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rachaelk101

Can I file for I-129F if I am only 17?

By rachaelk101 in K-1 Fiance(e) Visa Process & Procedures

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rachaelk101 Contributor

rachaelk101   0

Posted
Filed: Country: Scotland
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I am only 17 and am going to be filing for the fiancee visa soon, will this cause any problems? My parents will both provide statements to show they support the marriage. Also, I know for my fiance to file for adjustment of status, his sponsor needs to be 18, and by that time I will be 18. My fiance is from Scotland and is 20. Any info on this is highly appreciated!

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Ryan H Grand Master

Ryan H   3,812

Posted
Filed: Lift. Cond. (apr) Country: China
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Posted (edited)

I don't know the answer to the age question. However the petition form you will file is the I-129F; not the I-129.

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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LeftCoastLady Proficient

LeftCoastLady   441

Posted
Filed: Lift. Cond. (pnd) Country: United Kingdom
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Posted

On the age, it would likely depend on where you live as that would determine if you're free to marry. Check your state's marriage requirements to be sure.

Part One: The K-1 Visa Journey:

USCIS Receipt of I-129F: January 24, 2012 | Petition Approval: June 15, 2012 (No RFEs)
Interview: October 24, 2012 - Review | Visa Delivered: October 31, 2012



Part Two: Entry and Adjusting Status:

POE: November 18, 2012 (at SFO) - Review
Wedding: December 1, 2012 | Social Security: New cards received on December 7, 2012.
AOS Package (I-485/I-765/I-131) NOA1: February 19, 2013 | Biometrics Appt.: March 18, 2013
AP/EAD Approved: April 29, 2013 | Card Received: May 6, 2013 | AOS Interview Appt.: May 16, 2013 - Approved Review Card Received: May 24, 2013

Part Three: Removal of Conditions:

Coming Soon...

"When you're born you get a ticket to the freak show. When you're born in America, you get a front row seat." – George Carlin

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baron555 Veteran

baron555   934

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Filed: AOS (apr) Country: Kenya
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On the age, it would likely depend on where you live as that would determine if you're free to marry. Check your state's marriage requirements to be sure.

Yes you must be free to marry in the state from which you file. Parents can not give consent, if you are underage, only some letter from the appropriate marriage office, usually the county clerk.

Most likely you can obtain this and are good to go.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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djricky4 Proficient

djricky4   67

Posted
Filed: AOS (apr) Country: Jamaica
 Timeline
Posted

you must be legally free to married in your country before the petition is filed. not before so check out the law before you waste your money

AOS

10/16/2012 Mailed I-485, I-765, I-131
10/19/2012 NOA1
11/09/2012 Biometrics Apt @ 3pm
12/25/2012 EAD/AP Approval
01/05/2013 Received EAD/AP in mail

06/20/2013 AOS APPROVED!!!!!

LIFTING OF CONDITIONS

3/23/15 Mailed I-751

3/25/15 NOA1

3/28/15 NOA1 Received in the Mail

4/28/15 Biometrics Apt.

11/13/15 ROC Approved

11/18/15 Approval Letter Received

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rachaelk101 Contributor

rachaelk101   0

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Filed: Country: Scotland
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Yes you must be free to marry in the state from which you file. Parents can not give consent, if you are underage, only some letter from the appropriate marriage office, usually the county clerk.

Most likely you can obtain this and are good to go.

I live in Missouri, and the law to get married here is if you are under 18, you must have parental consent, which I do. Would I still have to go to a county clerk to get a letter? Also, I'm getting Married in Florida, does that make a difference?

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LeftCoastLady Proficient

LeftCoastLady   441

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Filed: Lift. Cond. (pnd) Country: United Kingdom
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I live in Missouri, and the law to get married here is if you are under 18, you must have parental consent, which I do. Would I still have to go to a county clerk to get a letter? Also, I'm getting Married in Florida, does that make a difference?

If you're securing the marriage license in Florida, you would need to check with the county in which the wedding is taking place. I believe you said in another thread that you were getting married at Disney World, correct? If so, Orange County, FL, requires that both the male and female be 18 years or older to apply for a marriage license: http://www.myorangeclerk.com/enu/Pages/additional-services/marriage-licenses-and-ceremonies.aspx

Part One: The K-1 Visa Journey:

USCIS Receipt of I-129F: January 24, 2012 | Petition Approval: June 15, 2012 (No RFEs)
Interview: October 24, 2012 - Review | Visa Delivered: October 31, 2012



Part Two: Entry and Adjusting Status:

POE: November 18, 2012 (at SFO) - Review
Wedding: December 1, 2012 | Social Security: New cards received on December 7, 2012.
AOS Package (I-485/I-765/I-131) NOA1: February 19, 2013 | Biometrics Appt.: March 18, 2013
AP/EAD Approved: April 29, 2013 | Card Received: May 6, 2013 | AOS Interview Appt.: May 16, 2013 - Approved Review Card Received: May 24, 2013

Part Three: Removal of Conditions:

Coming Soon...

