Advise needed
#106
Re: Advise needed
T,
True, but the sponsored alien spouse's financial resources can be included with the sponsor spouse's resources. The sponsored alien is, after all, a Household Member.
Regards, JEff
True, but the sponsored alien spouse's financial resources can be included with the sponsor spouse's resources. The sponsored alien is, after all, a Household Member.
Regards, JEff
#107
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Re: Advise needed
But the issue here is that the wife-to-be is 16 years old, and cannot legally sign the I-864.
Even if hubby-to-be managed to save up the money before applying for AOS ($66,000 for 3 I believe) she cannot (apparently) legally sign the legal contract of the I-864 until she turns 18.
#108
Re: Advise needed
Marnee
#109
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Re: Advise needed
Perhaps you meant a K-1 fiance visa?
Is someone that is married automatically legally emancipated in all states? I am just wondering, as the immig. lawyer on this forum didn't seem to think so, as he mentioned the I-864 problem.
Edit: Apparently it does vary by state, from what I have been able to see. Then, since immigration is governed by federal law, I wonder what they would think. Mr. F....?
Last edited by Tracym; Jul 19th 2008 at 9:12 pm.
#110
Re: Advise needed
Except for a K-3, they had to already be married.
Perhaps you meant a K-1 fiance visa?
Is someone that is married automatically legally emancipated in all states? I am just wondering, as the immig. lawyer on this forum didn't seem to think so, as he mentioned the I-864 problem.
Edit: Apparently it does vary by state, from what I have been able to see. Then, since immigration is governed by federal law, I wonder what they would think. Mr. F....?
Perhaps you meant a K-1 fiance visa?
Is someone that is married automatically legally emancipated in all states? I am just wondering, as the immig. lawyer on this forum didn't seem to think so, as he mentioned the I-864 problem.
Edit: Apparently it does vary by state, from what I have been able to see. Then, since immigration is governed by federal law, I wonder what they would think. Mr. F....?
Marnee
#111
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Re: Advise needed
Wonder what Mr.F thinks of this also..
#112
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Re: Advise needed
Well I guess this would be the route for me then...if its been done before then I dont see why it would be a problem again, if once married you can legally consent to sex etc (which by law is 18) would make sense to me that they become legally able to sign the paper?
Wonder what Mr.F thinks of this also..
Wonder what Mr.F thinks of this also..
Just because it seems logical, doesn't mean it will be legal.
However, it might.
Care to say what state your fiancee lives in? Then you/we could look up the laws of that state re. emancipation?
I am still curious re. the federal angle however.
#113
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Re: Advise needed
Sigh. Just because it worked for somebody somewhere once does not mean it will work for you.
Just because it seems logical, doesn't mean it will be legal.
However, it might.
Care to say what state your fiancee lives in? Then you/we could look up the laws of that state re. emancipation?
I am still curious re. the federal angle however.
Just because it seems logical, doesn't mean it will be legal.
However, it might.
Care to say what state your fiancee lives in? Then you/we could look up the laws of that state re. emancipation?
I am still curious re. the federal angle however.
Wisconsin.
Of course not everything is set in stone with immigration and there are many angles to it, however i believe if we follow the law then we have no problem.
#114
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Re: Advise needed
I will have no clue as to the federal angle, if there is one.
#115
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Re: Advise needed
"In Wisconsin, to be an adult, a person must be 18 years old or older [WSA 48.02(1d), 48.02(2)] or an emancipated minor. An emancipated minor, under Wisconsin law, includes (1) a married, widowed or divorced person who is at least 16 years old, (2) a minor who has given birth, (3) a minor emancipated by court order, (4) a minor emancipated by parental consent, and (5) a minor living on his or her own who is not supported by parents. [WSA 48.375(2)(e), 765.02(2), 880.04(1), 895.037(1)(c)] Emancipated minors are able to give legal consent to treatments or procedures involved in research."
http://www.grad.wisc.edu/hrpp/10057.htm
This article is for a different purpose, but sounds like she is.
#116
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Re: Advise needed
It sounds like she already is an emancipated minor - it appears that Wisconsin considers her one because she gave birth.
