Minor Information! Stressseeeedddd

[reese1 68]

She never made it clear who lived where, aside from her Mother owns a restaurant in Spain and she has been there almost a year. From the sounds of it, her father is in Washington. :

"I've been working with my father and now I'm working with my mother in our restaurant in Spain"

I'm not in any rush. Right now I'm living in Spain with my fiancé and I'd like to move back to my home state to go to WashU. I have my residency here to be able to live with my father, but now that the year is almost over, I'd like the file the petition so I will be able to be back home to go to college.

***I will be 18 on January 31st

Edited December 5, 2012 by reese1

[KayDeeCee 4,892]

Okay, everyone has let you know their opinions about your age and that it is too young to get married. That is not immigration advice though.

You need to be legally free and able to marry at the time you file the I-129F petition. Since you are 17 and plan to marry in Washington, you will need to send in the parental consent that is required for that state when you send in your petition. OR you could wait until Feb. 1st and not need the parental consent.

The I-134 affidavit of support would not be signed until months later after you get the I-129F petition approval and you would be 18 by then. The stuff about not be old enough to sign a contract will not matter. You will be 18.

The problem is you need to find a co-sponsor that is domiciled in the US. It can be any US citizen or permanent resident in any state that meets or beats the 125% income requirement for their own household size plus your fiance. You will need to fill out another affidavit of support(I-864) once you are married and the foreign spouse is filing for adjustment of status. Read all about the affidavit of support including info about domicile: http://travel.state.gov/visa/immigrants/info/info_3183.html Also, read through the I-864 instructions. These are the guidelines the consulates follow even when using the I-134 for a fiance(e) visa: http://www.uscis.gov/files/form/i-864instr.pdf

When will your fiance be needing to return to his own country? If he is still legally residing in Spain after the petition is approved and it is time for him to apply for the K-1 visa, then he can interview at the consulate in Spain. Otherwise he will be interviewing in Casablanca, and as you have been told, it is a tough place to get approved through.

Research about the differences between the K-1 and CR-1. http://www.visajourney.com/content/compare Research all about what will be required and all the steps you must go through for each one. Decide which path you want to take, and then research everything about that specific visa until you think you cannot possibly learn anything more on the topic. Then, ask questions if you still get stuck on something.

[JE06 54]

She doesn't need advice on wether or not to get married, she is asking for advice about how she should proceed with filing for her fiancé. This board and its judgement gets very old.. probably why I rarely log on anymore!

[Rob & Monika 87]

She has established that "home" is in Washington. I doubt she lived alone there a year ago, and she talks as if her parents don't live together. It doesn't make sense to live with her father in Spain while working with her mother in Spain...coming from a home in Washington...unless her mother came with her, or she made a typo.

[JoannaV 173]

Are you able to get married in Spain?

[Justine+David 218]

Just wait until you're 18 to get married in Spain (as long as Spain allows you) since it's less than two months away. It just makes everything easier. If both the OP and the fiance are legal residents of Spain, I don't see why couldn't get married and do a DCF through the US embassy in Spain? OP, go look at the Guides and look at "Direct Consular Filing." It's generally much faster if you meet the requirements. You're also right: a co-sponsor who is in the USA would probably be required in your situation since it's unlikely that you'd be able to meet the requirements on your own.

Just make sure you're completely sure and completely trust each other before you get married. You need to sit down together and hammer out exactly what you both want out of life: careers, children, religion, life views, etc etc. 18 is pretty young, but it works for some people.

[Amanda & Simo 7]

Okay, everyone has let you know their opinions about your age and that it is too young to get married. That is not immigration advice though.

You need to be legally free and able to marry at the time you file the I-129F petition. Since you are 17 and plan to marry in Washington, you will need to send in the parental consent that is required for that state when you send in your petition. OR you could wait until Feb. 1st and not need the parental consent.

The I-134 affidavit of support would not be signed until months later after you get the I-129F petition approval and you would be 18 by then. The stuff about not be old enough to sign a contract will not matter. You will be 18.

The problem is you need to find a co-sponsor that is domiciled in the US. It can be any US citizen or permanent resident in any state that meets or beats the 125% income requirement for their own household size plus your fiance. You will need to fill out another affidavit of support(I-864) once you are married and the foreign spouse is filing for adjustment of status. Read all about the affidavit of support including info about domicile: http://travel.state.gov/visa/immigrants/info/info_3183.html Also, read through the I-864 instructions. These are the guidelines the consulates follow even when using the I-134 for a fiance(e) visa: http://www.uscis.gov/files/form/i-864instr.pdf

When will your fiance be needing to return to his own country? If he is still legally residing in Spain after the petition is approved and it is time for him to apply for the K-1 visa, then he can interview at the consulate in Spain. Otherwise he will be interviewing in Casablanca, and as you have been told, it is a tough place to get approved through.