"When you're born you get a ticket to the freak show. When you're born in America, you get a front row seat." – George Carlin

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rachaelk101 Contributor

rachaelk101   0

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Filed: Country: Scotland
 Timeline
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Posted

If you're securing the marriage license in Florida, you would need to check with the county in which the wedding is taking place. I believe you said in another thread that you were getting married at Disney World, correct? If so, Orange County, FL, requires that both the male and female be 18 years or older to apply for a marriage license: http://www.myorangeclerk.com/enu/Pages/additional-services/marriage-licenses-and-ceremonies.aspx

Thanks a lot. Yes the wedding would be in Disney World. On that site, right under where it says both male and female must be 18, it says if a minor is 16 or 17 they can apply with parental consent. Does that still count as free to marry? I've read on I-129F instructions that if any person has age restrictions for marriage to provide required documents to show they are allowed to marry, so if I get my parents to both write notarized statements, would that be ok?

Thanks everyone for the help.

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LeftCoastLady Proficient

LeftCoastLady   441

Posted
Filed: Lift. Cond. (pnd) Country: United Kingdom
 Timeline
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Thanks a lot. Yes the wedding would be in Disney World. On that site, right under where it says both male and female must be 18, it says if a minor is 16 or 17 they can apply with parental consent. Does that still count as free to marry? I've read on I-129F instructions that if any person has age restrictions for marriage to provide required documents to show they are allowed to marry, so if I get my parents to both write notarized statements, would that be ok?

Thanks everyone for the help.

Including your parents' statements giving you permission to marry in the petition package is probably the best option. Good luck!

Part One: The K-1 Visa Journey:

USCIS Receipt of I-129F: January 24, 2012 | Petition Approval: June 15, 2012 (No RFEs)
Interview: October 24, 2012 - Review | Visa Delivered: October 31, 2012



Part Two: Entry and Adjusting Status:

POE: November 18, 2012 (at SFO) - Review
Wedding: December 1, 2012 | Social Security: New cards received on December 7, 2012.
AOS Package (I-485/I-765/I-131) NOA1: February 19, 2013 | Biometrics Appt.: March 18, 2013
AP/EAD Approved: April 29, 2013 | Card Received: May 6, 2013 | AOS Interview Appt.: May 16, 2013 - Approved Review Card Received: May 24, 2013

Part Three: Removal of Conditions:

Coming Soon...

"When you're born you get a ticket to the freak show. When you're born in America, you get a front row seat." – George Carlin

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Tahoma Veteran

Tahoma   2,292

Posted
Filed: Citizen (apr) Country: Philippines
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Posted

It appears that 17-year-olds can get married in Orange County, Florida, if they get a notarized consent from their parents. Even though you'll be 18 by the time you get married, I'm thinking that you should include the notarized consent form with your I-129F packet.

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freddybros Contributor

freddybros   1

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Filed: K-1 Visa Country: India
 Timeline
Posted

just wondering were u able to apply for ur fiancee usa visa at age of 17 yrs ? I m in same situation,I m adult and My Fiancee is 16 & half yrs old. Indian law for marriage is 18 for girls. I want to know If i m able to file her fiancee visa and get married here in USA with parent of consent( her uncle or guardian can sign?). or wait for her to get 17 & half and file for fiancee visa? so by the time of interview she will be 18.

please guys please help me out.

Thank You

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Al422 Experienced

Al422   221

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Filed: AOS (pnd) Country: Philippines
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Under 18 opens up some thorny cans of worms, not the least of which is the Federal law which makes it a felony to travel to another nation to have sex with someone under 18.

I am no expiert on this, but with this sort of thing, satisfying the marriage laws of the state you live in is not enough. You have the feds to satisfy, not to mention the laws of the country your fiance will be moving out of.

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freddybros Contributor

freddybros   1

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Filed: K-1 Visa Country: India
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Posted

just wondering were u able to apply for ur fiancee usa visa at age of 17 yrs ? I m in same situation,I m adult and My Fiancee is 16 & half yrs old. Indian law for marriage is 18 for girls. I want to know If i m able to file her fiancee visa and get married here in USA with parent of consent( her uncle or guardian can sign?). or wait for her to get 17 & half and file for fiancee visa? so by the time of interview she will be 18.

please guys please help me out.

Thank You

California law allows to marry with parent of consent underage. But My question is there age restriction to file for fiancee visa. I read on this site that person coming to USA must be legal or have to have parent of consent for underage . there is no such law or restriction of age for engagement in India. So Can I file my fiancee before she turns 18 with parent of consent? has anyone in past got there fiancee underage visa with parent of consent?

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