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Old Jul 14th 2008, 3:32 am
  #76  
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Default Re: Advise needed

Ok lotta stuff to catch up on there...

Basically the original intention of posting was to get a clear idea on when would be appropriate or possible for filing for the k1 visa, other things are obviously going to play a part in the issue, but in the way things stand.

Mothers bf should be fine for support, as has been stated they are definitely dependant on my gf's mother (who does work - full time more or less) the bf has two children who are "dependant" on him and are included in the tax returns.

Altho yes the house is rented in his name it is part shared with the mother, so dont see how that would come into it.

Alas the other issue...is sketchy. But ive mentioned before we slept in seperate rooms on our visits and she is not pregnant with my child. That kind of case as said before would be bought up by her mother or herself to even be taken into effect. You do not see police arresting young people under 18 on the street or otherwise for having a relationship.

At the moment as it stands people seem to think this is MAJORLY out of reach. But the requirements will be met in the end.

Note: If needed we will wait until she turns 18 before doing anything.

Last edited by Tommylee; Jul 14th 2008 at 3:34 am.
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Old Jul 14th 2008, 3:47 am
  #77  
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Default Re: Advise needed

Originally Posted by Tommylee
You do not see police arresting young people under 18 on the street or otherwise for having a relationship.

Note: If needed we will wait until she turns 18 before doing anything.
Waiting until she's reached her majority could save you a few headaches, wrt immigration, and potentially the SR connotation. That's a smart thing to seriously consider.

You won't see young people under the age of 18 being arrested for having sex, as long as they are technically old enough to consent to sex. And even then, I think there is some option that parents (generally the girls' parents) can exercise that could land the guy in jail. If the guy (or girl) is over 18, it may not take her parents to complain. I think someone from the general public can complain, if they think that you are having a sexual relationship with someone that much younger than you.

I commend you for wanting to follow your heart, but I wonder if you are letting yourself in for a world of hurt. Getting married at such a young age (esp for her), without getting the time for each of you to 'grow up' a bit, and with the family complications, will not be easy on your relationship. I hope you are both mature enough to handle all of this. My folks had me (as an 'accident') when my mom was barely 16, my father was 18. They did the 'right thing' and got married, but the constant financial struggle, on top of the stress of having children so young in their relationship finally took a toll, and they divorced when I was 17. And this was without the additional complication of immigration and a sexual assault.

Every relationship is different and not all of them will fail, so I hope you do some serious thinking before jumping feet first into a new country, into a potentially difficult start in your marriage.
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Old Jul 14th 2008, 3:59 am
  #78  
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Default Re: Advise needed

What if i was to fly out there and we get married ..i return and we file for the spousal visa?
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Old Jul 14th 2008, 4:02 am
  #79  
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Default Re: Advise needed

The guidance on determining household size changed when the final regulations implementing I-864 were issued a year or two ago. Previously, under the interim regulations, any relative living under the same roof was to be counted. But that is changed in the final regulation.

Compare the current I-864 instructions with the prior instructions, if you can find an older version. And, the current instructions are much more comprehensive and informative than the old ones were.

Regards, JEff

Originally Posted by sunflwrgrl13
You could be right, but all the advice I've ever read on here about how to calculate household size has always been to include everyone who lives under the same roof, plus any dependent children who do not live with you. As Ian said, if grandma lives in the same house, even with her own income, you would include her on the AOS because she lives under the same roof.

To get clarification though, he defo needs to go to a consulation with an attorney.

By the way, Tommy, even if you have 2 co-sponsors (i.e. your wife, plus 2 more), each co-sponsor must qualify individually. So you cannot add up all their incomes to sponsor you. If each sponsor has a household of 3 (including you) then they must make enough for a household of 3 according to the guidelines.
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Old Jul 14th 2008, 4:04 am
  #80  
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Default Re: Advise needed

Originally Posted by Tommylee
What if i was to fly out there and we get married ..i return and we file for the spousal visa?
What about it? It has pretty much the same requirements as the K-1 visa, except that the I-864 will be required much sooner. At her current age, she still won't qualify to complete it.

Rene
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Old Jul 14th 2008, 4:06 am
  #81  
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Default Re: Advise needed

Originally Posted by Tommylee
What if i was to fly out there and we get married ..i return and we file for the spousal visa?
Your *wife* would need to submit the I-864, Affidavit of Support.

Mr. F already discussed the issues involved there. Because the I-864 is a contract, your minor wife wouldn't be able to sign it.

The Petitioner of an I-130, in this case your future wife, must file an I-864 for you, even though you would be using a joint sponsor.

[Mr. F, please correct me, if I incorrectly summarized your earlier posts]
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Old Jul 14th 2008, 4:12 am
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Default Re: Advise needed

Originally Posted by californian
Your *wife* would need to submit the I-864, Affidavit of Support.

