My wife (u.s citizen) is under 21

[Luckygoat 2]

I was wondering if the U.S sponsorer for the k-1 visa have to be 21 or older. Me and my wife got married last year, I am 21 she is 19. I was wondering if I would I have any problem when filing paper work for AOS etc because she is not 21.

[lovica_l 0]

that wont be a problem at all, she just needs to show proof of income, which she can have co sponsor for

[jundp 191]

If you came here on a K1 visa and she was your sponsor, then why would it be an issue?

[Kenza 1]

I'm 18 and filing cr1 and have had no problems thus far and don't think I'll run into any

[Luckygoat 2]

If you came here on a K1 visa and she was your sponsor, then why would it be an issue?

thanks for all the re sponse guys. I am here on a f1 student visa. Thats a another thing im confused about...should go through the process of getting a K3 visa before I AOS, or can I adjust my status from F1.

[Luckygoat 2]

that wont be a problem at all, she just needs to show proof of income, which she can have co sponsor for

This is what we most likely will do becuz she do not work. Our parents are currently paying our living expenses. Can the sponsor be anyone?

[Anh map 2,098]

You are here in the US and married, so no need for a K visa (unless you return to your native country). You will adjust status here.

You will need evidence of a bona fide marriage. If parents are paying all of the living expenses that may limit the evidence that you will have. Take a look at the I-485 instructions to get a feel for what you will be able to show as evidence.

Edited April 26, 2009 by Anh map

[Luckygoat 2]

You are here in the US and married, so no need for a K visa (unless you return to your native country). You will adjust status here.

You will need evidence of a bona fide marriage. If parents are paying all of the living expenses that may limit the evidence that you will have. Take a look at the I-485 instructions to get a feel for what you will be able to show as evidence.

thanks a mill. How would our parents paying for our living expense limit evidence of bonafide marriage...all the bills and apartment lease are in our names, they just provide us with the money. But yea...I was going home for the summer break becuase my school is close. If I apply to adjust status from my F1 visa and leave before I get advance parole, the application would be abandon...am i correct?

Maybe I should just wait until I return for the fall semester and then apply for AOS. Another thing...my visa is up december. If I do get I-130 and AOS approved by then and im still in the U.S, will be fine once i've applied?

[tallcoolone 102]

18 and over is Considered Legal in USA

If she was under 18, You could act as her legal Gauudian in USA.

[rebeccajo 14]

18 and over is Considered Legal in USA

If she was under 18, You could act as her legal Gauudian in USA.

Is that really necessary?

[justashooter 430]

18 and over is Considered Legal in USA

If she was under 18, You could act as her legal Gauudian in USA.

Is that really necessary?

he drives you crazy, doesn't he?

[msu17 0]

You are here in the US and married, so no need for a K visa (unless you return to your native country). You will adjust status here.

You will need evidence of a bona fide marriage. If parents are paying all of the living expenses that may limit the evidence that you will have. Take a look at the I-485 instructions to get a feel for what you will be able to show as evidence.

thanks a mill. How would our parents paying for our living expense limit evidence of bonafide marriage...all the bills and apartment lease are in our names, they just provide us with the money. But yea...I was going home for the summer break becuase my school is close. If I apply to adjust status from my F1 visa and leave before I get advance parole, the application would be abandon...am i correct?

Maybe I should just wait until I return for the fall semester and then apply for AOS. Another thing...my visa is up december. If I do get I-130 and AOS approved by then and im still in the U.S, will be fine once i've applied?

You are correct that it would be abandoned unless you get AP before you leave. Since the AOS process can take a while, you can file for permission to leave (AP) and permission to work (EAD) with the AOS and usually they come through within 3 months. If you have the AP, you could go home and re-enter without abandoning your petition.

[Luckygoat 2]

You are here in the US and married, so no need for a K visa (unless you return to your native country). You will adjust status here.

