Does the sponsor for AOS have to be 18 when filing?

[rachaelk101 0]

Hi,

My fiance and I are currently waiting for our fiance visa, I-129F to be approved, and at the moment I am only 17. I know that he has to file for his adjustment of status 90 after entering the country with the approved I-129F, and I've also read his sponsor has to be 18 years old. We are hoping to have our wedding on October 7th, and I don't turn 18 until November 14th. Do we have to wait until I turn 18 to file for the adjustment of status, meaning he can't enter sooner than 90 days before my birthday? Or since I will turn 18 during the processing time is it ok to file for it after the wedding? Any info on this is appreciated, thanks so much!

[Cathi 5,748]

yes, in the US to sign a legal contract you must be at least 18 years of age.

[rachaelk101 0]

yes, in the US to sign a legal contract you must be at least 18 years of age.

I am able to file for the fiance visa at 17, is this any different?

[CHarvey80 72]

Petitioning is not a contract. The affidavit of support and marriage itself are both signed contracts. One between you and your spouse to be and the other with the government. Before the age of 18 you can not sign a contract and have it legally be binding. There for, prior to 18 years of age you cannot get married or complete the I-864 affidavit of support. So you will have to post pone both of those until you are both 18.

[rachaelk101 0]

Petitioning is not a contract. The affidavit of support and marriage itself are both signed contracts. One between you and your spouse to be and the other with the government. Before the age of 18 you can not sign a contract and have it legally be binding. There for, prior to 18 years of age you cannot get married or complete the I-864 affidavit of support. So you will have to post pone both of those until you are both 18.

Actually you can get married in Florida at 17 if you have both parents consent which I do, so this isn't a problem and I won't need to postpone that.

[rachaelk101 0]

Petitioning is not a contract. The affidavit of support and marriage itself are both signed contracts. One between you and your spouse to be and the other with the government. Before the age of 18 you can not sign a contract and have it legally be binding. There for, prior to 18 years of age you cannot get married or complete the I-864 affidavit of support. So you will have to post pone both of those until you are both 18.

And the I-134 for my fiances interview isn't legally binding so I don't have to be 18 for that either. I don't need to file the I-864 until his adjustment of status, which brings me back to my original questions, if we can send the adjustment of status while I am 17 if I turn 18 while it's processing, or if we have to wait until i am 18 to send anything, which will only be a few weeks after the wedding.

[CHarvey80 72]

I can not find anything that specifies an age requirement to file the K1 or adjustment of status. But you will need to be 18 to file the I-864 when you adjust status.

[rachaelk101 0]

I can not find anything that specifies an age requirement to file the K1 or adjustment of status. But you will need to be 18 to file the I-864 when you adjust status.

Thanks that's what I thought.

[Gary and Alla 3,694]

I am able to file for the fiance visa at 17, is this any different?

Yes. For one thing you are not "filing for a visa" your fiance will do that. You are filing a petition and you must be legal to marry in order to do that BEFORE you send the petition. That means you must be 18 OR have written permission from parents BEFORE you file the petition. You cannot file early figuring that "I will be legal when he gets the visa" Doesn't work that way.

The I-864 for AOS is a legal contract and you must be 18 to sign it. You do not send the I-864 with the petition.

[Gary and Alla 3,694]

I can not find anything that specifies an age requirement to file the K1 or adjustment of status. But you will need to be 18 to file the I-864 when you adjust status.

There s no age requirement.

BOTH parties MUST be "legal to marry" before the petition is filed. Some states allow marriage as early as age 16 with parent permission. If that is what you are doing you MUST submit evidence you are legal to marry with the petition, that means a copy of your state's law and the appropriate parent permission.

[Nich-Nick 3,354]

Hi,

My fiance and I are currently waiting for our fiance visa, I-129F to be approved, and at the moment I am only 17. I know that he has to file for his adjustment of status 90 after entering the country with the approved I-129F, and I've also read his sponsor has to be 18 years old. We are hoping to have our wedding on October 7th, and I don't turn 18 until November 14th. Do we have to wait until I turn 18 to file for the adjustment of status, meaning he can't enter sooner than 90 days before my birthday? Or since I will turn 18 during the processing time is it ok to file for it after the wedding? Any info on this is appreciated, thanks so much!

He doesn't have to file for AOS within his 90 days. He only has to marry in that time, so there's no problem waiting until your birthday to sign the Affidavit of Support. Also, If your service center is VSC, he'll be lucky to have a visa by the end of September.

[vbtwo 54]

There s no age requirement.

BOTH parties MUST be "legal to marry" before the petition is filed. Some states allow marriage as early as age 16 with parent permission. If that is what you are doing you MUST submit evidence you are legal to marry with the petition, that means a copy of your state's law and the appropriate parent permission.

In NY, you can marry as early as 14 with permission of both parents and a judge from a family court, or 16 with just the permission of both parents.

[baron555 934]

Hi,

My fiance and I are currently waiting for our fiance visa, I-129F to be approved, and at the moment I am only 17. I know that he has to file for his adjustment of status 90 after entering the country with the approved I-129F, and I've also read his sponsor has to be 18 years old. We are hoping to have our wedding on October 7th, and I don't turn 18 until November 14th. Do we have to wait until I turn 18 to file for the adjustment of status, meaning he can't enter sooner than 90 days before my birthday? Or since I will turn 18 during the processing time is it ok to file for it after the wedding? Any info on this is appreciated, thanks so much!

Must be 18 when you file the AOS.

[Rob & Monika 87]

Do you actually make enough money at 17 to be able to qualify as a sponsor?

[Rob & Monika 87]

A minor can sign a contract, but cannot be held financially responsible for a breach of contract. Similar to student loans, you need a guarantor, which is someone who will be financially responsible for you should you breach contract. For this process...it's called a cosponsor.