Advise needed

Old Jul 13th 2008, 4:52 pm
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Default Advise needed

First of greetings to all hope everyones doing good.

My case as follows..I met someone online almost 3 years ago, we became good friends and a connection from the get go (she was actually 14 I was 18) we talked online for around a year and became close, also with her mother and other family members. I visited for the first time in 2007 for 3 months in which I had the time of my life and found a wonderful family that I fit into with, me and her became much closer. I returned back to england are my 90 days were up and contiued going through life in general, not being the same not being around the family and her, I visited again recently this year for a month in which i asked her to marry me...

Now heres a few issues im curious about.

she is currently 16 and im turning 21 (where does this leave us in terms of visa filing) her parents fully support it and are willing to do what they need to help.

She is actually currently pregnant (due to have an induced birth or c-section due to complications next week) very worried! (the "father" if you want to call him that is currently in jail due to statory rape (being 25) wants nothing to do with the child.

She is from wisconsin (legal age to marry is 16 with parents consent)

we are both sure about this, and everyone that knows us knows its genuine)

Basically im curious on anyones thoughts if the following outlined may cause any issues etc?

thanks.
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Old Jul 13th 2008, 4:58 pm
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Default Re: Advise needed

Originally Posted by Tommylee
Basically im curious on anyones thoughts if the following outlined may cause any issues etc?

thanks.
None that I can see, at least according to immigration. As long as you are both free to marry and of legal age to marry, and her parents support it, sounds like it should work out. The folks will probably need to be joint sponsors for your affidavit of support, but sounds like they are willing to participate. She will probably be 17 by the time you immigrate, anyway.

Rene
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Old Jul 13th 2008, 5:07 pm
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Default Re: Advise needed

Originally Posted by Noorah101
None that I can see, at least according to immigration. As long as you are both free to marry and of legal age to marry, and her parents support it, sounds like it should work out. The folks will probably need to be joint sponsors for your affidavit of support, but sounds like they are willing to participate. She will probably be 17 by the time you immigrate, anyway.

Rene
Thanks, what I thought myself...but after speaking to an immigration attorney they seemed to think it wasnt the best route and that i should travel over on a student visa (which id love to do..just dont have that kinda money laying around)

I'd rather go this route and just go with the flow, being seperated for a year was hard enough but im sure it's all for the best...

If anyone has anything they'd like to add please do.
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Old Jul 13th 2008, 5:09 pm
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Default Re: Advise needed

Originally Posted by Tommylee
..but after speaking to an immigration attorney they seemed to think it wasnt the best route
Did they say why? Was it because of her age?

I'd rather go this route and just go with the flow, being seperated for a year was hard enough but im sure it's all for the best...
Just so you know, you'll be separated for about another year while your visa is being processed.

Which visa will you be going for? The K-1 fiance route, since you're not married yet?

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Old Jul 13th 2008, 5:12 pm
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Default Re: Advise needed

Originally Posted by Noorah101
Did they say why? Was it because of her age?



Just so you know, you'll be separated for about another year while your visa is being processed.

Which visa will you be going for? The K-1 fiance route, since you're not married yet?

Rene
That she is having someone elses child, I beleive.

Hmmm seperation wont be fun, but i'll hopefully be visiting as often as possible. I will discuss this with her tho, she needs me there for her and her son more than anything.

It will most likely be the k1, yes.
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Old Jul 13th 2008, 5:24 pm
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Default Re: Advise needed

Originally Posted by Tommylee
That she is having someone elses child, I beleive.

Hmmm seperation wont be fun, but i'll hopefully be visiting as often as possible. I will discuss this with her tho, she needs me there for her and her son more than anything.

It will most likely be the k1, yes.
I see. Well, she never has to even tell immigration that she's pregnant now, and by the time you come over on the K-1, she will already have the child, so it won't become an issue until you go for your AOS interview, a long way from now. I wouldn't expect it to be an issue by that time.

Rene
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Old Jul 13th 2008, 5:25 pm
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Default Re: Advise needed

Originally Posted by Noorah101
Did they say why?
I think, the Immigration Attorney, may have been thinking with his heart rather than his head.

Tommy, I hate to be harsh . . . but do you really want to marry a 16 year old, pregnant girl (who slept with a 25 year while you were back in England)? Ouch, that sounds really awful (I am sure she is a nice girl) . . . but I am sure this is what the Immigration Attorney was thinking.

While legally, are IR-1 doesn't sound like it would a problem, emotionally it might be extremely trying.

I think I'd go on a Student Visa if I were you and see if she is really what you want. If its the accent that appeals, there will be plenty of nice, educated girls at Uni in Wisconsin.

Side note: check out US Gap programs --- there used to be some that allowed you to work for a bit in the US. This might a better temporary alternative than a Student Visa.
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Old Jul 13th 2008, 5:29 pm
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Default Re: Advise needed

Originally Posted by californian
ITommy, I hate to be harsh . . . but do you really want to marry a 16 year old, pregnant girl (who slept with a 25 year while you were back in England)? Ouch, that sounds really awful (I am sure she is a nice girl) . . . but I am sure this is what the Immigration Attorney was thinking.
It seems she was raped...not that she did it on purpose. According to the OP anyway.

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Old Jul 13th 2008, 5:36 pm
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Default Re: Advise needed

Originally Posted by Tommylee
First of greetings to all hope everyones doing good.

