Can a 17 years old US citizen petition for a K-1 visa?

[iyad 0]

Hi,

A friend of mine (22yo pre-med) asked me this question and I cannot find an answer anywhere:

He is engaged to a US citizen who is 17 years old (with her parents' consent).

Can she (the minor US citizen) petition a K-1 visa from him? If not, can they marry abroad (with her parents' consent)and can she then file an i-130 for him (remember she's is a minor under 18)

My initial response was that this is not possible, but I want to make sure. If anyone has a better answer or a similar experience, pls let us know.... tks.

[Penguin_ie 5,997]

K1 would be easier than CR-1 (which is the spousal visa), because the problem is not marriage, it is the affidavit of support (I-864), which requires you be 18 to sign. How far away from their 18th birthday is the petitioner? If they are 6 months or less away, it could be done because by the time the I-864 is required by the NVC, they'd likely be 18.

[pushbrk 13,268]

K1 would be easier than CR-1 (which is the spousal visa), because the problem is not marriage, it is the affidavit of support (I-864), which requires you be 18 to sign. How far away from their 18th birthday is the petitioner? If they are 6 months or less away, it could be done because by the time the I-864 is required by the NVC, they'd likely be 18.

Age 18 is required for the affidavit of support for fiance or spouse. Petition filing at age 17 is OK with parental consent. (Or without, in certain States)

Edited April 11, 2011 by pushbrk

[Penguin_ie 5,997]

Age 18 is required for the affidavit of support for fiance or spouse. Petition filing at age 17 is OK with parental consent. (Or without, in certain States)

I thought the I-134 could be filed by someone under 18? Then, by the time Adjustment of Status and the I-864comes around, they'll be 18 anyway..

[sara..... 371]

I thought the I-134 could be filed by someone under 18? Then, by the time Adjustment of Status and the I-864comes around, they'll be 18 anyway..

She can file it but what are the chances of it being approved?

sara

[Wayne and Claudia 40]

She can file it but what are the chances of it being approved?

sara

I was wondering the same thing. For certain the case will be scrutinized heavily is my best guess.

[pushbrk 13,268]

She can file it but what are the chances of it being approved?

sara

The chances of the petition being approved are as good as anybody else's chances. Petition approval carries a pretty low standard most of the time. Visa approval depends on the relationship. Lot's of 18 year olds get married and have been doing so for many many years.