Help understanding I-129F

[Montana + Joseph 0]

Here's our story. 5 & a half years ago, I met the love of my life online. He currently lives in England & I live in Wisconsin.

We spent 2 weeks in 2007 touring England, Ireland, Norway & France. He recently stayed at my place for 3 weeks and the day he had to leave was the saddest day in my life.

Ideally, we would like to be together in the US by late May/early June 2010 & be married in mid-August.

The thing we're having trouble understanding is how old the petitioner has to be before filing the petition. Some places say 18. Others say 21.

I will not be 18 until February 2010. Can we send the petition now without it being denied once processed? The legal age to get married in Wisconsin is 16 with parental consent, so if we attach the notarized document (or copies of) is there still a chance of it being denied solely on my age?

I have tried calling & spoke to two different representatives. The first said that there is no age requirement when filing the I-129F petition. The second rep said that I must be 18 before I can file. I can't seem to find a direct answer from the USCIS anywhere online.

If it is denied, do we have to send another $455 to the USCIS? Can we resend the petition once I'm 18 if it is denied? Do they void the first check if the first petition is denied?

[PanamaJack 1]

My belief is 18 to file as the petitioner. As you stated yourself you need parental consent to marry in your state at the age of 16.

Did you already send it In and this is why you are concerned with having to pay another $455.00 ?

Edited August 26, 2009 by PanamaJack

[canadian_wife 1,808]

If your petition is denied, you can refile and start from the beginning, including paying another $455

Good luck.

[huntherx17 0]

wow, you were 11 when you met the love of your life?

[Gary and Alla 3,694]

Here's our story. 5 & a half years ago, I met the love of my life online. He currently lives in England & I live in Wisconsin.

We spent 2 weeks in 2007 touring England, Ireland, Norway & France. He recently stayed at my place for 3 weeks and the day he had to leave was the saddest day in my life.

Ideally, we would like to be together in the US by late May/early June 2010 & be married in mid-August.

The thing we're having trouble understanding is how old the petitioner has to be before filing the petition. Some places say 18. Others say 21.

I will not be 18 until February 2010. Can we send the petition now without it being denied once processed? The legal age to get married in Wisconsin is 16 with parental consent, so if we attach the notarized document (or copies of) is there still a chance of it being denied solely on my age?

I have tried calling & spoke to two different representatives. The first said that there is no age requirement when filing the I-129F petition. The second rep said that I must be 18 before I can file. I can't seem to find a direct answer from the USCIS anywhere online.

If it is denied, do we have to send another $455 to the USCIS? Can we resend the petition once I'm 18 if it is denied? Do they void the first check if the first petition is denied?

Any person which states ANY age is wrong. There is NO "age" restriction and you can read the instructions 6 ways from Sunday and never find one because it isn't there.

You MUST be "free to marry" in the jurisdiction in which you intend to marry BEFORE you file the petition. In most cases, that is 18 years old. Some states allow earlier marriage with parent's permission. Our state, Vermont, allows marriage at age 16 with parent's permission. If your state allows this you could file tomorrow if you include permission statements from your parents and a copy of the state's marriage requirement statutes.

[Gary and Alla 3,694]

Here's our story. 5 & a half years ago, I met the love of my life online. He currently lives in England & I live in Wisconsin.

We spent 2 weeks in 2007 touring England, Ireland, Norway & France. He recently stayed at my place for 3 weeks and the day he had to leave was the saddest day in my life.

Ideally, we would like to be together in the US by late May/early June 2010 & be married in mid-August.

The thing we're having trouble understanding is how old the petitioner has to be before filing the petition. Some places say 18. Others say 21.

I will not be 18 until February 2010. Can we send the petition now without it being denied once processed? The legal age to get married in Wisconsin is 16 with parental consent, so if we attach the notarized document (or copies of) is there still a chance of it being denied solely on my age?

I have tried calling & spoke to two different representatives. The first said that there is no age requirement when filing the I-129F petition. The second rep said that I must be 18 before I can file. I can't seem to find a direct answer from the USCIS anywhere online.

If it is denied, do we have to send another $455 to the USCIS? Can we resend the petition once I'm 18 if it is denied? Do they void the first check if the first petition is denied?

Sorry...to answer your last questions...

1. There is no reason to deny if you document you are free to marry. The USCIS does not judge such things. You qualify or you don't. Just document very thoroughly that your permission meets the state requirements for such. Also your fiance will need to be free to marry in Wisconsin. If he is over age 18, no problem.

2. If denied, YES you will have to re-file and send another $455

3. Yes, you can re-send when 18, and pay another $455

4. Checks are deposited ASAP, never voided

[Mike B. 231]

Here's our story. 5 & a half years ago, I met the love of my life online. He currently lives in England & I live in Wisconsin.

We spent 2 weeks in 2007 touring England, Ireland, Norway & France. He recently stayed at my place for 3 weeks and the day he had to leave was the saddest day in my life.

Ideally, we would like to be together in the US by late May/early June 2010 & be married in mid-August.

