Minimum age to file a I-130 form to adjust status I-485?

[neualex 0]

Hi folks,

I'm reading the latest I-130 form and I don't find any minimum age to file this form petitioning for a spouse?

Is there a minimum age to petition for a spouse? Or, as long as they have a valid marriage license USCIS should not reject the application?

They both live in Maryland, one has a tourist visa, the other one is a LPR.

Your feedback is appreciated.

Thanks,

...Alex

[Hypnos 6,576]

The petitioner must be at least 18 years old. If they're an LPR then the beneficiary would not be able to file an I-485 until the I-130 priority date was current under "dates for filing" under the new visa bulletin system. This would take approximately 7 months at the current rate.

The alien must also remain in status until their I-485 was accepted for processing by USCIS.

Edited January 27, 2016 by Hypnos

[Alaska2012 462]

You say they both live in Maryland, you mean one is visiting in Maryland? He or she can't live here holding a tourist visa... and since one is an lpr the one on tourist visa can't just adjust..

[newacct 688]

According to this, there is no minimum age to petition a spouse; however, a sponsor must be 18 to sign the Affidavit of Support, and an Affidavit of Support from the petitioner is a necessary step in the process, so effectively it means the petitioner must be 18 for the spouse to be able to immigrate.

[Darnell 8,478]

Hi folks,

I'm reading the latest I-130 form and I don't find any minimum age to file this form petitioning for a spouse?

Is there a minimum age to petition for a spouse? Or, as long as they have a valid marriage license USCIS should not reject the application?

They both live in Maryland, one has a tourist visa, the other one is a LPR.

Your feedback is appreciated.

Thanks,

...Alex

eh - are they seeking a spousal immigrant visa or seeking to adjust status ?

[neualex 0]

Thanks all for your prompt response.

Let me clarify, they are looking to adjust status.

She is a soon-to-be 17-year-old LPR, he is a soon-to-be 18-year-old with tourist visa.

I confirmed, they can get married in Maryland, but I understand from your responses she has to be at least 18 years old to petition for him, is that accurate?

[Penguin_ie 5,986]

Yes, and he cannot adjust status, only spouses of citizens can.

What they can do is get married and start the spousal visa process; by the time of the interview, she will likely be 18 and so can file the I-864.

[neualex 0]

@Queen Penguin, thank you!

I'll advise her to get started on the citizenship process, but she only has one year as LPR, she needs wait 4 more years to apply for citizenship

Could you please confirm only spouses of US citizens can adjust status?

What if he gets married in the US, goes back to his country before the authorized stay as tourist expires, can we adjust then?

In a nutshell, he arrives 02/01/16, they get married on 02/02/16, we apply once we get the marriage license, is that acceptable?

Please advise.

[Darnell 8,478]

ah, young love.

this is planned, intent to adjust status, prior to arrival in USA?

INTENT matters, at the Port of Entry.

[Transborderwife 4,666]

@Queen Penguin, thank you!

I'll advise her to get started on the citizenship process, but she only has one year as LPR, she needs wait 4 more years to apply for citizenship

Could you please confirm only spouses of US citizens can adjust status?

What if he gets married in the US, goes back to his country before the authorized stay as tourist expires, can we adjust then?

In a nutshell, he arrives 02/01/16, they get married on 02/02/16, we apply once we get the marriage license, is that acceptable?

Please advise.

You can apply for an f2a which will take about 1.5-2 years

[neualex 0]

ah, young love.

this is planned, intent to adjust status, prior to arrival in USA?

INTENT matters, at the Port of Entry.

Yes, it is planned.

They even thought about getting married here in the US, he goes back to his country and she petitions for him as LPR with I-130 form.

Thoughts?

Which venue is quicker and safer?

At the end, all they want is to be together.

[neualex 0]

You can apply for an f2a which will take about 1.5-2 years

So, spouses of LPR with an unexpired visa get a F2A category, correct?

That works!

[Transborderwife 4,666]

They cannot do it in country though. No way around the wait

Edited January 27, 2016 by Transborderwife

[neualex 0]

They cannot do it in country though. No way around the wait

She cannot petition for him as LPR while he is in the US, so get married in the US, he goes back to his country of origin, she petitions for him as LPR with I-130 and he gets a F2A category, is that what you are saying?

[Transborderwife 4,666]

She cannot petition for him as LPR while he is in the US, so get married in the US, he goes back to his country of origin, she petitions for him as LPR with I-130 and he gets a F2A category, is that what you are saying?

Yes. The process will be about 2 years.