Anything and everything.

[Ryan H 3,812]

In his opinion

"The petition would probably be invalid even if the marriage is valid because a minor would not be able to be held to the conditions of the I-134 affidavit of support. Under federal law and various state laws a contract with a minor is not enforceable. Someone who has not yet reached the age of majority cannot sign a legally binding contract, some exceptions are made in the cases where legal emancipation has been processed through the court. This is because a minor can disaffirm a contract made, no matter the case. The I-134 is a binding legal contract between the federal government and the petitioner with conditions, rights and responsibilities. When a contact is disaffirmed the entire contract must be disaffirmed. in this case it would require reversal of the entire immigration process without condition or penalty, which is also not permissible under federal law."

"Simply put, no, it wouldn't be allowed."

You’re welcome for me doing the leg work for you.

This lawyer got his forms wrong, the I-134 is not an enforceable contract nor would it be the form that is used in a spousal visa case. It's the I-864 that would be used and this is enforceable.

[LilyR 7]

I am not sure if I got my facts a bit scrambled in all of the posts ... but keep in mind -

Coming to the US on the vwp and then getting married here as originally planned and attempting to adjust status afterwards is misrepresentation. Some people are able to get away with it, but others have received bans for misrepresentation and need to file for waivers and jump through extra hoops for extra prices.

Also keep in mind that it has happend that the "revealing" information that some people have posted on message boards like this have made its way into people's immigration files (which can be a problem if trying to prove that someone didnt intend to try to subvert immigration law)

[NikLR 13,227]

This lawyer got his forms wrong, the I-134 is not an enforceable contract nor would it be the form that is used in a spousal visa case. It's the I-864 that would be used and this is enforceable.

But would it be enforceable on a minor?

[speedwell 224]

But would it be enforceable on a minor?

Not at all, which is why they would not make a contract with a minor in the first place. Even if the minor reached majority in the meantime and did not repudiate the contract, it could still be overturned for lack of ability to enter into a legal contract.

Edited April 27, 2013 by speedwell

[NikLR 13,227]

So regardless she needs to be 18 to sign the I-864 and probably to even start the process or else it would be a waste of time and money.

[speedwell 224]

So regardless she needs to be 18 to sign the I-864 and probably to even start the process or else it would be a waste of time and money.

I imagine there's grounds for an interesting lawsuit here. She may marry at home in the US (local rules will determine whether she does or does not require parental consent, or in Massachusetts, New Hampshire, Ohio, and maybe Texas, the consent of probate court), but a 17-year-old may not marry in the Republic of Ireland, and must have written parental consent in Northern Ireland. Married people of any age may have sex, but the over-18 fiance may run into statutory rape trouble if it is found in a US court that he had sex with his underage fiancee before the wedding.

The official USCIS guidance is available and I'm surprised we have not linked to it. The only minimum age requirement for filing for a family visa is 21 in the case of filing for siblings and parents, so the filing itself is not in question. The paragraph goes on to say, "However, a U.S. citizen or lawful permanent resident (LPR) must be at least 18 years of age and have a residence (domicile) in the U.S. before he or she can sign an Affidavit of Support, Form I-864 or I-864-EZ. This form is required for an immigrant visa for a spouse and other relatives of U.S. sponsors." http://travel.state.gov/visa/immigrants/types/types_1306.html#3

Odds are the OP (I mean the little girl, not her beau) will in fact be 18 by the time the I-130 is decided, but the law is clear.

Edited April 27, 2013 by speedwell

[NikLR 13,227]

I think we've all done what we can to help them. Maybe it's time to let them figure it out on their own now.

[Robb&Ann 101]

This lawyer got his forms wrong, the I-134 is not an enforceable contract nor would it be the form that is used in a spousal visa case. It's the I-864 that would be used and this is enforceable.

Sorry, I have been working with a K1 and did not specify to him spousal vs fiancee. Form aside, the point is still the same.

[nicknackzz 0]

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