Tommylee

Aye fair do's ...I read this also.

E. Sponsors Under the Age of 18

Four commenters objected to the requirement that the sponsor must be at least 18 years old. They noted that this requirement will mean that a citizen or resident alien spouse who does not meet the age requirement cannot file an affidavit of support on behalf of the spouse seeking to immigrate. Similarly, a parent who is under 18 years old could not do so for his or her alien children. Congress set the age limit in section 213A(f)(1)(B) of the Act. USCIS cannot change the age limit in the regulations unless Congress amends section 213A of the Act. If the sponsor or joint sponsor was not 18 when he or she signed a Form I864, the signature will have no legal effect under section 213A of the Act. Rather than requiring rejection of the Form I864, however, the final rule provides that, to cure the improper filing, the sponsor or joint sponsor must sign it again on or after his or her 18th birthday before there can be a decision on the intending immigrant's application for an immigrant visa or adjustment of status.

I take it there's a number to call USCIS directly? Then i can ask them myself and see what they say about it.

Noorah101

Well, that seems pretty clear to me anyway. If you're under 18, you can't sign it...or you can sign it but the immigrant won't get the visa or AOS until you are 18 and can legally sign it.

There is a USCIS 800 number, but manned by contract workers who dont' know much about general immigration, never mind something as detailed as this. The ONLY person who would know for sure, in my opinion, would be an experienced immigration attorney. We have one here, and he's given his input.

Rene

Tommylee

edit: People like to judge

thanks to everyone who's posted negative and positive.

I will check back to see if anyone has any futher advise etc, but otherwise will let this one die down.

I'll come back and tell you my success tbh, because i dont plan on giving in and saying "thats it".

meauxna

Isn't that a strange path to choose at this point in the conversation?
You're talking about being willing to be an illegal resident and forfeiting the ability to work legally for two years?

Tommylee

I never said im willing to be illegal or not work.

I just said i'll deal with that bridge when it comes to it...and it's not two years anyway.

meauxna

I'm sorry, but that's what I see as some of the obvious consequences of dealing with it 'whenever'.

Noorah101

As you said, you want to be able to stay here after your arrival. This means you'll be doing the K-1 fiance visa. You'll only be missing out on the next 8 to 10 months, since the K-1 visa takes that long to process. You said she's almost 17, right? So in 10 months or so, she'll be almost 18....you can enter on the K-1 while she's 17, get married while she's 17, and then a couple of months later when she's 18 you can file the AOS and she can sign the I-864. I don't really see why this is becoming a big issue. There's an obvious path to what you want to accomplish, and she'll be 18 at the time, too. Seems pretty clear to me, with no complications, either.

Best Wishes,
Rene

Noorah101

Maybe he meant he'll deal with the I-864 whenever he gets here on the K1 and files AOS, which should be close to her 18th birthday anyway. That would make sense to me.

Folinskyinla

Hi:

Damn it! You made me look it up. Look for yourself at section 213A(f)(1)(B) which includes in the definition of "sponsor" -- "...is at least 18 years of age."

I just gave you the literal language of the Immigration & Nationality Act with an amendment duly passed by Congress on September 30, 1996 and signed by President Clinton that very evening.

That said, and in accordance with my prior post -- I understand why the attorney's you called were "rude" to you.

Also, to add to my "rudeness" -- just because a government agency makes a mistake in the past, they are NOT obligated to repeat that mistake. However, to counter my "rudeness" on this, yours is common fallacy to think that if they did it before, they'll do it again.

To be "rude" again -- the other "someone else" or "my friend" is one of the banes of an immigration attorney's existence -- more often than not, when the case is looked at closely, there is some other detail that just so happens to be missing in the telling.

Folinskyinla

Hi:

Good. You searched and found an official statement from USCIS confirming what everyone has been telling you.

Out of curiosity, why do you want to call CIS about it?

Tommylee

Iv'e read it myself, and duly noted.

When I spoke of un-named attorney(s) i'm talking about a lacking in wanting to discuss, not explaining reasons or telling me such statement "213A(f)(1)(B)" Exsisted, that's all that perhaps would of been required. I know most are not under obligation, but this being my first experience seeking one out, it wasnt the most pleasent, I understand they have other things to deal with etc, but i was expecting abit more advise than a straight out "No sorry cant help you" and no other reason why.

Now you are obviously a respected and authority speaking figure on the subject around here, so i'm not ignoring what has been said and not accepting it, or thinking because it's happened once it'll happen again. Theres no reason to believe it went un-noticed, unless you've never heard of it being done before, but being an experienced immigration attorney then there should be something.

apologies if you were offended.

I'd like to hear it from the dogs mouth so to speak, it's not always easy accepting facts until you've exhausted all measures.

Perhaps the person who mentioned the couple who were successful could shed some light if there was anything else or something said to them?

Tracym

You're not in such bad shape - it just confirms that the K-1 is a better option than spousal visa. There were various trade-offs to both, but since one is not currently an option, that makes the decision easy I would think.

If you apply for the K-1, by the time you're over, she'd be close to 18.

Then there's 3 months to marry, and file for AOS.

So you either wait until she's 18 to file for AOS, or (if I read it right) you can file, but it won't be done until she's 18. Which it probably wouldn't anyway, just due to the time it would take.

So sounds to me like it's fine, as long as they will approve the K-1 for you.

Agree?

Tommylee

Agree'd.

One last thing to boot.

k1 is to be used within 5 months after issuing to enter the us?

fatbrit

Six!

Noorah101

The K-1 visa is valid for 6 months. It is to be used for a 1-time entry to the USA for the specific purpose of marrying the person who filed your I-129F, and you must marry within 90 days. It is not required to file AOS within those90 days, although the sooner the better.

Rene