17 year old petitioner with parental permission

[JFH 12,189]

Her mother can complete the form on her behalf if she is unable to complete the form for whatever reason (blind, unable to read or write, paralysed, etc) but the details must be your girlfriend's details, not her mother's. You are marrying the girlfriend, not her mother.

[Cheezees 1,514]

This is the first time I am seeing a case like yours (parental consent). My best advice would be the cliched "Google is your friend".

Sorry haha, wrong wording!

I figured as much but I just couldn't let you get away with it...

[lost_at_sea 995]

Thank you so much guys, I really appreciate it! I'm feeling much more relieved now, I'm glad to hear that the age shouldn't be a problem. As for the parental consent, her mother is her primary caregiver, when submitting the i-129f, would it be best for her to complete the form and then attach a letter with her consent to the marriage? and are there any guidelines that should be followed when writing the letter?

Your fiancé completes the form, and she can attach a letter written by her mother with the additional evidence she's going to be sending. It may be best if she gets it notorized. Missouri only requires one parent of each under-18 person to sign-off on the marriage permission, so you've got that covered.

She should just write something formal like "I [full name], do consent to allow my daughter [name] to marry [your name]." or something. Dated, signed, addressed to USCIS. Google "formal permission letter template", and you'll find something you can use.

[AliciaPage 0]

Thanks guys, your help is greatly appreciated! Much more at ease now that I've seen your replies.

[lost_at_sea 995]

That's why this forum's here! Happy to help. Good luck!

[AliciaPage 0]

Going to America with the INTENT to marry and stay is marriage fraud.

What he/she is suggesting is marriage fraud. K3 is obsolete.

Phew, thank you for clearing that up for me.

[Beth & Achraf 328]

I have considered this, but I am also worried about being deported back to Australia. if I were to go visit and get married, apply for a green card while I am there, do you think there would be an complications? And what would the process of this be, I'm assuming a K3?

Coming here on a visitors visa and knowing your going to marry then stay here to Adjust status, its fraud...... sorry, no nice way to say the F word, Fraud.

[Ontarkie 13,918]

~~Post removed for TOS Violation, along with those quoting. - Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.~~

[Adil & Jeanne 296]

you need to know the costs

As of early 2016 the total filing fees for the K-1 process were $340 for Form I-129F (filed with USCIS), $265 to apply for the K visa (paid to the consulate), and $1,070 for Form I-485 and the adjustment of status packet (filed with USCIS), including the biometrics fee.

plus the costs to go meet her if you haven't met in person and the cost to bring her here

income for you and her (2 person household ) needs to be $19912.50 kinda hard for someone of your age to be making / not a judgement call just thinking to let you know all you are in for

[Cheezees 1,514]

Since the mother is sponsoring, the household size will be three and he would be the immigrant, not her.

[simsim2 50]

I don't think you would have any problems filling the I-130 under 18 but you might have a problem filing the I-864 before 18. If I remember correctly, financial contracts are not enforceable if it was signed when you are under 18. The mother being the joint sponsor might do the trick but your soon-to-be wife will also have to submit one even if her income is not sufficient - and it should be considered void because a minor cannot sign a legally binding contract

[lost_at_sea 995]

By the time they get to the I-864 during AoS, she's probably going to be 18 already. OP, how far off her next birthday is she?

But you do seem to be correct, simsim2, the I-864 page states:

"Sponsor for Affidavit of Support

If you filed an immigrant visa petition for your relative, you must be the sponsor. You must also be at least 18 years old and a U.S. citizen or a permanent resident. You must have a domicile in the United States or a territory or possession of the United States. Usually, this requirement means you must actually live in the United States, or a territory or possession, in order to be a sponsor. If you live abroad, you may still be eligible to be a sponsor if you can show that your residence abroad is temporary, and that you still have your domicile in the United States."

https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support

So, that could put a spanner in the works. If she's 18 before AoS, but still 17 during the K1 process - I'm not 100% sure how they'll choose to adjudicate the I-134, since that document is only short term and they generally don't expect as much for it. Her mother being the only one to complete the I-134 there will probably be OK.

But if she's not turning 18 in that 90 day window where they need to marry and do AoS, they may decide to deny knowing that she (the new wife) won't be able to sponsor on the I-864. If they don't deny the K1, she doesn't turn 18 in the 90 days and can't AoS, they may be stuck waiting until she does turn 18 to file AoS, leaving him in that weird out of status position where he can't work, go to school or leave the USA etc.

Edited August 25, 2016 by lost_at_sea

[Cathi 5,613]

have you met in real life?

[Natonstan 129]

Hey, my petitioner wife was 17 years old, I submitted all papers, got an RFE asking for Parental Consent forms.. wouldn't mind but the RFE came October, her 18th birthday was only the following month in November, anyways we sent the consent forms back and it all went perfectly after that, Got K1 issued, got married, got AOS approved and now waiting to do ROC in December

I should point out I did have a joint sponsor also, her father was my co-sponsor for my K1.

[lost_at_sea 995]

Hey, my petitioner wife was 17 years old, I submitted all papers, got an RFE asking for Parental Consent forms.. wouldn't mind but the RFE came October, her 18th birthday was only the following month in November, anyways we sent the consent forms back and it all went perfectly after that, Got K1 issued, got married, got AOS approved and now waiting to do ROC in December

I should point out I did have a joint sponsor also, her father was my co-sponsor for my K1.

That's good to know! She was 18 when you were doing AoS though, correct?