Tracym

[QUOTE=Tommylee;6567203] Good research

Yes that apparently would work, but I suspect it is a bit of a commotion. If it's available in Wiscon. Also, I think the minor has to prove there is a good reason.

I would really suggest that you two consult another immigration attorney, perhaps one here in the US (much cheaper) and see what your best options are.

I realise 16-year-olds are pretty much considered adults in the UK. In the US, they are certainly not, and are generally pretty immature. I am not making any comment about your girlfriend, just wanting you to realise that people (perhaps in including attorneys) might be fairly skeptica that this is a good idea.

Tommylee

[QUOTE=Tracym;6567213] True, we will contact an attorney in the U.S and see what they have to say, but everyone so far has been helpful and good to see people willing to help others out when they need it.

Were not too bothered about the long journey, the being seperated when she needs me most is the dis-heartning part of it all.

but as californian said we may just wait until shes 17 before filing (i will visit her on the wvp in the mean time)

Ray

[QUOTE=Tommylee;6567227] What should concern you is if you have been having sex with her
on your visits ...one word in the wrong place ..you could be in jail as well ..

Tracym

[QUOTE=Ray;6567361] One word would not do it - it would have to be proven.

As she's already pg, he certainly didn't do it.

Ray

[QUOTE=Tracym;6567411] A parent as a witness ..yere right ..

Tommylee

[QUOTE=Ray;6567428] Stayed in seperate rooms upon visits. I doubt if given the question "Did you have sex" upon my answer would be "No" that they are going to somehow "prove" what isnt applicable. I guess they would need to do a lie detector test.

But i doubt anyone else has been in this situation processing a visa.

Ray

Sorry to say I just think your heading into a massive
quagmire of trouble ....

Tommylee

Not something im heading into straight off the bat no questions asked...ive been looking into our options for a while. If we process when she's 17 by the time it's all done and processed she would be 18 anyway, in which case surely they arent going to dig something up from years ago? do you not agree with that.

I really doubt the u.s government are out to get a british citizen with no criminal record who has always followed the rules.

I fell in love with someone who's not 18 yet..if thats a crime they can put me away.

Ray

Nope
But good luck to you and your future ...

Bluegrass Lass

Just wanted to mention a detail that hasn't been mentioned. If we assume that she can file an I-864 for you, OP (once she turns 18), I assume that she will still need to use her folks as co-sponsors. I assume that because I assume she will still be living at home because she most likely wouldn't have much of an income being a single mother. Your future wife would still need to fill out an I-864 no matter what as she is considered your primary sponsor.

OP, if her mom or dad is the co-sponsor, when they fill out the I-864, they need to ensure the income is enough for the current size of the household, plus the immigrant. So, for a household of 5, the sponsor needs to make $31,000/yr. I got 5 people by assuming: Mom, Dad, girlfriend, baby, immigrant (the OP). If your girlfriend has any other siblings living in the home, they will have to be added to the household size, and the income requirements will be more.

You may not be thinking that far down the line, but the I-864 is one of the hardest requirements to meet when it comes to visas. I wouldn't want you to be disappointed if you find out your potential co-sponsor doesn't meet the requirements.

Personally, to save yourselves time and effort, I'd wait several months into 2010 to start the K1 process. This gives you more time to think about it, and research the requirements, and it gives her more time to think about it, as well as adjust to being a new mother, and it allows you to possibly overcome the age requirement since she more than likely would turn 18 by the time you would need to worry about the I-864. This approach is much easier, less time consuming and less expensive, than trying to fight your way through a legal battle for her to emancipate herself from her folks, or fighting USCIS about the requirement for an I-864. Save yourselves some headaches. Immigration is hard enough without throwing other twists into it (which it sounds like you already have plenty of).

ian-mstm

Not only would he be out of status for a year (or more)... he can *not* work at all until he files for adjustment and receives an EAD. Further, he can't leave the US for any reason whatsoever or he'll find himself facing a 3- or 10-year ban from the US and, as we all know, having a USC wife won't make one whit of difference.

Ian

californian

This and the I-864 have been discussed. If the OP waits to file his I-129 until his GF turns 17 and enters 9 months later he would then have 90 days to marry her and could subsequently file the I-864, as OP's GF would then be 18.

Re. the SR, I doubt USCIS won't concern themselves with it --- it would be the Police that would be knocking on your door but I highly doubt if that if the parent's are willing to file an I-864 for you that they would be the ones who slipped this information to the Police.

Tommylee

That is hopefully our plan but obviously some legal advise for us wont go a miss and is needed.

The SR is really a whole differnt subject, but doesnt make sense when you think about the fact that marriage is perfectly legal at 16 and then age of consent laws dont even come into it once married...

but those getting married at around that age would obviously of had a relationship leading up to that, would they then ask question's as to if they had sex because there getting married and then where is the proof?

Her parents fully trust me and have faith in our relationship otherwise they would not condone it or be willing to help, me and her mother are close as anything, that and with all her family.

Which have to ask another question...

her co-sponder will be her mother's bf (two of her sisters being from previous relationship) will they have to be added to the overall house hold income rules?

also can you have more than one co-sponsor?

Tracym

I would forget about the SR issue. It will only be an issue if you're sleeping with her before you are married, and piss off her parents. Once you're married, I am just about certain it does not apply.

They don't ask you if you've had sex when you get a marriage license.

As for how many dependants, this sounds a teensy complicated) - how many were on his tax return last year? How many people live with him now that he supports? Are any of these kids over 18 or 21? With some more details, I'm sure a better answer re. the househould size can be given.

I wonder if your g/f and her baby will actually be dependents. If she's not the child of this b/f, and she might get state benefits as a single mother... they might not be. I am not sure, we'll wait for some more comments.

californian

It doesn't make a whole lot of sense, that a girl (in Wisconsin) can legally consent to marriage but not to sex at 16. (As stated before, she can *consent* to sex if she is married.) Remember though, that as someone else pointed out, while in the UK 16-year olds are largely adults, that is not the case in the US. I for one definitely see a criminal offense in there somewhere if a 30 year old teacher were to start sleeping with his 16 student, for instance.

I highly doubt, anyone at USCIS will be asking questions . . . hmm . . . she's only 16 and they are engaged . . . so they must have slept together. There is no *real* proof and it is largely irrelevant to them. SR only becomes an issue when she or her parents report it.

Everyone under 18, who the step-father/mom's bf is supporting (who are counted as dependents on his tax returns) has to be included in the household size. It is interesting that he is not married to your GF's Mom . . . your GF, her baby and her Mom might not be part of his *household* with this in mind. I would carefully read through the Step-by-Step Instructions of the I-864 and if you can't make a determination call an Immigration Attorney (sounds like you'll need one anyway)!

You can have multiple co-sponsors.