Longer evidence packet = longer wait time?

[Queko05 1]

Hi all,

Me and my fiance are currently filing for the K-1.

I'm 17 and he's 18 (UK).

The whole packet turned out to be ~100 pages, with the addition of parental consent and their proof of IDs.

Does this mean longer wait time -- we're going to file on monday. 

[Crazy Cat 39,627]

When is the last time you were actually together in the same place?  You do realize that he cannot work inside the US for up to 6 or 8 months?  He cannot leave the US for 6 to 8 months?  Have you really given this the proper amount of thought?  Your future depends on it.

I don't see the size of the packet causing any issues.  Your age and your eligibility to marry in your state might raise questions.

The immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.

Edited May 10 by Crazy Cat

[Queko05 1]

@Crazy CatOh yes, fully aware. As for when was the last time, yesterday. We've known each other all of our lives (I'm a dual UK-US citizen and lived in the UK for 15 years). I only moved back to the U.S. September 23. 

[MalloryCat 39]

i don't think the longer packet will cause a longer wait time.

Regardless of parental consent USCIS might take longer because of your age, since the legal age to marry in every state except 2 is 18.

 

"Both the U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter. The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place."

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html

 

you may be able to get around that with the parental consent, but USCIS might still take issue with it.

Not sure when you turn 18, but you might be better off waiting until then so you don't waste money or time.

[OldUser 5,072]

100 pages is nothing. My AOS, I-751 packets were over 300 pages each. More good evidence = stronger the case. Stronger the case = less chance for RFE. No RFE = no delay associated with RFE.

[Queko05 1]

2 hours ago, MalloryCat said:

i don't think the longer packet will cause a longer wait time.

Regardless of parental consent USCIS might take longer because of your age, since the legal age to marry in every state except 2 is 18.

 

"Both the U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter. The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place."

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html

 

you may be able to get around that with the parental consent, but USCIS might still take issue with it.

Not sure when you turn 18, but you might be better off waiting until then so you don't waste money or time.

I think all states require 18 without consent, 16-17+ parental consent (both of my parents consent and we included signed consent letters under perjury and copies of their passports and birth certificates). 
 

Why would USCIS take issue with that?

[MalloryCat 39]

8 minutes ago, Queko05 said:

I think all states require 18 without consent, 16-17+ parental consent (both of my parents consent and we included signed consent letters under perjury and copies of their passports and birth certificates). 
 

Why would USCIS take issue with that?

I would think they would take issue with it because you are still under age. even with parental consent.

Like i said, you may still be able to get by with the consent forms, but the process might take longer.

 

sponsoring a visa is not a simple thing. There's a lot of rules that go along with it.

 

It might be worth contacting USCIS directly so see if there is an issue with you filing an I-129f at 17.

I don't think its very common to be that young filing this kind of visa petition, as there is not a lot of information about it.

The only thing I could find that says other wise, it filling out an affidavit of support (I-864), where you have to be at least 18 to file it, even with a joint sponsor.  But that form doesn't come until after the K-1 visa process is complete.

 

[SneakyPete 67]

100 pages sounds like too much for I-129F. Entirely unnecessary at USCIS stage. 

[OldUser 5,072]

49 minutes ago, SneakyPete said:

100 pages sounds like too much for I-129F. Entirely unnecessary at USCIS stage. 

It is somewhat subjective. The burden of proof is always on the petitioner. If it's all relevant proof and not local train schedule, it's all a fair game. 

Edited May 10 by OldUser

[SneakyPete 67]

Burden of proof of what? MAin requirement is intent to marry within 90 days which is satisfied by 2 letters of intent and a single face to face meeting within 2 years. Which is usually satisfied via passport stamps, photos at known landmarks, or  I-94s if it is beneficiary the one visiting. 

[OldUser 5,072]

32 minutes ago, SneakyPete said:

Burden of proof of what? MAin requirement is intent to marry within 90 days which is satisfied by 2 letters of intent and a single face to face meeting within 2 years. Which is usually satisfied via passport stamps, photos at known landmarks, or  I-94s if it is beneficiary the one visiting. 