Research about the differences between the K-1 and CR-1. http://www.visajourney.com/content/compare Research all about what will be required and all the steps you must go through for each one. Decide which path you want to take, and then research everything about that specific visa until you think you cannot possibly learn anything more on the topic. Then, ask questions if you still get stuck on something.

FINALLY!!!!! Thank you so much! I'm simply exhausted about all the opinions... All I want is actual help from people who want to give it to me. We're still reading up on everything, but since he is residing here in Spain legally, we will probably interview in Spain. That's also one of the few things I needed to ask, so great timing! I thank you immensely!!!

She has established that "home" is in Washington. I doubt she lived alone there a year ago, and she talks as if her parents don't live together. It doesn't make sense to live with her father in Spain while working with her mother in Spain...coming from a home in Washington...unless her mother came with her, or she made a typo.

Home is in Missouri. I've been abroad for a year and moved to Spain with my father in January. My mother came here shortly after. They are still currently residents in the US, but also have residency here.

[Amanda & Simo 7]

Where are you getting married and where will you be residing in the US? In Washington State? You must be legally eligible to marry at the time you file the K-1. Since each state is different, you turn to the state laws to determine eligibility. For Washington

Others in this situation have sent the parental consent in with the K-1, and I have not read any stories of anyone being denied. You will have to sign the I-134 after NOA2, and you will be 18 by then, so I'm not really sure why everyone is focusing on that.

Financially, they look at your US tax returns from the previous year to be greater than 125% of the poverty line, otherwise you will need a sponsor that makes enough to cover their own family and your fiance. The income has to be in USD, so you and your mother being in Spain will not work.

Also, if you take the K-1 route, your fiance will not be able to legally work in the US for about 6 months and he will be entirely financially dependent on you and your cosponsor. I think it would be wiser and cheaper to get married first and apply for the I-130, given you are currently together in Spain, and that the Casablanca consulate is difficult to get a visa at. At least that way he can work when he enters the states. Honestly, your best chances of getting through that consulate is to get married in Spain, and stay there for 2 years, then filing I-130. I'm not saying you will be denied if you do otherwise, you just have a greater chance for success.

The financial issue is the main thing I'm worried about. I don't care about cheaper, I care about faster. I don't care to stay here for 2 years longer; medical programs take a while. I'd like to have kids someday, when I'm not in school. Thank you for the info, though!

[Amanda & Simo 7]

do some research. And well I haven't read anywhere you had to be 18 to file. it just says a U.S Citizen. And my opinion is just do research and the both of you have a very LONG talk before you begin the whole process. My fiance and I started dating In June 2010 when i was 18 and he was 21. We just recently filed and I'm 21 and he is 24. I know there is absolutely NO age limit when both of you are in love! and I don't agree with some opinions here that say go to college first. I think the most important thing is that your parents approve the relationship, just make sure you have a cosponsor available just in case your income is not sufficient. It is better to be well prepared then NOT prepared. I just filed my fiances paperwork and it took me a month to do research and fill out all the papers. Also you need evidence that you both have seen each other int eh past two years. If you have your flight ticket from the time you entered his country that is perfect as well as some pictures! I understand you wanting to be back in time to go to college here. I personally am done with my associates this year and am unemployed. We are getting a cosponsor and we will live with my parents once he comes into the US. I am staring online classes in January because I will be traveling to Mexico to stay with him for 6 months until we receive our approval. Just relax and do not take some opinions personally. read the comments and come to a conclusion on your own, do the research and maybe start preparing the paperwork. As soon as you turn 18 SEND the paperwork in. (just to be on the safe side because you don't want an RFE that will delay the process.) If you send the paperwork depending on what office they send it to you will take about 5-7 months. College Classes do not start until END of August. You will MOST likely be here by then. IF you have enough evidence and send it in once you turn 18 just to be on the safe side like I mentioned. You can probably register for classes online and be ready to start the school year here with him. if it takes you 7 months you will have approval by July. A month to get an interview so by the most he will be here by end of August, you can maybe come before and he can come meet you after the interview! If you have ANY questions please let me know. We are all HERE to help one another!

We are currently living together in Spain and have been for six months. I see the man I want to spend the rest of my life with every morning when I wake up, in person. None of this online matchmaking stuff, which would probably make it harder to get approved. Thank you very much for the pleasant, non-judgmental reply. Good luck with everything, it sounds like you're almost there!

[Amanda & Simo 7]

Ok I am reading her posts and I did give her advice. I am not telling her to get into the whole process right now am I? to be on the safe side I told her to do the research and look for a place and a Cosponsor here in the United States. Did you not see that in my posts above? I am not going her way she should wait at least until she is 18 finds a cosponsor int eh United States and looks for a job. DID i ever tell her to file right now? NO. I understand she can be denied because of the consulate that is WHY I am telling her to the research and is better to be well prepared than not prepared. I think you are just being a little too rude with her and all the opinions here. I understand that people have gone thru this and are giving her advice and is her choice if she takes it or not, but I nowhere said to FILE right now. I told her to be prepared and DO RESEARCH. But o well I will not argue, I just think you are getting into this case way too much and instead of giving good advice youa re just bringing everything down. Some people here are advising the same thing but in a different way. She is the one that will decide what to do and if she does file right now and makes a mistake that will be on her for not listening to advice and doing some research. EACH case is different and unique.

