Advise needed

Old Jul 15th 2008, 1:40 am
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Default Re: Advise needed

Did anyone manage to read the whole way through this thread without hearing banjos??

Sorry.... I'll get me coat.
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Old Jul 15th 2008, 8:39 am
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Default Re: Advise needed

Ok after speaking to my gf this seems to be the case.

mothers boyfriend does not claim tax on the two girls..as far as im aware only one person can.

As to the household, it is actually TWO seperate apartments. One ontop of the other, but they are seperate (mother and girls living upstairs).

This means he should only have to claim on the two girls and me..correct?

Also as for filing, i'm under the impression you have 6 months before you actually have to travel on the k1 visa, so in effect we should be fine for filing now and we would still have 3 months in which to get married, which could tie in with her turning 18 anyway.

Either way there is no specific requirements for filing for the k1 other than the legal age to marry. So everything seems perfectly legit to me to go ahead with this.

Last edited by Tommylee; Jul 15th 2008 at 10:29 am.
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Old Jul 15th 2008, 2:11 pm
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Default Re: Advise needed

Originally Posted by Tommylee
Ok after speaking to my gf this seems to be the case.

mothers boyfriend does not claim tax on the two girls..as far as im aware only one person can.

As to the household, it is actually TWO seperate apartments. One ontop of the other, but they are seperate (mother and girls living upstairs).

This means he should only have to claim on the two girls and me..correct?

Also as for filing, i'm under the impression you have 6 months before you actually have to travel on the k1 visa, so in effect we should be fine for filing now and we would still have 3 months in which to get married, which could tie in with her turning 18 anyway.

Either way there is no specific requirements for filing for the k1 other than the legal age to marry. So everything seems perfectly legit to me to go ahead with this.
Sounds ok on the face of it, yes.

But, that assumes they actually grant you the visa - they have to believe it's a genuine relationship, and it is somewhat up to their discretion.

16-year-old pregnant with another man's child - you that much older - it would not be impossible that they would decide this was a proposed marriage for immigration benefit.

My husband and I have quite an age difference (although we're much older) and it was considered a potential problem all the way through the process (K-1 AOS and removal of conditions).

So I can see why an attorney didn't think this was the best route for you. Now, perhaps it will work, and I suppose if you have no other way, you can try it. But I would not presume that it will succeed.
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Old Jul 15th 2008, 2:32 pm
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Default Re: Advise needed

Originally Posted by Tracym
Sounds ok on the face of it, yes.

But, that assumes they actually grant you the visa - they have to believe it's a genuine relationship, and it is somewhat up to their discretion.

16-year-old pregnant with another man's child - you that much older - it would not be impossible that they would decide this was a proposed marriage for immigration benefit.

My husband and I have quite an age difference (although we're much older) and it was considered a potential problem all the way through the process (K-1 AOS and removal of conditions).

So I can see why an attorney didn't think this was the best route for you. Now, perhaps it will work, and I suppose if you have no other way, you can try it. But I would not presume that it will succeed.
We will represent our proof of relationship just as normal, age is just a number remember? There's plenty of women out there with other mens children and getting married as well on this im sure.

It's obviously not the best route for many, but you will do what you have to do...everyones case against it seems to be the "age" (forget the coming child here, do they even take it into consideration?)

After speaking to someone else today, there was another case where the USC was 16 and the petition was approved.
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Old Jul 15th 2008, 2:58 pm
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Default Re: Advise needed

Originally Posted by Tommylee
(forget the coming child here, do they even take it into consideration?)
USCIS will not take that into consideration to grant you a positive result, no. I mean, they will not sympathize with you, the mother, or the child.

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Old Jul 15th 2008, 3:06 pm
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Originally Posted by Noorah101
USCIS will not take that into consideration to grant you a positive result, no. I mean, they will not sympathize with you, the mother, or the child.

Rene

I was more implying that would it be against our relationship, not in relevance to them giving sympathy regarding the child needs a "father".
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Old Jul 15th 2008, 3:08 pm
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Originally Posted by Tommylee
After speaking to someone else today, there was another case where the USC was 16 and the petition was approved.
This info is too general. Was the petition in question an I-129f?? How (if at all) was the requirement for the I-864 fulfilled? Keep in mind, even if the I-129f petition is approved here in the US, the London Consular Officer can still deny you a K1 visa, if they feel that it is a marriage-for-green card.