My case as follows..I met someone online almost 3 years ago, we became good friends and a connection from the get go (she was actually 14 I was 18) we talked online for around a year and became close, also with her mother and other family members. I visited for the first time in 2007 for 3 months in which I had the time of my life and found a wonderful family that I fit into with, me and her became much closer. I returned back to england are my 90 days were up and contiued going through life in general, not being the same not being around the family and her, I visited again recently this year for a month in which i asked her to marry me...

Now heres a few issues im curious about.

she is currently 16 and im turning 21 (where does this leave us in terms of visa filing) her parents fully support it and are willing to do what they need to help.

She is actually currently pregnant (due to have an induced birth or c-section due to complications next week) very worried! (the "father" if you want to call him that is currently in jail due to statory rape (being 25) wants nothing to do with the child.

She is from wisconsin (legal age to marry is 16 with parents consent)

we are both sure about this, and everyone that knows us knows its genuine)

Basically im curious on anyones thoughts if the following outlined may cause any issues etc?

thanks.
Hi:

She cannot do an I-864 affidavit of support until she turns 18. In my humble opinion, an I-864 is NOT required for an adjustment from a K-1. However, this is an issue of some dispute -- CIS and Department of State say it IS needed.

This would create some interesting legal issues.
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Old Jul 13th 2008, 5:37 pm
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Default Re: Advise needed

Originally Posted by Tommylee

(the "father" if you want to call him that is currently in jail due to statory rape (being 25) wants nothing to do with the child.
Originally Posted by Noorah101
It seems she was raped...not that she did it on purpose.
Statutory Rape charges can be applied to consensual sex (age difference and the age of the minor in general are taken into account). Wisconsin's statute may state one or the other.

In any case, her parents may have filed these charges when they found out the *father* was 9 years older than their daughter --- there is an argument that there is no way someone so young and/or so much younger could consensually agree.
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Old Jul 13th 2008, 5:39 pm
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Default Re: Advise needed

Originally Posted by californian
Statutory Rape charges can be applied to consensual sex (age difference and the age of the minor in general are taken into account). Wisconsin's statute may state one or the other.

In any case, her parents may have filed these charges when they found out the *father* was 9 years older than their daughter --- there is an argument that there is no way someone so young and/or so much younger could consensually agree.
And in what way is the OP *not* in exactly the same boat?

Tommylee, are you prepared to go to jail for this girl?


When I was 16, adults around me would often say to each other '16 will getcha 20'. I think now I now what they meant.
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Old Jul 13th 2008, 5:40 pm
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Default Re: Advise needed

Originally Posted by Folinskyinla
Hi:

She cannot do an I-864 affidavit of support until she turns 18. In my humble opinion, an I-864 is NOT required for an adjustment from a K-1. However, this is an issue of some dispute -- CIS and Department of State say it IS needed.

This would create some interesting legal issues.
If the IVU knew that CIS were going to require an I-864, would they still let our OP in on a K-1? Inevitably, he would not be able to adjust status, correct? (Unless of course the OP's fiance/wife turned 18 before the OP attempted to adjust status)
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Old Jul 13th 2008, 5:41 pm
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Default Re: Advise needed

Originally Posted by californian
I think, the Immigration Attorney, may have been thinking with his heart rather than his head.

Tommy, I hate to be harsh . . . but do you really want to marry a 16 year old, pregnant girl (who slept with a 25 year while you were back in England)? Ouch, that sounds really awful (I am sure she is a nice girl) . . . but I am sure this is what the Immigration Attorney was thinking.

While legally, are IR-1 doesn't sound like it would a problem, emotionally it might be extremely trying.

I think I'd go on a Student Visa if I were you and see if she is really what you want. If its the accent that appeals, there will be plenty of nice, educated girls at Uni in Wisconsin.

Side note: check out US Gap programs --- there used to be some that allowed you to work for a bit in the US. This might a better temporary alternative than a Student Visa.
californian we were not neceserily "together" when that happened, and was "sexual assault" that was filed against him.

Age really doesnt come too much into it, she is wiser than most at 16, but age has nothing to do with feelings or love for another. When your at the point of being willing to do anything for someone, i'm pretty sure of knowing it's what I want, and also her being willing to do the same.

I asked her to marry me on my latest visit there.

I'm just out here looking for the best options, perhaps you can give me more information on gap programs, not heard of anything that would be suitable?
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Old Jul 13th 2008, 5:43 pm
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Default Re: Advise needed

Originally Posted by meauxna
And in what way is the OP *not* in exactly the same boat?

Tommylee, are you prepared to go to jail for this girl?


When I was 16, adults around me would often say to each other '16 will getcha 20'. I think now I now what they meant.

The OP has stated that in Wisconsin 16 is the legal age to marry. Surely then a 16 year old can consent to sex in Wisconsin?

I assume that OP's GF must have been 15 when the charges were brought against the 25 yr old.
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Old Jul 13th 2008, 5:44 pm
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Default Re: Advise needed

Originally Posted by Folinskyinla
Hi:

She cannot do an I-864 affidavit of support until she turns 18. In my humble opinion, an I-864 is NOT required for an adjustment from a K-1. However, this is an issue of some dispute -- CIS and Department of State say it IS needed.

This would create some interesting legal issues.
If she cannot do the affidavit of support, then surely her parents being the sole sponsors can do this on her behalf without her needing to do that?




Originally Posted by californian
The OP has stated that in Wisconsin 16 is the legal age to marry. Surely then a 16 year old can consent to sex in Wisconsin?

I assume that OP's GF must have been 15 when the charges were brought against the 25 yr old.
That is correct.

Last edited by Tommylee; Jul 13th 2008 at 5:49 pm.
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