I don't plan on rushing. I have all the time in the world. What I don't understand is why everyone thinks I came here knowing absolutely nothing and just wanted to hear opinions that don't matter to me. I need actual advice, not parental advice... I have my own parents who support me completely. And we're not a family of idiots, either. I'm positive I know and confident in what we're doing.

My parents are residents in the US. And we don't live in Washington, either. I said WashU as in Washington University for their medical program in Missouri. Although, thank you very much for the agreement... I was under the impression that I was the only one who thought she was being rude.

[JimVaPhuong 4,863]

The age question was answered pretty concisely by Rob & Monika. The I-129F instructions state that if either petitioner or beneficiary are of an age that requires parental or judicial consent then they have to submit proof that the consent has been obtained with the petition. In Washington state the consent is both parental and judicial. If the couple are being married in Family Court then their parents or guardian can come in to the court with them, be sworn in at the same time as the couple are sworn in, sign the consent form on the back of the marriage license, and then present the form to the District Judge, who will certify the consent with his/her signature and court seal and then perform the marriage. An alternative is for the parents or guardian to sign a consent form and have their signatures notarized, and then the consent form can be presented the Family Court for the District Judge to sign and seal. Either way, she's going to have to go to a Family Court in Washington state to get the judicial consent. I doubt she can get this done before her birthday given that she's currently living in Spain.

Since she has less than two months until her birthday, it would be much simpler, not to mention dramatically less expensive, to just wait until she's 18.

Edit: Her I-134 will be considered insufficient. What they're primarily looking for is that she'll be able to provide sufficient sponsors for her fiancee once they go to America, marry, and apply for adjustment of status. Her foreign income will cease when she returns to the US. Her parents would not be accepted as joint sponsors because they aren't domiciled in the US. She needs a joint sponsor who lives in the US.

Edited December 5, 2012 by JimVaPhuong

[Amanda & Simo 7]

She never made it clear who lived where, aside from her Mother owns a restaurant in Spain and she has been there almost a year. From the sounds of it, her father is in Washington.

"I've been working with my father and now I'm working with my mother in our restaurant in Spain"

Both of my parents live in Spain at the moment, but are both still concurrently residents in the US. My home is not in Washington, either... It is in Missouri.

[Amanda & Simo 7]

The age question was answered pretty concisely by Rob & Monika. The I-129F instructions state that if either petitioner or beneficiary are of an age that requires parental or judicial consent then they have to submit proof that the consent has been obtained with the petition. In Washington state the consent is both parental and judicial. If the couple are being married in Family Court then their parents or guardian can come in to the court with them, be sworn in at the same time as the couple are sworn in, sign the consent form on the back of the marriage license, and then present the form to the District Judge, who will certify the consent with his/her signature and court seal and then perform the marriage. An alternative is for the parents or guardian to sign a consent form and have their signatures notarized, and then the consent form can be presented the Family Court for the District Judge to sign and seal. Either way, she's going to have to go to a Family Court in Washington state to get the judicial consent. I doubt she can get this done before her birthday given that she's currently living in Spain.

Since she has less than two months until her birthday, it would be much simpler, not to mention dramatically less expensive, to just wait until she's 18.

I don't live in Washington. My home is in Missouri which doesn't require judicial consent. Thank you for replying!

[Amanda & Simo 7]

Just wait until you're 18 to get married in Spain (as long as Spain allows you) since it's less than two months away. It just makes everything easier. If both the OP and the fiance are legal residents of Spain, I don't see why couldn't get married and do a DCF through the US embassy in Spain? OP, go look at the Guides and look at "Direct Consular Filing." It's generally much faster if you meet the requirements. You're also right: a co-sponsor who is in the USA would probably be required in your situation since it's unlikely that you'd be able to meet the requirements on your own.

Just make sure you're completely sure and completely trust each other before you get married. You need to sit down together and hammer out exactly what you both want out of life: careers, children, religion, life views, etc etc. 18 is pretty young, but it works for some people.

That helped with the amount of options I may possibly have. I didn't know I could do that. We're positively, absolutely, 100% sure about everything we're about to do. We've discussed all of those topics and many, many more. Thank you very much for the advice!!!

[Amanda & Simo 7]

My mother is also moving back with us, as is my brother. They are both going to sponsor us. I'm still a tad bit confused on how that part is going to work, since they're not actually working there, but I might talk to a lawyer unless you know anything else about that.