Help understanding I-129F

[amykathleen2005 441]

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?

I do not know the answer to your original question. However, if it were me, I would wait until you were 18. For the Affidavit of Support you are the main sponsor, regardless of if you have a cosponsor or not. That is a legally binding document that I do not think the government would accept from someone who who is too young to enter into a contract (this part occurs at the Embassy, not the initial filing.)

Also I would not wait to start college. There's no reason not to start. The paperwork will not take that long to get together really (the hard part is the waiting), and you'll want something to keep your mind off of all the waiting you have to do.

Most likely your whole process will take around 6 months (but it could be more). So if you waited until February when you were 18 that would mean you could be together by August. Now this is certainly not a guarantee, but its a possibility.

[Montana + Joseph 0]

I do not know the answer to your original question. However, if it were me, I would wait until you were 18. For the Affidavit of Support you are the main sponsor, regardless of if you have a cosponsor or not. That is a legally binding document that I do not think the government would accept from someone who who is too young to enter into a contract (this part occurs at the Embassy, not the initial filing.)

Also I would not wait to start college. There's no reason not to start. The paperwork will not take that long to get together really (the hard part is the waiting), and you'll want something to keep your mind off of all the waiting you have to do.

Most likely your whole process will take around 6 months (but it could be more). So if you waited until February when you were 18 that would mean you could be together by August. Now this is certainly not a guarantee, but its a possibility.

Is the petition looked at immediately when it reaches the service center or is it put at the bottom of the stack? If it's not looked at immediately, do you think it would be possible to send it a few weeks/a month before I turn 18? or do you think they'd send it back because I signed it when I was 17?

[Kenza 1]

I got married a week after I turned 18 and filed right after that. My husband was questioned about our ages during his interview but YAY! he was approved! We also met in 2004 and I was 14.

I suggest wait if you can, I know it's a pain and very lonely to be away from your loved one but we all got through it!

Otherwise, I think you can still file, If money isn't a problem, and include LOTS of consent from your parents with the petition and MORE evidence than the usual petitioner. I also advise to research the process more and read other people's experiences here on VJ. Welcome!

[amykathleen2005 441]

I do not know the answer to your original question. However, if it were me, I would wait until you were 18. For the Affidavit of Support you are the main sponsor, regardless of if you have a cosponsor or not. That is a legally binding document that I do not think the government would accept from someone who who is too young to enter into a contract (this part occurs at the Embassy, not the initial filing.)

Also I would not wait to start college. There's no reason not to start. The paperwork will not take that long to get together really (the hard part is the waiting), and you'll want something to keep your mind off of all the waiting you have to do.

Most likely your whole process will take around 6 months (but it could be more). So if you waited until February when you were 18 that would mean you could be together by August. Now this is certainly not a guarantee, but its a possibility.

Is the petition looked at immediately when it reaches the service center or is it put at the bottom of the stack? If it's not looked at immediately, do you think it would be possible to send it a few weeks/a month before I turn 18? or do you think they'd send it back because I signed it when I was 17?

Well it is registered when it arrives, but it is only really looked at around 90 days after it arrives. I don't know how they would treat that situation.....

[Montana + Joseph 0]

Well it is registered when it arrives, but it is only really looked at around 90 days after it arrives. I don't know how they would treat that situation.....

Also, once approved he can stay in the UK for up to 4 months before coming here & then we have another 90 days once he arrives in the US before we have to get married, correct?

[Montana + Joseph 0]

Hallelujah. After a looooong time searching, my fiance found this (read the last bullet point):

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Thanks to everyone who gave suggestions & advice. I'm sure you'll hear from me again. This is just the beginning for us.

[Anh map 2,098]

Would there be an issue with a minor signing the forms (i-129F, etc.)?

[thepizzadude 26]

I see no reason why you would not be able to do what you are trying to accomplish. Age requirements for marriage are determined by each state not at the federal level.

The I-134 is an affidavit of support and not a contract, so it can be signed by someone under the age of 18. It is essentially a form to file a promise with the Bureau to support an alien entering the United States and that the alien will not become a public charge.

An I-864 on the other hand is a Contract between you and the federal government, and I THINK in the US you must be 18 to sign a contract and be held liable to adhere to its contents. From the directions it states: This form is a contract between a sponsor and the U.S.Government. Completing and signing this form makes you the sponsor. You must show on this form that you have enough income and/or assets to maintain the intending immigrant(s) and the rest of your household at 125 percent ofthe Federal Poverty Guidelines. By signing Form I-864, you are agreeing to use your resources to support the intending immigrant(s) named in this form, if it becomes necessary. You will not need this document until you file AOS which would be after February so you would be 18.

I hope this helps.

[Otto 83]

Is the petition looked at immediately when it reaches the service center or is it put at the bottom of the stack? If it's not looked at immediately, do you think it would be possible to send it a few weeks/a month before I turn 18? or do you think they'd send it back because I signed it when I was 17?

It doesn't matter when they look at your petition - what matters is the information must be current as when you signed it - it can not 'become current' while waiting in a box.

Also, once approved he can stay in the UK for up to 4 months before coming here & then we have another 90 days once he arrives in the US before we have to get married, correct?

Last time I checked, a K-1 Visa is valid for 6 months.

[Nik+Heather 121]

Hey guys, ya'll can't be so old that you can't remember what it was like to be 17 and SOOOOOOO sure that you are right. Especially with the support of her parents, do you think anything we say will sway her? Would it have swayed you??? Not me. Anyway, I feel for her - sure she's lucky if she's found "The One" so early, but to never be independent or out on her own...It will or it won't work out, but she's going to do it anyway. And really, with long distance relationships, there always comes a time when you have to take the plunge.