"In Wisconsin, to be an adult, a person must be 18 years old or older [WSA 48.02(1d), 48.02(2)] or an emancipated minor. An emancipated minor, under Wisconsin law, includes (1) a married, widowed or divorced person who is at least 16 years old, (2) a minor who has given birth, (3) a minor emancipated by court order, (4) a minor emancipated by parental consent, and (5) a minor living on his or her own who is not supported by parents. [WSA 48.375(2)(e), 765.02(2), 880.04(1), 895.037(1)(c)] Emancipated minors are able to give legal consent to treatments or procedures involved in research."
http://www.grad.wisc.edu/hrpp/10057.htm
This article is for a different purpose, but sounds like she is.
"In Wisconsin, to be an adult, a person must be 18 years old or older [WSA 48.02(1d), 48.02(2)] or an emancipated minor. An emancipated minor, under Wisconsin law, includes (1) a married, widowed or divorced person who is at least 16 years old, (2) a minor who has given birth, (3) a minor emancipated by court order, (4) a minor emancipated by parental consent, and (5) a minor living on his or her own who is not supported by parents. [WSA 48.375(2)(e), 765.02(2), 880.04(1), 895.037(1)(c)] Emancipated minors are able to give legal consent to treatments or procedures involved in research."
http://www.grad.wisc.edu/hrpp/10057.htm
This article is for a different purpose, but sounds like she is.
http://www.quarles.com/files/Publica...ate%201006.pdf
This one has to do with consent for HPV vaccines, but seems to give the same info.
#117
Re: Advise needed
It sounds like she already is an emancipated minor - it appears that Wisconsin considers her one because she gave birth.
"In Wisconsin, to be an adult, a person must be 18 years old or older [WSA 48.02(1d), 48.02(2)] or an emancipated minor. An emancipated minor, under Wisconsin law, includes (1) a married, widowed or divorced person who is at least 16 years old, (2) a minor who has given birth, (3) a minor emancipated by court order, (4) a minor emancipated by parental consent, and (5) a minor living on his or her own who is not supported by parents. [WSA 48.375(2)(e), 765.02(2), 880.04(1), 895.037(1)(c)] Emancipated minors are able to give legal consent to treatments or procedures involved in research."
http://www.grad.wisc.edu/hrpp/10057.htm
This article is for a different purpose, but sounds like she is.
"In Wisconsin, to be an adult, a person must be 18 years old or older [WSA 48.02(1d), 48.02(2)] or an emancipated minor. An emancipated minor, under Wisconsin law, includes (1) a married, widowed or divorced person who is at least 16 years old, (2) a minor who has given birth, (3) a minor emancipated by court order, (4) a minor emancipated by parental consent, and (5) a minor living on his or her own who is not supported by parents. [WSA 48.375(2)(e), 765.02(2), 880.04(1), 895.037(1)(c)] Emancipated minors are able to give legal consent to treatments or procedures involved in research."
http://www.grad.wisc.edu/hrpp/10057.htm
This article is for a different purpose, but sounds like she is.
Marnee
#118
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Re: Advise needed
Another source, saying the same thing:
http://www.quarles.com/files/Publica...ate%201006.pdf
This one has to do with consent for HPV vaccines, but seems to give the same info.
http://www.quarles.com/files/Publica...ate%201006.pdf
This one has to do with consent for HPV vaccines, but seems to give the same info.
http://nxt.legis.state.wi.us/nxt/gat...d=stats&jd=top
48.375(2)(e)
(e) "Emancipated minor" means a minor who is or has been married; a minor who has previously given birth; or a minor who has been freed from the care, custody and control of her parents, with little likelihood of returning to the care, custody and control prior to marriage or prior to reaching the age of majority.
(6) Emancipation of married minors. Except for a minor found to be incompetent, upon marriage, a minor is no longer a proper subject for guardianship of the person and a guardianship of the person is revoked by the marriage of a minor ward. Upon application, the court may release in whole or in part the income and assets of a minor ward to the ward upon the ward's marriage.
#119
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Re: Advise needed
I just remember a discussion, where gay folks could be legally married in California, but that would not be recognized for immigration which went by federal law.
So I wonder about the same thing here - I doubt there is any federal law on emancipation though, I shall have a hunt.
#120
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Re: Advise needed
Im currently on the phone with my gf and she was indeed told she was emancitpated due to giving birth and can now legally handle contracts, and do her own health insurance etc!!!
SO IM HAPPY AND AS SHE!
of course we will consult an attorney first, but seems everything will be fine she'll be almost 18 by the time everything is finished, but hopefully we wont have to wait that long
SO IM HAPPY AND AS SHE!
of course we will consult an attorney first, but seems everything will be fine she'll be almost 18 by the time everything is finished, but hopefully we wont have to wait that long