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iyad

Can a 17 years old US citizin petition for a K-1 visa?

By iyad in K-1 Fiance(e) Visa Process & Procedures

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iyad Apprentice

iyad   0

Posted
Filed: Timeline
Posted

Hi,

A friend of mine (22yo pre-med) asked me this question and I cannot find an answer anywhere:

He is engaged to a US citizen who is 17 years old (with her parents' consent).

Can she (the minor US citizen) petition a K-1 visa from him? If not, can they marry abroad (with her parents' consent)and can she then file an i-130 for him (remember she's is a minor under 18)

My initial response was that this is not possible, but I want to make sure. If anyone has a better answer or a similar experience, pls let us know.... tks.

04/29/08 NOA2 Approval notice

05/02/08 Case @ NVC & Case # assigned

05/05/08 Emailed DS3032 to NVC (Didn't wait for AVR to say it was generated)

5/13/08 Email Reply from VNC accepting DS3032 and they said don't send a hard copy. Email alone was OK

05/13/08 AVR says: DS3032 and AOS bill generated.

05/13/08 Got IIN from NVC and paid $70 online. Status: Pending

05/15/08 Status now shows: Paid.

05/16/08 Mailed my AOS/I864 package.

05/17/08 IV fee status online shows as "Not Paid" as opposed to "Not invoiced" before, so I just paid the $400.

05/17/08 IV fee status is now "In Process"

05/19/08 IV fee bill status "Paid"

05/20/08 Sent DS-230 -regular mail-

05/21/08 AVR Update: "The NVC is awaiting the return of the biograhic froms from the petitioner"

05/22/08 AVR Update: "The NVC has reviewed your packets and forms and found information missing of incorrect"

06/02/08 AVR Update: "Case Complete"

06/10/08 Operator says interview scheduled for 07/15

Next: Medical and Interview

Blob18 Community Regular

Blob18   111

Posted
Filed: K-1 Visa Country: Brazil
 Timeline
Posted

I know from the USCIS site that if the person being married (beneficiary) was under 18 then that person along with his/her parents would have to go to the closest Consulate and sign a paper in front of a consular stating that so and so has consent to marry the other person.

Also in the U.S. to marry a person underage, you need the court permission along with the parents, so perhaps the 17 year old would need to go to the court and get a paper that states he/she has consent to marry the beneficiary and then send that in with the I-129F

Penguin_ie Grand Master

Penguin_ie   6,002

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

If it is legal for the 17 year old to marry in his/ her state then yes, it is legal for them to petition. The problem arises after the wedding, as the AOS requires a I-864, which can only be signed by someone aged 18 or over. But by that time, the petitioner likely passed their 18th birthday.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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