You will need evidence of a bona fide marriage. If parents are paying all of the living expenses that may limit the evidence that you will have. Take a look at the I-485 instructions to get a feel for what you will be able to show as evidence.

thanks a mill. How would our parents paying for our living expense limit evidence of bonafide marriage...all the bills and apartment lease are in our names, they just provide us with the money. But yea...I was going home for the summer break becuase my school is close. If I apply to adjust status from my F1 visa and leave before I get advance parole, the application would be abandon...am i correct?

Maybe I should just wait until I return for the fall semester and then apply for AOS. Another thing...my visa is up december. If I do get I-130 and AOS approved by then and im still in the U.S, will be fine once i've applied?

You are correct that it would be abandoned unless you get AP before you leave. Since the AOS process can take a while, you can file for permission to leave (AP) and permission to work (EAD) with the AOS and usually they come through within 3 months. If you have the AP, you could go home and re-enter without abandoning your petition.

Thanks. I guess I have no choice but to wait until i get back in the fall because I cant wait 3 months for the AP to go home. When I get back do I have to wait 60 days after I arrive before I apply for AOS althought I've been here for 2 years studying? I've read somewhere that you have to wait 60 days to avoid suspension of visa fraud.

[kcoyclay1 98]

You are here in the US and married, so no need for a K visa (unless you return to your native country). You will adjust status here.

You will need evidence of a bona fide marriage. If parents are paying all of the living expenses that may limit the evidence that you will have. Take a look at the I-485 instructions to get a feel for what you will be able to show as evidence.

thanks a mill. How would our parents paying for our living expense limit evidence of bonafide marriage...all the bills and apartment lease are in our names, they just provide us with the money. But yea...I was going home for the summer break becuase my school is close. If I apply to adjust status from my F1 visa and leave before I get advance parole, the application would be abandon...am i correct?

Maybe I should just wait until I return for the fall semester and then apply for AOS. Another thing...my visa is up december. If I do get I-130 and AOS approved by then and im still in the U.S, will be fine once i've applied?

Do u need to get back to ur country for an emergency? If not just wait until u are approved. It isn't taking long these days. I started my journey in Jan and I have my interview this week,; just 3 months 1 day after my check was cashed in Jan. My visa expired December 2006 but being married to a USC pardons a lot. If you do not have an emergency then prioritize your adjustment. You will be able to travel as many times as you wish after your approval. I hope that going back won't be a red flag when your traveling documents are looked into and they won't as why not file CR1 instead. I think you need to be here and not be traveling about. Check it out first.

Edited April 26, 2009 by kcoyclay1

[Luckygoat 2]

You are here in the US and married, so no need for a K visa (unless you return to your native country). You will adjust status here.

You will need evidence of a bona fide marriage. If parents are paying all of the living expenses that may limit the evidence that you will have. Take a look at the I-485 instructions to get a feel for what you will be able to show as evidence.

thanks a mill. How would our parents paying for our living expense limit evidence of bonafide marriage...all the bills and apartment lease are in our names, they just provide us with the money. But yea...I was going home for the summer break becuase my school is close. If I apply to adjust status from my F1 visa and leave before I get advance parole, the application would be abandon...am i correct?

Maybe I should just wait until I return for the fall semester and then apply for AOS. Another thing...my visa is up december. If I do get I-130 and AOS approved by then and im still in the U.S, will be fine once i've applied?

Do u need to get back to ur country for an emergency? If not just wait until u are approved. It isn't taking long these days. I started my journey in Jan and I have my interview this week,; just 3 months 1 day after my check was cashed in Jan. My visa expired December 2006 but being married to a USC pardons a lot. If you do not have an emergency then prioritize your adjustment. You will be able to travel as many times as you wish after your approval. I hope that going back won't be a red flag when your traveling documents are looked into and they won't as why not file CR1 instead. I think you need to be here and not be traveling about. Check it out first.

I mean...yeah its kind of an emergency. I go home for the summers to work with the family business because I am not in school. I do not want to be here the whole summer doing nothing, no school, no work and having my parents pay rent etc. But I dnt quiet understand how me travelling would send a red flag...I mean I am not a resident here so I should be able to travel when ever I want. I do know that if I apply for AOS and then leave without AP it would be abandon, so ill just do it after the summer when i get back.