The thing we're having trouble understanding is how old the petitioner has to be before filing the petition. Some places say 18. Others say 21.

I will not be 18 until February 2010. Can we send the petition now without it being denied once processed? The legal age to get married in Wisconsin is 16 with parental consent, so if we attach the notarized document (or copies of) is there still a chance of it being denied solely on my age?

I have tried calling & spoke to two different representatives. The first said that there is no age requirement when filing the I-129F petition. The second rep said that I must be 18 before I can file. I can't seem to find a direct answer from the USCIS anywhere online.

If it is denied, do we have to send another $455 to the USCIS? Can we resend the petition once I'm 18 if it is denied? Do they void the first check if the first petition is denied?

Any person which states ANY age is wrong. There is NO "age" restriction and you can read the instructions 6 ways from Sunday and never find one because it isn't there.

You MUST be "free to marry" in the jurisdiction in which you intend to marry BEFORE you file the petition. In most cases, that is 18 years old. Some states allow earlier marriage with parent's permission. Our state, Vermont, allows marriage at age 16 with parent's permission. If your state allows this you could file tomorrow if you include permission statements from your parents and a copy of the state's marriage requirement statutes.

Are you absolutely sure about this? Most governments have some sort of minimal age for signing legal documents. Contracts entered into by four year olds, for example, are generally not valid.

[Montana + Joseph 0]

wow, you were 11 when you met the love of your life?

All I'm asking is for some help from other people who are going through the same thing we are & might have a better understanding than we do at this point. I didn't sign up to be judged or criticized because of my age.

[amykathleen2005 441]

You are aware you will need to fill out the Affidavit of Support and will need to be able to support the two of you 125% above the line of poverty or obtain a co-sponsor.

[Montana + Joseph 0]

You are aware you will need to fill out the Affidavit of Support and will need to be able to support the two of you 125% above the line of poverty or obtain a co-sponsor.

We have no problem getting co-sponsors. What exactly is 125% above the poverty line? & do we have to send the Affidavit of Support with the petition or does that come after? I appreciate everyone helping us get a better understanding.

[baron555 934]

Here's our story. 5 & a half years ago, I met the love of my life online. He currently lives in England & I live in Wisconsin.

We spent 2 weeks in 2007 touring England, Ireland, Norway & France. He recently stayed at my place for 3 weeks and the day he had to leave was the saddest day in my life.

Ideally, we would like to be together in the US by late May/early June 2010 & be married in mid-August.

The thing we're having trouble understanding is how old the petitioner has to be before filing the petition. Some places say 18. Others say 21.

I will not be 18 until February 2010. Can we send the petition now without it being denied once processed? The legal age to get married in Wisconsin is 16 with parental consent, so if we attach the notarized document (or copies of) is there still a chance of it being denied solely on my age?

I have tried calling & spoke to two different representatives. The first said that there is no age requirement when filing the I-129F petition. The second rep said that I must be 18 before I can file. I can't seem to find a direct answer from the USCIS anywhere online.

If it is denied, do we have to send another $455 to the USCIS? Can we resend the petition once I'm 18 if it is denied? Do they void the first check if the first petition is denied?

You both have to include a letter stating that you are able to marry and intend to marry. If, when you send in the petition, you are not able to marry (meaning legally of age in your state) then that is against the requirements and your petition will be denied. You need to wait until you are of legal age to marry in your state to mail in your petition. Then you wait the normal process and the beneficiary can come over. Sri, but regs are the regs. Take the time to build your relationship.

[Montana + Joseph 0]

Here's our story. 5 & a half years ago, I met the love of my life online. He currently lives in England & I live in Wisconsin.

We spent 2 weeks in 2007 touring England, Ireland, Norway & France. He recently stayed at my place for 3 weeks and the day he had to leave was the saddest day in my life.

Ideally, we would like to be together in the US by late May/early June 2010 & be married in mid-August.

The thing we're having trouble understanding is how old the petitioner has to be before filing the petition. Some places say 18. Others say 21.

I will not be 18 until February 2010. Can we send the petition now without it being denied once processed? The legal age to get married in Wisconsin is 16 with parental consent, so if we attach the notarized document (or copies of) is there still a chance of it being denied solely on my age?

I have tried calling & spoke to two different representatives. The first said that there is no age requirement when filing the I-129F petition. The second rep said that I must be 18 before I can file. I can't seem to find a direct answer from the USCIS anywhere online.

If it is denied, do we have to send another $455 to the USCIS? Can we resend the petition once I'm 18 if it is denied? Do they void the first check if the first petition is denied?

You both have to include a letter stating that you are able to marry and intend to marry. If, when you send in the petition, you are not able to marry (meaning legally of age in your state) then that is against the requirements and your petition will be denied. You need to wait until you are of legal age to marry in your state to mail in your petition. Then you wait the normal process and the beneficiary can come over. Sri, but regs are the regs. Take the time to build your relationship.

