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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

You both must be of legal age to marry when you file the petition.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Legal age in NY is 16 with parent consent ,

But still CO refused saying that under federal law legal age to file petition is 18????

Immigration is a federal matter.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: AOS (apr) Country: Jamaica
Timeline
Posted

both have to be legal to married when filing. :thumbs:

AOS

10/16/2012 Mailed I-485, I-765, I-131
10/19/2012 NOA1
11/09/2012 Biometrics Apt @ 3pm
12/25/2012 EAD/AP Approval
01/05/2013 Received EAD/AP in mail

06/20/2013 AOS APPROVED!!!!!

LIFTING OF CONDITIONS

3/23/15 Mailed I-751

3/25/15 NOA1

3/28/15 NOA1 Received in the Mail

4/28/15 Biometrics Apt.

11/13/15 ROC Approved

11/18/15 Approval Letter Received

Filed: K-1 Visa Country: Pakistan
Timeline
Posted

Immigration is a federal matter.

okay

But on "www.state.gov/"

They say that both should be of legal age to marry according to the state in which marriage is going to take place?????

Immigration is a federal matter.

to be exact it is written "The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place. "

On http://travel.state.gov/visa/immigrants/types/types_2994.html

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Under 18 you don't have that capacity to enter into legal contracts. That is likely the hurdle that you cannot overcome.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

to get all the answers to your Question call USCIS customer service they will tell you what is legal age to apply for i-129f

There is a requirement that a person be 18 to sign the I-864. The OP doesn't meet that requirement.

And the I-864 would be required from the petitioner once the fiancee entered, they married, and applied for adjustment of status.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: K-1 Visa Country: Pakistan
Timeline
Posted

Still Confused??

Should age be no less than 18??

Let me explain u the legal age of filing of petetion for I-129F. This is a guranted 100% correct reply based on my experience i have also faced same issue for my visa as well. There is no legal age for filing of visa petetion remember it. If some one want to marry in US he or she must be legal age as per the age requirement of the state. some states allow 16 years marriage with parental consent and some states dont allow. 18 year is a free age for marriage in usa. However incase of visa processing every visa applicant has to file affidavit of support I-864 or I-134 under section 231-A of american citizenship act therefore at the time of interview of applicant at the embassy the petetioner should be 18 years of age other wise counsellor officer will refuse visa uder section 214 of american citizenship act. 18 years age is mandatory for a sponsor to fill up I-864 thats why the visa is declined. If you need any other information feel free to ask.

Filed: K-1 Visa Country: Pakistan
Timeline
Posted

Let me explain u the legal age of filing of petetion for I-129F. This is a guranted 100% correct reply based on my experience i have also faced same issue for my visa as well. There is no legal age for filing of visa petetion remember it. If some one want to marry in US he or she must be legal age as per the age requirement of the state. some states allow 16 years marriage with parental consent and some states dont allow. 18 year is a free age for marriage in usa. However incase of visa processing every visa applicant has to file affidavit of support I-864 or I-134 under section 231-A of american citizenship act therefore at the time of interview of applicant at the embassy the petetioner should be 18 years of age other wise counsellor officer will refuse visa uder section 214 of american citizenship act. 18 years age is mandatory for a sponsor to fill up I-864 thats why the visa is declined. If you need any other information feel free to ask.

Thanx all for replying :)

@ addelwali

CO did not say any thing about I-864 or I-134, in fact he did not see anything at all! but yes it could be a strong reason..

CO refused under "212(a)(5)underage petitioner. relationship is not petitionable"

and why USCIS did not refuse the I-129f before coming to embassy?

and does it goes the same if I marry and file i-130?

btw this goes like "yes you can file K1 if under 18 but we are going to refuse it anyways".... then why do they accept it if they are going to refuse it latter

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

uscis is not the DOS.

It's the DoS that has the final say, using THEIR rules.

Please study a bit more, what the DoS requires.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Filed: K-1 Visa Country: Pakistan
Timeline
Posted

uscis is not the DOS.

It's the DoS that has the final say, using THEIR rules.

Please study a bit more, what the DoS requires.

So you are saying that DOS will review the refused case not USCIS?

If so then why embassy has send my case to USCIS with recommendation to revoke my petition?

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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