Kate2112

Ah good point! Thanks

Ndori

Just out of the Blue, what does Nigeria have to do with this...or maybe you have a cristal ball...I see you coming! and no I am not from Nigeria myself...

Ndori

"Better than Nigeria" I hope you are joking..if not, I really feel sorry for you!

Ray

Nigeria is well know for being a very high immigration fraud area ...
and amongst one of the highest corrupt societies .. 419 mean anything to you ..
My balls are Crystal ...

Ray

True ..Kenya does not have such a high rate of visa fraud ......

Ndori

"My balls are Crystal" false! Crystal doesn't smell!

Ray

Good ..you have learnt how to spell it ...

NOLA_Dave

I may be mistaken, and one of the attorneys can surely help me out on this, but if you sign a contract under the age of 18, it can be broken, correct? Maybe this is just an urban myth or something, but I thought a contract can't be binding on a minor. Therefore, she can't sponsor him because she cannot legally sign an I-864, even with a sponsor.

ian-mstm

In Kentucky, you can marry at age 14. Here in Appalachia, a 14 year old girl is often considered an "old maid" if she's not hitched. We're also well known for our inbreeding. Why... just the other day, I heard a young boy say, "Mom, if you and dad get divorced, will you still be brother and sister?"

That aside, your friend has a bigger problem. Even if she marries him now, she can not file to adjust his status until she's 18. Once his visa expires in July, he'll be out of status until the AOS paperwork is filed. In the meantime, if he happens to get picked up for jaywalking or gets into a bar fight, he might very quickly find himself deported from the US. Marriage to a US citizen will not protect him.

But hey... it's her life and she's welcome to ruin it if she wants, right?

Ian

Rete

However, since she will need and has a joint/co-sponsor I fail to see where the problem is. By the time the AOS is adjudicated she will be over the age of 18 and nulls the issue of being underage for the I-864. This is, of course, that being in Texas she isn't going to be using the Dallas district office.

Englishmum

So does he already have a wife or wives there?

Polygamy is quite the norm there.....but he won't be able to bring any wives to the USA as only marriage between two people is recognised.

Templar

    > > It's legal here with parental consent, but that doesn't negate the
    > > qualifications the USCIS puts on sponsors/cosponsors, and I can see
    > > them limiting it to 18+ for financial and contractual reasons.
    > However, since she will need and has a joint/co-sponsor I fail to see
    > where the problem is. By the time the AOS is adjudicated she will be
    > over the age of 18 and nulls the issue of being underage for the I-
    > 864.
    > This is, of course, that being in Texas she isn't going to be using
    > the
    > Dallas district office.
    > --
    > I'm not an attorney. This disclaimer is valid in NYS!

The eligibility is determined by when the application was made, not when
it was abjudicated. Therefore, USCIS has a right to reject the
application outright.

--
Posted via http://expatforums.com

Rete

That is not true, IMHO. The I-864 is not enforceable until the I-485 is adjudicated and the recipient an [C][L]PR. Thus, the eligibility of the sponsor is not determined until that time.

meauxna

Thinking outloud....

I don't follow it closely enough to say so or not, but it seems that I've read of several RFEs in the past months that are being generated on the I-864 from the MSC. IOW, in the prescreening, or whatever it's called, where they check the AOS packet for completeness before forwarding on to the DO, insufficient incomes are being tagged and returned to the petitioner before being sent on.

I wonder if this would fall under the same type of screening?

scrubbedexpat099

I was under the impression that this was a not unknown practice where the USC's spouse was too low, and they needed an EAD to get a joint income adequate enough.