Can someone please explain this process to me, your own experiences?

[TBoneTX 47,547]

You will not have any issue with age for your K1. You over stress yourself. You are not from a high fraud country.

You do not need to hire attorney because it is a waste of money but if you want to, feel free to hire them.

This process is easy and it's just filling out paperwork and all the instructions are written clearly.

Please avoid providing absolute assurances to anyone on these forums. No one is assured of anything during this process.

-- The age difference might not be an issue; this won't become clear until the visa interview.

-- We don't know every particular of the OP's situation, so saying not to hire an attorney is premature.

-- The process is not easy for some people who lack the time, inclination, or attention to detail necessary to handle the petition paperwork.

TBoneTX

on behalf of VJ Moderation

Edited November 10, 2013 by TBoneTX

[Boiler 47,526]

If he is 16 then there could be an issue?

[MissFrankenstein 0]

He's 18

[Jeanna 21]

We had no problem; we went ahead and put our co-sponsors 3 years of tax transcripts and the I-864 with our packet for my fiance to take to the interview. We also only met three times (only twice before filing!) and had no issues with that either. Best of luck!

[Avery Cates 1,141]

The attorney said that these would raise suspicion and we should hire an attorney to handle such a "complicated case" :/

Haha of course he did. Funny, he just so happens to know an attorney who will be more than happy to take your money! Seems legit.

I doubt you'll have a problem. The only thing you'd be paying an attorney to do is fill out and send in forms, which he won't have any particular sense of urgency about doing. The age different is a bit up there, but not terribly uncommon here in the US, and I doubt in Australia either. Not enough to raise a red flag, provided you're able to prove well that this is a legitimate relationship and not just for the purpose of immigration to the US. Being from a low fraud country helps a lot. My fiancee is from one and they pretty much just wave you through the interview.

You don't have need for a lawyers "expertise." You can easily do this yourself. Have your fiance start the I-129f. Make plans for yourself to fill out and mail with original signatures a G-325A and Letter of Intent. Come up with the fee for submitting the petition and send it on in with some solid proof of having met in the last 2 years, and then it's pretty much a waiting game for it to get approved and sent to the embassy in Australia, who will send you further instructions once that happens. It's true that some embassies don't accept co-sponsors, but to my knowledge Australia isn't one of them.

You're doing it the smart way going this route, as opposed to the somewhat tricky gray area suggested by this lawyer.

[Cathi 5,849]

You do not need to hire an attorney for this! This is a simple process and you can follow the guide here for filling

I will not suggest you to go on tourist visa and get married, you clearly have immigrant intent! That is visa fraud. You might get denied at AOS for visa fraud and then get deported.. Banned for 4 or 10 years? We don't know that.

Your income will not affect the K1 visa assuming you are the beneficiary. Only the petitioner income matters! You can use a co-sponsor. Wherever you read saying no co-sponsor is allowed is a lie! Some embassy do not like co-sponsor but in the law/books co-sponsor is allowed..

Hope that clarify all your doubts about the process

it is a lifetime ban with no waiver or appeal. EVER.

[bigdog 377]

Do this yourself, save the money. You will do all the prep work and he will get paid. Don't commit fraud, just do this straight up. Good Luck.

[Boiler 47,526]

He's 18

That is unusual, would explain why he is not working, still at School?

Also begs the question how old he was when you were visiting, be careful.

[Ghoul 0]

Sorry MissFrankenstein.

Edited November 10, 2013 by Ghoul

[Ghoul 0]

I'm in a very similar situation to you. Very similar age difference, situation, etc. We're about to take the K1 route but I'v been told by a few attorneys that I need to hire them for our age difference alone. But at the same time, we have friends and even his family who are supportive of our age difference and will help us if any red flags are raised.
Are his family supportive?

[JayJayH 546]

He's 18

That is unusual, would explain why he is not working, still at School?

Also begs the question how old he was when you were visiting, be careful.

Don't you have to be 21 to petition for someone...?

I'm in a very similar situation to you. Very similar age difference, situation, etc. We're about to take the K1 route but I'v been told by a few attorneys that I need to hire them for our age difference alone. But at the same time, we have friends and even his family who are supportive of our age difference and will help us if any red flags are raised.

Are his family supportive?

Look at your relationship from an outsider's perspective. Someone who has never met you before.

Does your relationship seem legit? Realistic? Can you show reasonable evidence to support it?

These are questions you should ask yourself. Consular officers aren't there to harass people, but they are human, and their job is to make a subjective opinion based on what's in front if them.

[djv-tco 29]

Don't you have to be 21 to petition for someone...?

You only need to be of legal age to marry to petition for someone, but she does say that he's 18 and they've been online dating for 15 months, so that math tells me that she should likely see a lawyer. Laws vary state to state, but it's illegal to solicit a relationship with a minor in the US even if you do not engage in sexual activity until they are of age.

[baron555 934]

I've read that you can not have co-sponsors with the K1 visa,

Only certain Embassies don't allow co-sponsors. Email yours and inquire.

he does not work, he graduated last year and hasnt been doing much of anything... but we have many people who are willing and ready to co-sponsor me.

I do not work.

So neither one of you works.....even if a co-sponsor was to vouch for your petition, how will you two live here in the US.....with no one working?

Edited November 11, 2013 by baron555

[Anna Grant 169]

Baron555 said:

So neither one of you works.....even if a co-sponsor was to vouch for your petition, how will you two live here in the US.....with no one working?

This was my thought exactly.

This immigration process is not going to be cheap. Initial filing fee for the I-129F. Then all the expenses regarding the interview process. Then $1070 for AOS. You are not currently working, which does not affect the immigration process but might affect your chances of getting a job in the US. Many people say they will be happy 'flipping burgers' but change their mind when they see what it pays and the type of unsociable hours they have to work. Make sure that whoever agrees to be your co-sponsor knows what they are signing up for.

An age difference of 10 years is not such an issue when both parties are older. I am 14 years younger than my husband but I am 50. If your boyfriend is 18 and you are 28, then that is a more significant issue. It may be less of an issue if were the other way round and you were 18 and he was 28.

My suggestion is for him to apply himself and get a job ASAP. This idea of 'hasn't been doing much of anything' is not unusual for someone of his age but not the behavior of someone who wants to be a husband. Once he has a job and has a regular income, then look at starting the K1 visa process.

Edited November 11, 2013 by Anna Grant