wak

Look at this link of fareign affair manual: http://www.state.gov/documents/organization/86988.pdf

9 FAM 40.41 N5.2 Defining "Sponsor"

(CT:VISA-1126; 12-03-2008)

a. To qualify as a sponsor, an individual must be a natural person (not a corporation or other business entity) who:

(1) Is a citizen, national, or lawful permanent resident (LPR) of the United States (including conditional residents);

(2) Is at least 18 years of age;

(3) Filed the petition which forms the basis for the visa application (or has a substantial interest in the entity which filed the petition); and

(4) Is domiciled in any of the 50 States of the United States, the District of Columbia, or any territory or possession of the United States. (See 9 FAM 40.41 N6.)

b. If the relative petitioner does not meet the qualifying criteria to be a sponsor (for example, by being under 18 years of age or not domiciled in the United States), the visa applicant must be found ineligible for a visa under INA 212(a)(4) until such circumstance no longer exists.

Ur visa is denied under this section i have been on hold under this section as well.

Do anyone now what does this "(or has a substantial interest in the entity which filed the petition)" exactly means ?

How old is the US citizen, and how old is the foreign fiance(e)?

How old do you have to be in home country to legally be free to marry?

Some of the hurdles are that your legal guardian has to sign documents for you as you can't do it. One thing is consent, another is all the documents signed in your name. That, and ofcourse if you're the foreign fiance, how can your legal guardians appear as it states here;

If you are 16 or 17 years of age,(...) Your parents or guardians must give their consent in person before the town or city clerk or some other authorized official.

There are ways to get around it but you're dealing with USCIS. They're federal but will take certain factors into consieration(such as waiting period from divorced to re-marrying) when it's state-dependant to determine your eligibility.

USC is 16 and alien Fiance, that is me , is 24

In Pakistan 18 is the legal age to marry for Males and 16 for Females ...

We did submit the written parental consent with the petition ....

Lets see how USCIS respond , we are certainly of legal age to marry in NY state

Is wak / original poster the US citizen or the alien fiancee? I assumed OP was the USC.

No I am alien Fiance and my fiancee is USC , 16 years old

That is what the paper says. Section 212 a5 non petitionable relationship.

SEE ATTACHMENT,

What happened to you then?

My wife didn't tell me that she was given a reason immediately... just handed that paper. What happned to your case afterwards? Did you refile? Did you appeal? outcome?

Here is attachment of ONLY letter given to her.

She told me that I am refusing you because your fiancee is under age, not 18 years old. So you are welcome to apply after she turns 18.

Now I contacted an attorny and he told me to refile the petition in next few months, but i dont believe them cause last time my petition was filed by an attorny and it has been refused..... and I guess I will wait for a year now ..

my thoughts to you is to send the Skype/FB logs to embassy ASA as told to you by embassy and also prepare a strong set of evidence to prove your case when USCIS office will send you the letter regarding the denial

She was nervous.. they asked her do you know your husband has another house here? And she said no. That was strange to ask as I am a US citizen. I grew up here, went to school here and work here. They also asked her how we met and it was through a marriage buearu that my aunt took us to. I talked to her and we decided we were fit for each other after spending a day together. She told them this as well... I am 27 and she is 21. No other marriages no relationship. It was this african american lady whom I read about on this forum who rejected her. She didn't even bother going through pics and stuff.

Not at all, my brother who marrie 6 years ago was related to his wife and that wasn't a issue

It was the same lady that took my interview as well , she wwas rude and the same way did'nt look on any proof that I brought .....WTH >.<

Hey,

As a matter of incident I was also refused K1 on the same date

You havent told the reason that CO gave you for the refusal. In my case she told me clearly the reason for the refusal.

I would not recommend to go to an attorny (They always will tell you to petition cause this is where they get money----well most of them) or refile petition with out complete understanding on the cause of refusal. Merely filling petition again will not give you any advantage you need to mitigate the cause of refusal

Wish you best of luck

I really not enjoy the quagmire of learning about your casefile status piecemeal.

Would you please, purty please with curry laksa on it,

start at the beginning, and write a longish narrative, describing what's happened on interview day to today?

Thanks in advance !

Well my succinct and laconic account of casefile may not make you fulsome , satisfying your verbosity and aesthetic requirements. But anyone who is involved in the visa process can easily understand what I am asking and honestly give me some helpful info.

So

"I applied for K1 and refused by CO on the basis of 212(a)(5)underage petitioner, relationship is not petitionable"

In case you dont know what happens to refused K1........It goes back to USCIS for review with a recommendation of revocation.

Regards

uscis is not the DOS.

It's the DoS that has the final say, using THEIR rules.

Please study a bit more, what the DoS requires.

So you are saying that DOS will review the refused case not USCIS?

If so then why embassy has send my case to USCIS with recommendation to revoke my petition?

Let me explain u the legal age of filing of petetion for I-129F. This is a guranted 100% correct reply based on my experience i have also faced same issue for my visa as well. There is no legal age for filing of visa petetion remember it. If some one want to marry in US he or she must be legal age as per the age requirement of the state. some states allow 16 years marriage with parental consent and some states dont allow. 18 year is a free age for marriage in usa. However incase of visa processing every visa applicant has to file affidavit of support I-864 or I-134 under section 231-A of american citizenship act therefore at the time of interview of applicant at the embassy the petetioner should be 18 years of age other wise counsellor officer will refuse visa uder section 214 of american citizenship act. 18 years age is mandatory for a sponsor to fill up I-864 thats why the visa is declined. If you need any other information feel free to ask.

Thanx all for replying

@ addelwali

CO did not say any thing about I-864 or I-134, in fact he did not see anything at all! but yes it could be a strong reason..

CO refused under "212(a)(5)underage petitioner. relationship is not petitionable"

and why USCIS did not refuse the I-129f before coming to embassy?

and does it goes the same if I marry and file i-130?

btw this goes like "yes you can file K1 if under 18 but we are going to refuse it anyways".... then why do they accept it if they are going to refuse it latter

both have to be legal to married when filing.

Still Confused??

Should age be no less than 18??

Immigration is a federal matter.

okay

But on "www.state.gov/"

They say that both should be of legal age to marry according to the state in which marriage is going to take place?????

Immigration is a federal matter.

to be exact it is written "The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place. "

On http://travel.state.gov/visa/immigrants/types/types_2994.html

You both must be of legal age to marry when you file the petition.

Legal age in NY is 16 with parent consent ,

But still CO refused saying that under federal law legal age to file petition is 18????

I am refused for being 16!!!!!

Anyone has any info abt it , plz share

What is the legal age to apply for K1 fiance visa?

Can I apply before 18?