Re: Advise needed
 

Why would that be your order of choice?

Many advantages to coming over as a PR.

Re: Advise needed
 

I agree with Marnee, my reason would be that it seems the number one priority is wanting to be together ASAP. The I-129F can be filed immediately, cutting out the time it will take to get together and get married and then file an I-130.

Rene

Re: Advise needed
 

Because he is in England and she is in Wisconsin and they have already met in person. Otherwise, either he has to get past security and come back to the U.S. or she has to go to England to get married. That sounds very expensive and will draw the process out longer.

Marnee

Re: Advise needed
 

I'd agree with those points, they are the advantages to the K-1.

Unless he was planning to visit anyway - he talks about self-sponsoring, perhaps paying for a trip over to get married wouldn't matter.

One of the big reasons I would consider the spousal visa - I just remember the various hassles (including not being able to get health insurance!) that can occur when one does not yet have permanent residency. K-1 is a sort of limbo status, and there are some disadvantages. And if AOS were to drag out for some reason, he could be caught in that status for quite a while.

Plus, it is more expensive (filing fees) to do the K-1 route I believe - as you have to pay USCIS for all three steps.

I'm not sure which is better in his case myself, there are various factors to consider imo.

Re: Advise needed
 

Everyone's situation will be different, but just thought I'd mention that I was able to add Sadegh to my health and dental insurance as soon as we were married. It didn't matter that he was not yet a PR. I was also able to add him to my car insurance (as a non-driver though, since he didn't drive yet). Also added him to my bank account and he opened his own account before we were even married, just after he arrived on his K-1.

The OP's mileage may vary.

I think the fees end up about the same. The Immigrant Visa has some hefty fees up front, while the Fiance Visa has the hefty fees at the end.

Rene

Re: Advise needed
 

Thanks everyone for the suggestions :) I still need to speak to my girlfriend about it all...unfortunately i wont be able to get time off work for a while (i recently got back on a visit) so maybe us getting married first off would create unecesery wait?

I also promised her when i returned i wouldnt leave again, and now i have a lil boy who i can call my own, it would make it even more difficult to leave.

I'd rather wait out the time on the k1 and then be with her permenantly, depending on what she also wants to do..

What are the differnce in times between k1's and the spousal visa's?

I also recon id have around 25-30k+ by time the k1 is processed?

Hopefully we'll be filing next month depending on the situations with attorneys, maybe ill get to see my lil boy in person before he turns one!!! I HOPE

Re: Advise needed
 

Hi:

The Immigration & Nationality Act [section 213A, if memory serves correct, I'm not looking it up just now -- the desk in my study at home needs a cleaning] says that, among other things: one, an I-130 petitioner MUST execute an I-864 and two, an I-864 affiant MUST be at least 18 years of age.

Period. The end. Nothing more to say. Now, if you were consulting with me and continued to insist that the above statement could not be correct and that there must be some "loophole" -- I would politely repeat it once ["I'm sorry, but that is what the statute says."] If you insisted, then I would begin to get rude.

Look -- on the immigration chat boards, there are often posts regarding "PC's" for "potential client." Attorneys tend to be VERY polite to PC's -- if nothing else, we'd like to be hired and paid a fee. You have already gotten good information -- YOU just don't like it.

Re: Advise needed
 

Interesting. So being emancipated under state law does not work then apparently. I wondered what federal law/uscis might have to say about it.

Re: Advise needed
 

They both take around 8 to 10 months to process.

If you have that in cash, it will probably be enough to self-sponsor for the K-1 visa. You will still have the I-864 issue to deal with once you are in the USA and applying for AOS.

Rene

Re: Advise needed
 

This obviously isnt 100% correct, with there already being someone else who has said someone under the age of 18 already was able to sign the forms, and being emanstipated was the reason for that, once emanticpated you are seen as a "legal" adult in the eyes of the law. I know what it says there is in writing but like everyone says, other factors have to be taken into consideration.

Requirement's to petition there is nothing to say you MUST be 18. One part comes first, the other after.

Edit:

About the previous person mentioned who successfuly was able to at 16, i also doubt she just slipped under the radar and they made a mistake about it.

Re: Advise needed
 

True, but what if she's not 18 by the time the second part (the I-864) is required, and what if it's determined that she MUST be 18 to sign it?

I don't doubt it at all. Things like that can slip through the cracks all the time. If the USCIS employee looked at the signed I-864 but did not go back to the other paperwork to see her birthdate, then obviously it slipped through.

Rene

Re: Advise needed
 

The person telling you she must be 18 is a highly experienced immigration attorney.

With all due respect to the person who knew a person who knew a person... I would be more concerned with what the attoney is saying.

I know you want to hear what you want to hear - but you will not enjoy it if you come over here on a K-1, get married, and then have AOS denied and are deported. I would take what Mr. F says very seriously if I were you.

Re: Advise needed
 

I cant answer for sure as no one here is really sure, maybe not even Mr.F...it's written that way because the I-864 is a legally binding contract in which minors are not able to sign, by either marriage (or in wisconsin - re: giving birth) you are seen as an adult and given those rights before 18..she can now do her own health insurance..makes sense to be able to sign a form.

With there petition there would of been a cover letter stating that she needs parental permission to marry, and you have to state that on the petition itself..not something that goes unnoticed? :confused:

Re: Advise needed
 

According to the instructions on the I-864 (my bold), from http://britishexpats.com/forum/showt...732post6591732

A sponsor completes and signs Form I-864. A sponsor is required to be at least 18 years old and domiciled in the United States, or its territories or possessions (see Step-by-step Instructions for more information on domicile). The petitioning sponsor must sign and complete Form I-864, even if a joint sponsor also submits an I-864 to meet the income requirement. The list below identifies who must become sponsors by completing and signing a Form I-864.

It says "at least 18 years old" - not "at least 18 years old OR emancipated by some other means..."

The USCIS employee who checked the I-864 for income accuracy might not be the same person who checked the I-130 petition for the birthdate.

In MY opinion, if an under-18-year-old signs the I-864, after they have read all the instructions, they are breaking the law, because they are signing that they have understood all the requirements of the I-864 and agree to them....yet they are under 18, where the instructions specifically say they must be at least 18. I personally would not do it.

Keep in mind that what makes sense to you, might not be the way USCIS sees things. However, if you go the K-1 route, you can time it right and you will be here by the time she's 18 and she can then sign the I-864 with no problem. I see a problem going the spouse visa route, because the I-864 would be required much sooner, before she is 18.

Rene

Re: Advise needed
 

The cover letter and petitions stating she needs parental permission to marry, and the I-864 form are two seperate issues.

Rene