I think (because none of us can really 100% know) her relative youth will be a factor throughout the whole immigration process. You both are going to be less likely to raise any flags if you wait until she's closer to 18, and would be even better if you waited until she actually turns 18.

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Old Jul 15th 2008, 3:12 pm
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Default Re: Advise needed

Originally Posted by Tommylee
I was more implying that would it be against our relationship, not in relevance to them giving sympathy regarding the child needs a "father".
I see. There's really no way of knowing for sure, but my personal opinion is that your relationship will be scrutinized more carefully than other marriages where the age is 18+. But, as you said, you have plenty of proof of valid relationship, so all you can do is just go for it and see how it turns out.

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Old Jul 16th 2008, 3:33 am
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Default Re: Advise needed

Originally Posted by Tommylee
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.
I know of an I-130 case where the USC was 16. They used an attorney and I think the parents were co-sponsors. She went to his country and married him and then came back and filed the I-130. Good luck to you both.

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Old Jul 16th 2008, 11:48 am
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Originally Posted by USA & Pakistan
I know of an I-130 case where the USC was 16. They used an attorney and I think the parents were co-sponsors. She went to his country and married him and then came back and filed the I-130. Good luck to you both.

Marnee
Do you know how they handled the fact that the 16-year-old could not legally sign the I-864?
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Old Jul 18th 2008, 7:08 am
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Originally Posted by Tracym
Do you know how they handled the fact that the 16-year-old could not legally sign the I-864?
I just know that there were other sponsors or co-sponsors... somehow they pulled it off because the husband came to the U.S. with a GC and the wife was still under 18.

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Old Jul 18th 2008, 12:23 pm
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Originally Posted by USA & Pakistan
I just know that there were other sponsors or co-sponsors... somehow they pulled it off because the husband came to the U.S. with a GC and the wife was still under 18.

Marnee
I wonder if she just signed the I-864, and someone wasn't paying attention.

Interesting.
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Old Jul 18th 2008, 2:07 pm
  #103  
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Originally Posted by USA & Pakistan
I just know that there were other sponsors or co-sponsors... somehow they pulled it off because the husband came to the U.S. with a GC and the wife was still under 18.

Marnee
Is this a recent case or something prior 9/11? If you had any contact info for the couple and could personal message it to me id really appreciate it...

Iv'e Contacted several attorneys so far and have said to me straight out you HAVE to be 18..to get married and file..most were pretty rude about it also

I just want someone who can look at our case and give us some help...i dont fancy going on a student visa as dont have that kinda money, but can continue working and getting finances together before i move there...even self sponsor myself if needed?

On a positive note my gf's baby was delivered a day after my birthday, both are doing well, sweet lil chap

p.s she really needs a smoke.

Last edited by Tommylee; Jul 18th 2008 at 2:16 pm.
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Old Jul 18th 2008, 6:25 pm
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Originally Posted by Tommylee
Is this a recent case or something prior 9/11? If you had any contact info for the couple and could personal message it to me id really appreciate it...

Iv'e Contacted several attorneys so far and have said to me straight out you HAVE to be 18..to get married and file..most were pretty rude about it also

I just want someone who can look at our case and give us some help...i dont fancy going on a student visa as dont have that kinda money, but can continue working and getting finances together before i move there...even self sponsor myself if needed?

On a positive note my gf's baby was delivered a day after my birthday, both are doing well, sweet lil chap

p.s she really needs a smoke.
You can potentially self-sponsor for a K-1 (but you'd need $50,000 or so at a guess).
You cannot self-sponsor for the AOS, the spouse must always sponsor.

That will not get around the problem I'm afraid.
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Old Jul 18th 2008, 10:36 pm
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Originally Posted by Tommylee
Is this a recent case or something prior 9/11? If you had any contact info for the couple and could personal message it to me id really appreciate it...
This was recent - a year or two ago. The guy is a friend of my husband, and I also questioned her age and signing the I-864, which is why I remember the situation. Maybe nobody noticed her age... i don't know. I'll try to get some more information for you.

Marnee
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