Affidavit of Support Requirements UNDER 18

[AladdinS 15]

My brother is the petitioner and is sponsoring his wife for a visa and is in the NVC stage. He is currently 16 years old but will be 17 in November.

I read in the instructions for the i-864 Affidavit of Support the following:

"A sponsor completes and signs Form I-864. A sponsor is required to be at least 18 years old and domiciled in the United States, or its territories..."

Has anyone tried to complete and submit the I-864 while being under 18. It is clear in the instructions that you have to be 18 to be a sponsor, and from what I understand the petitioner must be a sponsor even if there is a Joint Sponsor. Is that correct? Are there any ways to get around this rule?

What will happen if my brother fills out the AOS form and signs and sends it to the NVC even though he is only 16. Will he recieve an RFE? or will they just let it pass since hes almost 18? Will they tell him to wait until he's 18 then submit the form? What do you guys think?

Any input would be greatly appreciated.

Thanks!

[BOS_LHR 829]

Giving this thread a bump in the hope someone will come along with experience to share. This is an interesting topic. I would think your brother will need a joint sponsor who is 18+ at the very least, but you're right, your brother must still be a sponsor even if a joint sponsor is used. USCIS information indicates that all sponsors must be over 18 at the time of filing the affidavit of support, so my guess is he may just have to wait until he's of legal age. I'd try calling the NVC to find out if he'll be allowed to proceed.

[NikLR 13,232]

It won't happen. The petitioner needs to be over 18 so they can sign the legal contract with the government. A minor cannot do that. Even if there is a joint sponsor over the age of 18, the petitioner is the main sponsor.

Edited July 14, 2013 by NikiR

[Penguin_ie 5,996]

I know we had people on here denied for being underage, or they deliberately stalled so they only sent in the I-864 when they turned 18. I have not seen an approved visa where the petitioner was under 18.

The other thing to look into is whether it is legal for him to marry at his age in his state?

[vbtwo 54]

I know we had people on here denied for being underage, or they deliberately stalled so they only sent in the I-864 when they turned 18. I have not seen an approved visa where the petitioner was under 18.

The other thing to look into is whether it is legal for him to marry at his age in his state?

According to Michigan law it's legal to marry at 16 with permission of at least 1 parent. I don't know how they will handle it though. Would recommend stalling it until 18.