jeffreyhy

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

Tracym

Sure.

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.

USA & Pakistan

Okay... I think I got it. The guy came over on a k3, which only needs an I-134. Then once here, they got married, which made her legally emancipated and therefore could sign as an adult.

Marnee

Tracym

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....?

USA & Pakistan

Jeez... haha... I know that... we did a k1! Yes, I meant he came over on a k1.

Marnee

Tommylee

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..

Tracym

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.

Tommylee

Aye, sorry i know that its just a glimmer of hope that's all...and sometimes nice to have

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.

Tracym

Ok, lets have a hunt for wisconsin law then

I will have no clue as to the federal angle, if there is one.

Tracym

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.

Tracym

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.

USA & Pakistan

So, whether they do a k1, k3, or CR1, she should still be able to sign the forms if the NVC will recognize her emanicpation status. This sounds like a good question for an immigration attorney before starting the process.

Marnee

Tracym

And finally, the actual Wisconsin law re married:

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.

Tracym

It would appear so.

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.

Tommylee

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