19/19: packet received by USCIS

08/21/19: received text message with case number ( Texas Service Center)

08/23/19: check got chashed

08/26/19: received extension letter in the mail

11/14/19: Biometrics appointment

04/28/20: case got transferred to my local field office in Atlanta

05/28/20: New Card Is Being Produced

05/29/20: New Card Got Approved

06/02/20: We Mailed Your New Card

06/03/20: The Post Office Picked Up Your New Card

06/04/20: Card Was Delivered To Me By The Post Office

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Filed: Country: Austria
Timeline
12 minutes ago, Coco8 said:

Here (https://travel.state.gov/content/visas/en/immigrate/family/immediate-relative.html#3) it says:

 

"There is no minimum age for a U.S. sponsor (petitioner) to file a petition for a spouse. However, you must be at least 18 years of age and have a residence (domicile) in the U.S. before you can sign the Affidavit of Support (Form I-864 or I-864EZ). This form is required for an immigrant visa for a spouse and other relatives of U.S. sponsors."

 

So basically she would have to be 18 and she is 16. 

 

I know you are not looking for personal advice, but you've only met for 2 months and once in person. You have all your life ahead of you. If you did well in school you could try to do your bachelor degree in the US with an F-1 visa (student) or if you are studying back home you can go to the U.S. as an exchange student (a semester abroad). You can also do a "work and travel" program. There are many other ways to come for a bit longer and get to know each other. 

 

There is a reason why all this age requirements exist. Teenagers' brains aren't fully developed and they are more likely to make rush decisions without thinking of the consequences (it is science, not my personal opinion). 

 

hey we know eachother for 2 years and ive been here 3 times now totalling 6 months

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Filed: Country: Austria
Timeline
6 minutes ago, Becci391 said:

I have to agree here.

You would have to wait at least 2 more years because she, as the US-sponsor, has to be at least 18 years old.

Get to know each other better and then see where your relationship leads to.

 

 

PLEASE DO NOT OVERSTAY YOUR LEAVE DATE! If you were supposed to leave a week ago, why are you still here? You are illegal in the country and that could cause serious problems for you the next time you want to visit her.

Just because you decided that you wanted to stay longer doesn't that mean that you ARE ALLOWED TO stay longer. The ESTA document is only valid for 90 days and you are required to leave on day 90 the latest.

I have not overstayed my 90 days im at day 67/90 at the moment I just did not go back with my originally intended return flight

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2 minutes ago, gutenbergestein said:

hey we know eachother for 2 years and ive been here 3 times now totalling 6 months

That doesn't matter. One of the requirement is that the US-petitioner has to be at least 18 to sign the I-864.

Edited by Becci391
ROC Timeline

08/16/19: sent I-751 packet to USCIS Lockbox in Dallas

08/19/19: packet received by USCIS

08/21/19: received text message with case number ( Texas Service Center)

08/23/19: check got chashed

08/26/19: received extension letter in the mail

11/14/19: Biometrics appointment

04/28/20: case got transferred to my local field office in Atlanta

05/28/20: New Card Is Being Produced

05/29/20: New Card Got Approved

06/02/20: We Mailed Your New Card

06/03/20: The Post Office Picked Up Your New Card

06/04/20: Card Was Delivered To Me By The Post Office

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Just now, gutenbergestein said:

I have not overstayed my 90 days im at day 67/90 at the moment I just did not go back with my originally intended return flight

Then why didn't you write that?

To me it sounded that you were already close to 90 days.

ROC Timeline

08/16/19: sent I-751 packet to USCIS Lockbox in Dallas

08/19/19: packet received by USCIS

08/21/19: received text message with case number ( Texas Service Center)

08/23/19: check got chashed

08/26/19: received extension letter in the mail

11/14/19: Biometrics appointment

04/28/20: case got transferred to my local field office in Atlanta

05/28/20: New Card Is Being Produced

05/29/20: New Card Got Approved

06/02/20: We Mailed Your New Card

06/03/20: The Post Office Picked Up Your New Card

06/04/20: Card Was Delivered To Me By The Post Office

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Filed: Country: Austria
Timeline
Just now, Becci391 said:

Then why didn't you write that?

To me it sounded that you were already close to 90 days.

oh no i meant that ive stayed a week longer than my originally expected departure date im going to be getting a one way ticket back  in like a week or so 

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Filed: Country: Austria
Timeline
2 minutes ago, Becci391 said:

That doesn't matter. One of the requirement is that the US-petitioner has to be at least 18.

understood! thank you for your reply and the clarification on the law

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Filed: Citizen (apr) Country: Ghana
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Also make sure you're not sleeping with her. Being 18 and with her being 16, if you sleep with her, you would be liable for statutory rape. It's a really big deal and you certainly don't want to be a registered sex offender for the remainder of your life.

~AOS : 09/11/2014 - 2 YR Green card received!.

~ROC 07/13/2017 - 10 YR Green card received!.

~N-400 : 10/28/2020 - N400 Interview & Approval/Oath Ceremony/US Citizen!

 

More Importantly, I am a proud Anti-Fascist!

 

 

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15 minutes ago, MaleAlpha said:

Also make sure you're not sleeping with her. Being 18 and with her being 16, if you sleep with her, you would be liable for statutory rape. It's a really big deal and you certainly don't want to be a registered sex offender for the remainder of your life.

Depends on the state. In my state, 16 is the age of consent, albeit there are technicalities for 16 and 17 year olds still, but a "close-in-age exemption" applies to people within 4 years old of each other. Assuming OP's profile is correct, there is no issue here.

 

https://www.ageofconsent.net/states/north-carolina

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Citizen (apr) Country: Canada
Timeline

Waiting is probably the best idea, not just for immigration purposes but also for your relationship to build overtime. :)

03-19-2021: Officially an American Citizen 🇺🇸 Entire journey from initial K-1 Visa filing to Naturalization took 5 years, 8 days.

You can see my complete timeline by clicking here.

 

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15 hours ago, gutenbergestein said:

hey we know eachother for 2 years and ive been here 3 times now totalling 6 months

Ok. I had read that this from your original post 

15 hours ago, gutenbergestein said:

my girlfriend whom I met online for the past 2 months

and though you've known each other for two months. 

 

Regarding the following mentioned by someone:

 

11 hours ago, mrtravel said:

To speed things up, maybe she can get a student visa to live in Austria.  Then, when she is 18,she can do Direct Consular Filing to speed things up.

Austria is not in the direct consular filing list so I don't think it would be possible (https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices) and the US citizen has to be in the U.S. to start he process so it would be complicated to start the process outside of the country. 

 

About this:

14 hours ago, gutenbergestein said:

thanks to everyone who replied I truly appriciate the help :D See you guys in 2 years (hopefully)

 

You are actually looking at a longer time frame. It would be 2 years until she turns 18 and then almost a year for either processing a fiance visa (K-1) or a year for a CR-1 (spouse visa). You would have to look into both visas when you get to that point.

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