It is legal to get married in Wisconsin under the age of 18 with parental consent. If I send the parental consent (which I COULD easily get if needed) along with the petition, then it should be legal, shouldn't it?

& we have been building our relationship for nearly 6 years. We're ready for the next step. Please don't judge its strength on what little I've told you or how old I am. All I'm asking for is some answers from others who understand what we're going through.

[amykathleen2005 441]

Here's our story. 5 & a half years ago, I met the love of my life online. He currently lives in England & I live in Wisconsin.

We spent 2 weeks in 2007 touring England, Ireland, Norway & France. He recently stayed at my place for 3 weeks and the day he had to leave was the saddest day in my life.

Ideally, we would like to be together in the US by late May/early June 2010 & be married in mid-August.

The thing we're having trouble understanding is how old the petitioner has to be before filing the petition. Some places say 18. Others say 21.

I will not be 18 until February 2010. Can we send the petition now without it being denied once processed? The legal age to get married in Wisconsin is 16 with parental consent, so if we attach the notarized document (or copies of) is there still a chance of it being denied solely on my age?

I have tried calling & spoke to two different representatives. The first said that there is no age requirement when filing the I-129F petition. The second rep said that I must be 18 before I can file. I can't seem to find a direct answer from the USCIS anywhere online.

If it is denied, do we have to send another $455 to the USCIS? Can we resend the petition once I'm 18 if it is denied? Do they void the first check if the first petition is denied?

You both have to include a letter stating that you are able to marry and intend to marry. If, when you send in the petition, you are not able to marry (meaning legally of age in your state) then that is against the requirements and your petition will be denied. You need to wait until you are of legal age to marry in your state to mail in your petition. Then you wait the normal process and the beneficiary can come over. Sri, but regs are the regs. Take the time to build your relationship.

It is legal to get married in Wisconsin under the age of 18 with parental consent. If I send the parental consent (which I COULD easily get if needed) along with the petition, then it should be legal, shouldn't it?

& we have been building our relationship for nearly 6 years. We're ready for the next step. Please don't judge its strength on what little I've told you or how old I am. All I'm asking for is some answers from others who understand what we're going through.

I don't think that they were trying to tell you how to live your life. I think they were suggesting that if you do have to wait to be a legal age to marry in order to file the petition that you can use the time to continue to build your relationship. No harm in that. Everyone should continue to build their relationship. At least to me it did not seem like a judgmental comment.

PS Believe me, I am only a few years older than you and have found you will probably receive your share of judgmental comments from other people who will judge you before they even know you and may even say that he is just getting married to you for the green card. Now we know that is not true, but unfortunately people talk about things they know nothing of. Be happy for the people who are genuinely trying to help you, such as most of the people on these boards. Just my extra 2 p...

[Montana + Joseph 0]

I don't think that they were trying to tell you how to live your life. I think they were suggesting that if you do have to wait to be a legal age to marry in order to file the petition that you can use the time to continue to build your relationship. No harm in that. Everyone should continue to build their relationship. At least to me it did not seem like a judgmental comment.

PS Believe me, I am only a few years older than you and have found you will probably receive your share of judgmental comments from other people who will judge you before they even know you and may even say that he is just getting married to you for the green card. Now we know that is not true, but unfortunately people talk about things they know nothing of. Be happy for the people who are genuinely trying to help you, such as most of the people on these boards. Just my extra 2 p...

You're right. I apologize. I do genuinely appreciate the help from all of you. I'm just very confused & frustrated by the mixed answers. Not even the USCIS reps could give a straight answer. I plan to call again tomorrow & hopefully get someone who can help this time. If I send in the parental consent with the petition and it is denied, I'm scared of having to start the whole process over. But because the time varies so much with each case, if we send it near the time I turn 18 and it takes longer than usual to process, I'll most likely post pone college til the spring or fall of 2011 to ensure we have all the proper paperwork, etc. ready by the time we have to, you know?

[Montana + Joseph 0]

I don't think that they were trying to tell you how to live your life. I think they were suggesting that if you do have to wait to be a legal age to marry in order to file the petition that you can use the time to continue to build your relationship. No harm in that. Everyone should continue to build their relationship. At least to me it did not seem like a judgmental comment.

PS Believe me, I am only a few years older than you and have found you will probably receive your share of judgmental comments from other people who will judge you before they even know you and may even say that he is just getting married to you for the green card. Now we know that is not true, but unfortunately people talk about things they know nothing of. Be happy for the people who are genuinely trying to help you, such as most of the people on these boards. Just my extra 2 p...

You're right. I apologize. I do genuinely appreciate the help from all of you. I'm just very confused & frustrated by the mixed answers. Not even the USCIS reps could give a straight answer. I plan to call again tomorrow & hopefully get someone who can help this time. If I send in the parental consent with the petition and it is denied, I'm scared of having to start the whole process over. But because the time varies so much with each case, if we send it near the time I turn 18 and it takes longer than usual to process, I'll most likely post pone college til the spring or fall of 2011 to ensure we have all the proper paperwork, etc. ready by the time we have to, you know?