Mr. F already discussed the issues involved there. Because the I-864 is a contract, your minor wife wouldn't be able to sign it.

The Petitioner of an I-130, in this case your future wife, must file an I-864 for you, even though you would be using a joint sponsor.

[Mr. F, please correct me, if I incorrectly summarized your earlier posts]
Makes sense to me.

Sorry to all if this is getting abit tedious just wish things were easier. but alas seems theres not much we can do...unless we can somehow get around it without hassle
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Old Jul 14th 2008, 4:14 am
  #83  
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Default Re: Advise needed

Originally Posted by Tommylee
Makes sense to me.

Sorry to all if this is getting abit tedious just wish things were easier. but alas seems theres not much we can do...unless we can somehow get around it without hassle
Maybe not immediately . . .

Did you rule out the possibility of going to Uni in Wisconsin? [you would need to prove you were planning to come back to the UK, as discussed]
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Old Jul 14th 2008, 4:21 am
  #84  
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Default Re: Advise needed

Originally Posted by Tommylee
Makes sense to me.

Sorry to all if this is getting abit tedious just wish things were easier. but alas seems theres not much we can do...unless we can somehow get around it without hassle
I think your wisest choice is to wait until she is 17, have her file an I-129F then towards your K-1 visa, enter the USA close to her 18th birthday, get married, and file your AOS after she turns 18.

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Old Jul 14th 2008, 4:22 am
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Default Re: Advise needed

Originally Posted by californian
Maybe not immediately . . .

Did you rule out the possibility of going to Uni in Wisconsin? [you would need to prove you were planning to come back to the UK, as discussed]
Not entirely..i have an lawyer contact me again on wednesday about it..seems a loan will be easy enough to get.

as for ties back home, theres not much other than living with my parents still and having family here.

that and 2 1/2 k fee for filing with the laywers
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Old Jul 14th 2008, 4:30 am
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Default Re: Advise needed

Originally Posted by Tommylee
that and 2 1/2 k fee for filing with the laywers
Ouch. I wouldn't go this part alone, even though F-1s are generally straight forward. Given your situation with the GF it might be best to let the experts prove your ties to the UK.

Being denied a visa can cause future heartache.
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Old Jul 14th 2008, 4:33 am
  #87  
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Default Re: Advise needed

Originally Posted by Noorah101
I think your wisest choice is to wait until she is 17, have her file an I-129F then towards your K-1 visa, enter the USA close to her 18th birthday, get married, and file your AOS after she turns 18.

Rene
Seems like THE most sensible and least hassle path to follow
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Old Jul 14th 2008, 4:45 am
  #88  
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Default Re: Advise needed

Originally Posted by Songbird
Seems like THE most sensible and least hassle path to follow
Should be...but i have a really big headache right now just thinking about it lol! I'm going to direct my g/f to this thread and see what she thinks of it all, shes wise and will make up her own opinion.

But everyones been very helpful and i appreciate that!
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Old Jul 14th 2008, 7:40 am
  #89  
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Default Re: Advise needed

Originally Posted by californian
I believe the OP stated that the father will most likely be paying child support (possibly will be forced to do so, as he doesn't want anything to do with the child). With this in mind, he will have rights (like those you discussed earlier about being able to keep his child w/in 100 miles), although he probably won't be too interested in them.

OP also discussed adopting the child when/if he becomes a citizen --- thereby the father, if agrees, would reliquish any rights he does have.
Originally Posted by Jenney & Mark
But if the OP's name ends up on the baby's birth certificate, though, then by default he's considered the baby's "father," right -- unless they also plan on having a DNA test done to confirm that he's NOT the father. And wouldn't that then complicate things further if he's listed on the birth certificate?

I'm no expert, but it seems like he's treading very close to quicksand, in my opinion.

~ Jenney
I have no idea whose name will be on the birth certificate - one wouldn't think the OPs at this point - as they are not married and he is not the father. The ex-bf? No clue. As for child support, that's hard to do from jail.

Seems a good one to run by a family attorney imo, far to complicated for my brain.
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Old Jul 14th 2008, 1:29 pm
  #90  
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Default Re: Advise needed

Originally Posted by Tracym
5 years at 16 and 21 is a heck of a lot different than 5 years at 35 and 40.
Then there was the 40 y/o guy who fell in love with a 10 y/o girl. Someone noted how wrong that was... so the guy reasoned it out. He said, "Right now I'm 4 times as old as she is. In 5 years, she'll be 15 and I'll be 45 and then I'll only be 3 times as old. In 15 more years, she'll be 30 and I'll be 60 and I'll only 2 times as old. Eventually... she'll catch up to me!"

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