To the OP: The idea that this paperwork is so difficult that you can't go to college at the same time is just plain blowing things out of proportion. The effort we are talking about is on the scale of a long weekend. Most of the "processing" time is spent sitting around waiting. The vast majority of the other petitioners here have full time jobs and hold our lives (grocery shopping, lawn mowing, bill paying, raising kids... etc) together in addition to completing our visa process. Now, if you're getting a job instead of going to college, maybe that's a different story. Then perhaps you can afford to support your fiance until he finds work as well, which would be commendable.

All the best...

Edited August 27, 2009 by Nik+Heather

[Montana + Joseph 0]

Hey guys, ya'll can't be so old that you can't remember what it was like to be 17 and SOOOOOOO sure that you are right. Especially with the support of her parents, do you think anything we say will sway her? Would it have swayed you??? Not me. Anyway, I feel for her - sure she's lucky if she's found "The One" so early, but to never be independent or out on her own...It will or it won't work out, but she's going to do it anyway. And really, with long distance relationships, there always comes a time when you have to take the plunge.

To the OP: The idea that this paperwork is so difficult that you can't go to college at the same time is just plain blowing things out of proportion. The effort we are talking about is on the scale of a long weekend. Most of the "processing" time is spent sitting around waiting. The vast majority of the other petitioners here have full time jobs and hold our lives (grocery shopping, lawn mowing, bill paying, raising kids... etc) together in addition to completing our visa process. Now, if you're getting a job instead of going to college, maybe that's a different story. Then perhaps you can afford to support your fiance until he finds work as well, which would be commendable.

All the best...

It's hard to tell whether you mean well through this post or not. I think it's rude how you quickly stereotype me as a "classic teenager". Not every teenager is the same and you know absolutely nothing about me or my relationship. If I wasn't sure about this, we wouldn't be going through all the paperwork, money, tears & frustration to get him here. I have a decent job right now & I plan on keeping it. I'm done with school in January & plan on working full time until I start college anyways. I never said that I was going to put off college & quit work. The paperwork is not the only reason I would put off going to college for a FEW months, but those are reasons I care not to share on the internet. We have sorted the issue now anyways.

[Montana + Joseph 0]

I see no reason why you would not be able to do what you are trying to accomplish. Age requirements for marriage are determined by each state not at the federal level.

The I-134 is an affidavit of support and not a contract, so it can be signed by someone under the age of 18. It is essentially a form to file a promise with the Bureau to support an alien entering the United States and that the alien will not become a public charge.

An I-864 on the other hand is a Contract between you and the federal government, and I THINK in the US you must be 18 to sign a contract and be held liable to adhere to its contents. From the directions it states: This form is a contract between a sponsor and the U.S.Government. Completing and signing this form makes you the sponsor. You must show on this form that you have enough income and/or assets to maintain the intending immigrant(s) and the rest of your household at 125 percent ofthe Federal Poverty Guidelines. By signing Form I-864, you are agreeing to use your resources to support the intending immigrant(s) named in this form, if it becomes necessary. You will not need this document until you file AOS which would be after February so you would be 18.

I hope this helps.

thank you

[Kathlyn and Tim 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?

How old is your fiance now?

[Montana + Joseph 0]

How old is your fiance now?

21.

[Nik+Heather 121]

Hey guys, ya'll can't be so old that you can't remember what it was like to be 17 and SOOOOOOO sure that you are right. Especially with the support of her parents, do you think anything we say will sway her? Would it have swayed you??? Not me. Anyway, I feel for her - sure she's lucky if she's found "The One" so early, but to never be independent or out on her own...It will or it won't work out, but she's going to do it anyway. And really, with long distance relationships, there always comes a time when you have to take the plunge.

To the OP: The idea that this paperwork is so difficult that you can't go to college at the same time is just plain blowing things out of proportion. The effort we are talking about is on the scale of a long weekend. Most of the "processing" time is spent sitting around waiting. The vast majority of the other petitioners here have full time jobs and hold our lives (grocery shopping, lawn mowing, bill paying, raising kids... etc) together in addition to completing our visa process. Now, if you're getting a job instead of going to college, maybe that's a different story. Then perhaps you can afford to support your fiance until he finds work as well, which would be commendable.

All the best...

It's hard to tell whether you mean well through this post or not. I think it's rude how you quickly stereotype me as a "classic teenager". Not every teenager is the same and you know absolutely nothing about me or my relationship. If I wasn't sure about this, we wouldn't be going through all the paperwork, money, tears & frustration to get him here. I have a decent job right now & I plan on keeping it. I'm done with school in January & plan on working full time until I start college anyways. I never said that I was going to put off college & quit work. The paperwork is not the only reason I would put off going to college for a FEW months, but those are reasons I care not to share on the internet. We have sorted the issue now anyways.

Hah - I'd just like to point out that "screw you all, I'm going to follow my heart no matter what you say" is the Hallmark of a teenager. I'm confused why you think that this is somehow insulting. Many people would go back to their teens if they could! Stop wasting your time being defensive and enjoy yourself. I wish I had known Nik earlier in my life so we could have more time, but on the other side, I'm glad that I have had years to live solo too. Each person's life experiences will be different, and not surprisingly, I happen to prefer my own.

By the way, your earlier comment, "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?" is what prompted mine - just makes it sound like those were the only two considerations. I know you'd said the process was confusing and overwhelming, but planning 2 years for it seemed excessive.