K-1 with a Caveat

[Old Dominion 26]

Given the unusual situation here, have you considered marrying her in the UK and then petitioning for a spousal visa? Any question of legality of the marriage would be answered forever.

[Rhiannercakes 14]

If it's so illegal to get married in the US to someone under 18, why do they allow under age marriage with parental consent? It's perfectly legal to marry someone under 18 in the US, the requirements vary by state.

Edited December 10, 2009 by Rhiann

[Dakine 26]

If you really care for her let her go or wait a few years.

Who's taking her to her senior prom? I care less if the the marriage is legal or not. Gets down to you'll be robbing this kid of experincing growning up normally and making life long friends and all the fun that goes with her high school years.

[Rhiannercakes 14]

Not every kid has fun in their high school years and goes to prom, you know.

We don't know the fiancee, maybe she's not like the others and wishes to start over in high school in the US.

[Leenie 15]

I don't think they have prom in the UK.

What he needs is legitimate advice. Let's be adult here. Honestly.

[rin and john 71]

She must be legally able to marry in the state in which you will be wed. No other minimum age requirement exists.

http://travel.state.gov/visa/immigrants/ty...types_2994.html

On the up side, if her interview is before her 16th birthday, you won't need a police report (only required for places you have lived since you were 16).

You must be at least 18 (no problem since you are 21) to complete the affidavit of support.

[aydi 0]

I've considered the possibility of marrying in her country and filing for a separate visa, like perhaps the K-3, or CR-1, but I couldn't get a clear answer from lawyers I've consulted about whether that process would appear underhanded (i.e. visa fraud) to the parties reviewing my petition. I've surmised by both legal advice and that of this forum's users that the K-1 visa is overall the least amount of hassle in efforts to bring her here; we're facing many biases with our relationship, but truly there's no legal thing preventing us from pursuing it. If marrying in another country and applying for a visa other than the K-1 were a way of avoiding prejudices I'd gladly go for that, but I'm not sure there's any avenue that makes things easier for us, and I'd just like to be with her, all in all.

I have all the appropriate means and permissions by law and I've been lead to believe the K-1 is the path we have to take to be together. Maybe there's a thing or two I don't know about what options I have... I'm certainly interested in knowing if there's a better option than a long and complicated wait!

Edited December 10, 2009 by aydi

[Dakine 26]

I don't think they have prom in the UK.

What he needs is legitimate advice. Let's be adult here. Honestly.

Good idea! To bad the girl isn't a adult yet!!

There's no hurry to act old or be an adult. It will happen no matter what you do.

She should be allowed to enjoy her younger years. Stay young as long as you can. You''ll have plenty time to be and act old.

[Dakine 26]

We don't know the fiancee, maybe she's not like the others and wishes to start over in high school in the US.

"Not every kid has fun in their high school years and goes to prom, you know."

Sorry you didn't enjoy your high school years. Mine were great and college was even better.

I hope you are doing better now.

[Anh map 2,098]

Any fiancee or spousal visa requires an interview where the Consular Officer evaluates the bona fides of the relationship. I assume this is where you are concerned about bias/predjudice. Here is where your fiancee will communicate the story of your relationship.

The K visa requires Adjustment of Status (AOS) to obtain the green card which is an additional $1010 in fees and an interview in most cases.

The CR1 spouse visa does not require the AOS step and the immigrant has the green card after entering the US.

[Rhiannercakes 14]

We don't know the fiancee, maybe she's not like the others and wishes to start over in high school in the US.

"Not every kid has fun in their high school years and goes to prom, you know."

Sorry you didn't enjoy your high school years. Mine were great and college was even better.

I hope you are doing better now.

I was a loner, and I enjoyed it

[TBoneTX 43,477]

If you do plan to proceed, consider "front-loading" your K-1 petition with the following:

-- Copies of legal documents from your state that say that marriage to someone of that age is permissible under whatever the required conditions are;

-- The same from the U.K., along with the most legalistic (notarized or whatever) letters or documents from her parents;

-- Notarized letters from your people and hers that affirm their knowledge and approval of your relationship and its validity -- get as many as possible from the most respectable folks possible, such as ministers on both sides -- and be sure to have each letter-writer include complete contact information. This thread talks about it from the standpoint of the consular phase --

http://www.visajourney.com/forums/index.ph...ionship+letters

-- but it can do you some good to review it now.

I believe that enclosing the above materials with your initial petition can avert some inherent trouble down the road. Please consider this.

[christeen 966]

His questions were on the LEGALITY of it NOT the MORALITY...

I second the advice to get lots of proof of relationship AND most importantly family support of the relationship as this will be an issue!!!

[Dakine 26]

We don't know the fiancee, maybe she's not like the others and wishes to start over in high school in the US.

"Not every kid has fun in their high school years and goes to prom, you know."

Sorry you didn't enjoy your high school years. Mine were great and college was even better.

I hope you are doing better now.

I was a loner, and I enjoyed it

Nothing wrong with that. I was social in the school days but "did my thing" and my family is my life now.

I wouldn't have wanted to miss what the OPs lady "may" end up missing tho.

As I posted before! THere's no hurry to get old. You have plenty of time to " act your age".

[Chris_Жанна 11]

I'm interested in petitioning for a K-1 visa for my fiance and I'd like to submit it as soon as I can, however I'm concerned that her age at the time I submit my be an issue...

My fiance is currently 15 years old and a resident of the UK. She'll be 16 in two months and, in her country and my state, a legally marriable age with parental consent.

I've researched and determined that the K-1 has no minimum age requirements, and I'd like to complete this process as smoothly as possible... We hope to be together by September of next year, but if I submit the paperwork now, would her current age cause any holdups that being 16 wouldn't?

She's 16 bro, as old as she may seem to you this is statistically a train wreck waiting to happen. I know that it may feel right now, but you should probably wait until she gets to know herself better. Think about when you were 16. There is no reason you two could improve your relationship until she is 18 and has a better idea of who she is. Go back to file then and have a strong petition with a great history and better your chances of success with the embassy. If your relationship can endure, then you will both know that the time is right and you are both ready for marriage. You are both so young and have plenty of mistakes to make in life, don't let getting married too early be one of them.

If you don't let her grow to be her own person first the chances are when she does understand who she is, and if she understands that she's a person that wants to live w/out you, you're gonna get seriously hurt in the end.

Good luck.