Age Requirement to file for Spouse Visa

[♥Muslimqueen♥ 2]

Hello VJ!, Im asking this Question for a friend.

I read that there is no Age Requirement to file for Spouse Visa, but that you must be 18 year of age to Sign the I-864. If the 17 year old does not work But has a Co-Sponser is he aloud to File for his Wife? Please give any advise to what it is they can do and how should they go about this.

They are engaged and will be getting married soon he is 16 she is 17 but when they plan to start the Visa Journey he will be 17 and she will be 18.

P.S. Just helpful advise. In there home country marraige at a young Age is Normal.

[sara..... 371]

Hello VJ!, Im asking this Question for a friend.

I read that there is no Age Requirement to file for Spouse Visa, but that you must be 18 year of age to Sign the I-864. If the 17 year old does not work But has a Co-Sponser is he aloud to File for his Wife? Please give any advise to what it is they can do and how should they go about this.

They are engaged and will be getting married soon he is 16 she is 17 but when they plan to start the Visa Journey he will be 17 and she will be 18.

P.S. Just helpful advise. In there home country marraige at a young Age is Normal.

i read something once i dont remember where but it stated that as long as the underage person had parents consent to marry they could file....

sara

[Anh map 2,098]

Hello VJ!, Im asking this Question for a friend.

I read that there is no Age Requirement to file for Spouse Visa, but that you must be 18 year of age to Sign the I-864. If the 17 year old does not work But has a Co-Sponser is he aloud to File for his Wife? Please give any advise to what it is they can do and how should they go about this.

They are engaged and will be getting married soon he is 16 she is 17 but when they plan to start the Visa Journey he will be 17 and she will be 18.

P.S. Just helpful advise. In there home country marraige at a young Age is Normal.

The petitioner must submit the I-864 regardless of income level so the age requirement for the Affidavit of Support seems to be a de facto age requirement for the spouse visa petition.

We both are probably reading the same page from the State Dept. website ( http://travel.state....types_2991.html ) which states:

Minimum Age Requirement for the Petitioner

There is no minimum age to file a petition for a spouse for immigration. However, you must be 18 years of age and have a domicile in the U.S. before you can sign the Affidavit of Support, Form I-864, and this form is required for an immigrant visa for spouses and other relatives of U.S. sponsors.

I would suggest that the parent(s) of the proposed groom get some advice from a qualified immigration attorney to have all the questions addressed.

-Moved from IR1/CR1 Progress Reports forum to IR1/CR1 Process & Procedures forum -

Edited March 22, 2010 by Anh map

[♥Muslimqueen♥ 2]

The petitioner must submit the I-864 regardless of income level so the age requirement for the Affidavit of Support seems to be a de facto age requirement for the spouse visa petition.

We both are probably reading the same page from the State Dept. website ( http://travel.state....types_2991.html ) which states:

Minimum Age Requirement for the Petitioner

There is no minimum age to file a petition for a spouse for immigration. However, you must be 18 years of age and have a domicile in the U.S. before you can sign the Affidavit of Support, Form I-864, and this form is required for an immigrant visa for spouses and other relatives of U.S. sponsors.

I would suggest that the parent(s) of the proposed groom get some advice from a qualified immigration attorney to have all the questions addressed.

-Moved from IR1/CR1 Progress Reports forum to IR1/CR1 Process & Procedures forum -

Well i gusse the only Option they realy have now is wait an extra year till he is 18.

[Anh map 2,098]

Well i gusse the only Option they realy have now is wait an extra year till he is 18.

It's a question worth asking an immigration attorney who has experience with this situation. Perhaps the reality is different than what that page seems to say.

[Marina-Del 10]

Yeah, since he is a minor then there might be some sort of difference then what the page is saying exactly. If he is a minor then technically his parents can sign everything for him, right? I don't know. I second that they should consult an attorney. Maybe he will say they have to wait the year, maybe not!

[TOM&Riz 4]

Well i gusse the only Option they realy have now is wait an extra year till he is 18.

9 FAM 40.41 N5.2 Defining "Sponsor"

(CT:VISA-1126; 12-03-2008)

a. To qualify as a sponsor, an individual must be a natural person (not a

corporation or other business entity) who:

(1) Is a citizen, national, or lawful permanent resident (LPR) of the

United States (including conditional residents);

(2) Is at least 18 years of age;

(3) Filed the petition which forms the basis for the visa application (or

has a substantial interest in the entity which filed the petition); and

(4) Is domiciled in any of the 50 States of the United States, the

District of Columbia, or any territory or possession of the United

States. (See 9 FAM 40.41 N6.)

b. If the relative petitioner does not meet the qualifying criteria to be a

sponsor (for example, by being under 18 years of age or not domiciled in

the United States), the visa applicant must be found ineligible for a visa

under INA 212(a)(4) until such circumstance no longer exists.

*information source : U.S. Department of State Foreign Affairs Manual Volume 9 - Visas