JamesWithers

Hey everyone,

This is a really urgent question, so sorry if I've posted this in the wrong place. My brother is a 20 year old British citizen and is engaged to a 17 year old US citizen who lives in Ohio. They have been engaged for months and have previously had their I-129F petition accepted. He has just returned from his 90 days with her, and they are engaged to marry in November 2014.

He is currently unemployed because of his 3 month visit but he will be employed by Friday, so he hasn't yet filed his DS160 form because he is unsure about whether to state his unemployment or state that he has pending employment.

He is freaking out because he was told today that in his interview with the London Embassy, he will need an affidavit of support. His fiance obviously isn't 18, so as far as he knows he can't get the fiance visa because she can't file an affidavit for him. She is pregnant with his child, although she became pregnant months after their engagement. He has a job waiting for him as soon as he is able to work in the US, too.

I'd just really appreciate it if anyone has any knowledge on this issue. Will he really need an affidavit of support, and/or could he get this despite the fact that his fiance (US citizen) is under 18? His I-129F form was accepted, and processed through three separate US offices apparently, with the clear knowledge that the US citizen was under 18.

Thanks a lot to anyone that can help

JamesWithers

Just to clarify, my brother is back in the UK, their wedding is due to take place in Ohio and the baby is due in April. Her 18th birthday is around April I believe. They plan to reside in Ohio following the marriage. Everything seems fine, except for his affidavit of support, and that is only because she isn't 18 yet

BunnyGirl

Yes.

Anyone over the age of 18 who is either a USC or a LPR can sponsor him. Could her parents do this for him?

BunnyGirl

Sorry, just to add, US immigration don't care about his employment status. He should just answer all questions honestly as at the time he completes the form. He won't be asked about his job at the interview anyway.

JamesWithers

Thank you for the reply. From the website it seems like she has to support him specifically. Her parents can and would do it if they are allowed. So to clarify, his affidavit doesn't have to specifically come from his fiance, but can come from her parents instead?

BunnyGirl

Yes, absolutely, as long as they can meet the income or asset threshold for their family size (plus your brother). Look up the I864p guidelines, you'll need the 125% column for the household size.

JamesWithers

You've just brought a smile to his face. He'll be sending off his DS160 tomorrow and arranging for her parents to complete the affidavit on his fiancé's behalf.

Thank you so much for your help!

BunnyGirl

No probs. Remember to look at the kind of evidence required for the I134, letters from an employer seem to be preferred by London.

civilservant

Can someone under the age of 18 even sponsor someone for a visa? I genuinely thought it had to be 18 or even 21.

BunnyGirl

They can petition under the age of 18 if the marriage will be legal in the state they marry in, but you have to be over 18 to financially sponsor.

ETA - that's a good point. His then wife won't be 18 when he comes to adjust status which is going to be interesting...

civilservant

You learn something new everyday - I'm so glad we got married and then did the CR1, more time apart, but alot less complicated

BunnyGirl

Yep, I'm not exactly looking forward to AOS but at least we'll be on the same continent... Always a good thing

ian-mstm

After they are married, yes... but not prior to the wedding. Not in order for him to get a K-1 visa. Anyone can be his sponsor for the visa.

Ian

Noorah101

I do see a couple of potential issues, though. First if all, no guarantee he will have his visa by Nov, so he needs to be flexible on the marriage date.

Secondly, even though a parent can do an I-134 for him now, his wife will need to submit an I-864 when it comes time to do AOS in the USA. Even if a joint sponsor is used, the I-864 can only be signed by someone 18 and over. So if his fiancee is not going to be 18 until April 2015, he won't be able to file AOS until then.

He could come to the USA on the K-1 visa and get married, but he won't be allowed to work until he gets his EAD in hand. ..60 to 90 days after filling AOS (so around summer 2015).

Rene

ian-mstm

If she is under 18 when it comes time for him to adjust status, his (then) wife won't be able to sign an I-864... except that she must sign an I-864. That will, indeed, be very interesting.

That said, there's no requirement that he file to adjust status immediately following the marriage - so he could simply delay filing the AOS paperwork until she turns 18. The downside, though, is that he won't be able to work until a few months after he files the AOS paperwork... whether he has a job waiting for him or not.

Sorry, but this simply isn't a good plan. They should not marry until she's within a month or two of turning 18. That's the only way this is going to work out well.

Oh well... their bed, they can lie in it.

Ian