AoS as underage?

[geowrian 22,335]

32 minutes ago, Coco8 said:

Austria is not in the direct consular filing list so I don't think it would be possible (https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices) and the US citizen has to be in the U.S. to start he process so it would be complicated to start the process outside of the country. 

Why does the USC have to be in the US? That's not a requirement and the delays are only for a little extra mailing time (days among months of waiting). The only complication would be if she moved outside the US and has to prove domicile. But for a student studying abroad, that's usually not an issue since that's a temporary arrangement by nature (and even requires a non-immigrant visa). Permanent residence would still be in the US, so domicile shouldn't be an issue.

 

32 minutes ago, Coco8 said:

You are actually looking at a longer time frame. It would be 2 years until she turns 18 and then almost a year for either processing a fiance visa (K-1) or a year for a CR-1 (spouse visa). You would have to look into both visas when you get to that point.

The 18 year old piece is only for the affidavit of support, which isn't actually required right away. Technically she could file before turning 18 but just not do the K-1 interview until she is 18 and qualifies as a sponsor. For a CR-1, I believe they want to see the I-864 sooner, but the process can still be started before turning 18.

[mrtravel 40]

2 hours ago, Coco8 said:

You are actually looking at a longer time frame. It would be 2 years until she turns 18 and then almost a year for either processing a fiance visa (K-1) or a year for a CR-1 (spouse visa). You would have to look into both visas when you get to that point.

 

Actually I searched Austria instead of Australia and VisaJourney is where I found the info that said it was possible in Austria... Although the OP is talking about Australia..  I didn't make it up, I read it on 
http://www.visajourney.com/consulates/index.php?ctry=Austria&cty=Vienna

 

Edited April 24, 2017 by mrtravel

[Dutchster 1,106]

USCIS closed their field office permanently in Vienna, Austria in 2015. 


Edit: https://www.uscis.gov/about-us/find-uscis-office/international-offices/austria-uscis-vienna-field-office

Please provide correct information or do not comment at all. 

Edited April 24, 2017 by Dutchster

[JFH 12,189]

6 hours ago, geowrian said:

 

 

The 18 year old piece is only for the affidavit of support, which isn't actually required right away. Technically she could file before turning 18 but just not do the K-1 interview until she is 18 and qualifies as a sponsor. For a CR-1, I believe they want to see the I-864 sooner, but the process can still be started before turning 18.

This! I was also thinking there's nothing to stop them getting married sooner (assuming the state where she is permits her to marry so young) and filing the I-130. That will take at least 6 months to approve. She will probably be 17 by then. The NVC has a one-year contact rule. So they could let the petition sit at NVC for up to a year while they wait for her to turn 18 (would probably be less than a year in reality) and then send the I-864, etc. Many people delay the NVC stage of a CR-1 for all sorts of reasons. This is just another reason. 

 

I am am not necessarily saying I think they should get married this young but if it's what they want to do...