Re: Advise needed
 

So is the father the guy that raped her and made her pregnant or is in jail for a different girl!! just curious.

If he is the father but it she was not the statutory rape victim, then I would be asking myself did she miss me as much as I her!!

Do you think she loves you because she wants too!!

I also do not want to sound nasty just would hate to see a decent young man with good intentions throw his life away.

Re: Advise needed
 

Sounds a bit nastier than Statutory Rape. Sorry to hear about it.

I suppose we feel, how we feel.

There are quite a few programs out there. Some are more restrictive than others. Try googling *Gap Year USA*, *Working Holiday USA*. I would imagine, given your age, you should qualify for most. You'll have to dig through them and see if any would suit you.

The work, in most programs, is a bit mundane and doesn't pay well (i.e. hotel staff) but it might be a better alternative then attempting a K-1 (with the potential issue discussed by our resident Immigration Attorney) or going on a student visa if you can't afford the tuition (FYI: you might be able to apply UK student loans to US study b/c I know it works the other way around --- another potential lead).

In the end, the F-1 and Gap Year Programs are alternatives (or least temporary alternatives) to the K-1 and you'll have to weigh the pros and cons of each.

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Are you going to put the baby into your name have you thought about that yet!

My ex hubby did that with his 1st marriage and it has caused legal implications for years since.

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This sounds promising somewhat.

No not yet, trying not to think that far ahead just yet!

So everyone here thinks it should be left until she's 18 and then we file for it?

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She is required by law to complete an I-864 on your behalf, if you immigrate through that relationship.

This is separate from the actual financial requirement.

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So i guess no case exsists to date of someone marrying a U.S citizen under 18 and successfuly going through the visa process.

intresting.

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If you did the K-1 and adjusted status after she was 18 (which depending on her birthday, might work out) then you wouldn't have a problem.

When you apply for the K-1 you submit another type of affidavit, the I-134, which her parents could do for you. When you adjust status you would need to include an I-864, which your Fiance would need to be involved in (thus she would need to be 18 at the time).

Re: Advise needed
 

she turns 17 beginning of next year.

Is there any time limit after being in the u.s and married that the I-864 needs to be filed?

Also someone mentioned i could be facing statuory rape? dont see how when there is no proof or something similar, and especially when our intent is marriage.

Re: Advise needed
 

When you enter on the K-1, the only requirement is that you must marry within 90 days. There is no requirement that you have to apply for AOS right away (of which the I-864 is part)...BUT...until you do file AOS, you are out of status here, even though you are married to a USC. The longer you wait to file AOS, you more you put your own status in the USA at risk, as you have no legal right to remain here until you file to adjust your status to permanent resident.

Also keep in mind that an F-1 student visa is a non-immigrant visa. You must prove that you have NO immigrant intent. Having a pregnant USC girlfriend does not help you in that regard. You must show ties to your home country, and prove that you intend to return there when your studies are finished.

Rene

Re: Advise needed
 

will Jerry Springer sign the Affivadit of Support......... because this is an episode if I ever saw one.

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I've just looked it up --- apparently the age of consent in Wisconsin in 18 (even though you can consent to marriage at 16). You would not be in violation of any law if you two were married. However, if you engage in intercourse before she turns 18, you could face 9 months in jail (although this is a misdemeanor).

Normally, SR charges are brought by the minor's parents --- in that sense you're probably clear but it is food for thought.

Re: Advise needed
 

[quote=Tommylee;6566968]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?
quote]

First of all, Mr. F says that in his opinion there should be no I-864 for adjustment from K-1. Which he is, I'm am sure, technically correction. However, USCIS is currently requiring one, without a lot of lawyers and commotion, you will in practically need one I believe.

That said, what Mr. F is presenting as the interesting legal issue is imo:

- The spouse MUST be the sponsor for the I-864; someone else can IN ADDITION be a co-sponsor
- The I-864 is a legal contract
- Minors (persons under 18) cannot sign a legal contract

I would suspect there is somehow a solution, but you would need an attorney. Things might just drag out until she is 18.

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I don't have the law, but I would really suspect that would not apply to a married couple.

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As our OP stated, his GF turns 17 in the beginning of next year. If they filed for the K-1 then, there is a good chance he wouldn't need/want to adjust status until after her 18th bday.

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[QUOTE=Tracym;6567181]This seems to be the case, but i also have read up on Emancipation. If she did this then it seems it would get around that?

Emancipation in the United States

Emancipation is not available in every state in the United States. Where it is available, emancipation is a legal process by which minors can attain legal adulthood before reaching the age at which they would normally be considered adults (this is called the “age of majority”). The rights granted to legally emancipated minors might include the ability to sign legally binding contracts, own property, and keep one’s own earnings. However, each state has different laws governing emancipation and some states simply have no law or legal process concerning emancipation. In states where minors wishing to become legally emancipated will have to break new legal ground.

This page is designed to give minors information on the laws and available legal processes regulating emancipation in their state. The information is based on available state legal statutes and in some cases also includes information obtained from various legal aid organizations in that state. Some states have different legal terms for emancipation and can also differ in their definition of the rights granted to an emancipated minor.