1) Proof of validity of relationship. E.g. the fiancé is not being sponsored for fraudulent reasons. This is probably majority of pages in OP's evidence.

2) Proof of identities of petitioner and beneficiary

3) Supporting documentation for any convictions in the past

4) Proof both parties are free to marry

5) Proof of the plans to marry

6) Proof of meeting face to face in the last 2 years

 

[KMG 5]

10 hours ago, Queko05 said:

Oh yes, fully aware. As for when was the last time, yesterday. We've known each other all of our lives (I'm a dual UK-US citizen and lived in the UK for 15 years). I only moved back to the U.S. September 23. 

Congrats on knowing the love of your life your whole life!  Go for it!  don't think the size of the packet will make a difference.  If anything you will avoid and RFE. By the time everything gets approved you may be 18 anyway.  They are currently taking about a year.

[SneakyPete 67]

I-129F approvals for most people are significantly faster than a year. Rest is Embassy dependent. 

[Family 3,551]

8 hours ago, MalloryCat said:

I would think they would take issue with it because you are still under age. even with parental consent.

Like i said, you may still be able to get by with the consent forms, but the process might take longer.

 

sponsoring a visa is not a simple thing. There's a lot of rules that go along with it.

 

It might be worth contacting USCIS directly so see if there is an issue with you filing an I-129f at 17.

I don't think its very common to be that young filing this kind of visa petition, as there is not a lot of information about it.

The only thing I could find that says other wise, it filling out an affidavit of support (I-864), where you have to be at least 18 to file it, even with a joint sponsor.  But that form doesn't come until after the K-1 visa process is complete.

 

You are right on the age alert. .fot the I-864 , sponsor must be 18. ..so even if processing is lightning speed, no AOS til OP is 18.

‘The I-129 F at USCIS stage won’t have a problem as there is no requirement.

 

At consulate …seems like it could be roll of the dice …as I am assuming OP is a student and likely dependent on parents. Beneficiary can try scouting some employment offers from US companies around the time of interview  and OP parents can do an I-134 as well
 

 

 

 

 

 

https://fam.state.gov/fam/09FAM/09FAM050207.html

c.  (U) Public Charge, Evidence of Support:

(1)  (U) A K visa applicant and any accompanying children must meet the public charge requirement of INA 212(a)(4) like any other visa applicant.  While evidence of support is usually requested, there is no absolute requirement that an affidavit of support or other public charge documentation be presented.  It is only necessary that you conclude that the applicant is not likely to become a public charge.  It would not be unusual, therefore, for a healthy applicant of working age, applying alone, to establish eligibility during the visa interview without the need for substantiating documentation.

(2)  (U) Form I-864, Affidavit of Support Under Section 213A of the Act, cannot be required.  Applicants may submit a letter from the petitioner’s employer or evidence that they will be self-supporting.  Form I-134, Affidavit of Support, may be requested when you deem it useful.

 

https://fam.state.gov/fam/09FAM/09FAM060114.html

[SteveInBostonI130 3,328]

10 hours ago, Queko05 said:

I think all states require 18 without consent, 16-17+ parental consent (both of my parents consent and we included signed consent letters under perjury and copies of their passports and birth certificates). 
 

Why would USCIS take issue with that?

 

The job of USCIS 1) to see if there is anything that can disqualify a petition, and 2) to verify the information provided, and by extension, the validity of the petition.  

 

One thing going for you is that you do not need to establish proof of bona fide relationship for the I-129F.  You just need to provide proof of the 3 basic requirements:  the petitioner is a US citizen, both parties are free to marry and intend to marry, and the parties have physically met within the last 2 years.  USCIS will also check that the petitioner does not have a criminal history that bars from qualifying.   The approval of the fiance visa itself by the embassy is a separate matter, which requires background checks of the beneficiary, relationship evidence, and other requirements.