Do we have to wait to file I-129F?

[Fandango 1,439]

I'm sorry but in order to file a K-1 both parties have to be legally able to marry at the time of filing. Her being 17 MAY be a problem. It is not 'oh by the time it comes I'll be legally able'

Because following this logic...a separated petitioner could file without a previouse divorce being filed. And we all know that's not possible.

Oh....filing in Nov married and here by Feb? I will run around my block naked if that happens.

[misa 2]

Also AFAIK, both parties need to be legally free to marry both in the U.S. and the foreign country.

To the OP, Your fiance lives in New York and NY State law says 18 years old without written consent by parents.

These may not be the answers you wanted to hear but they are the realistic ones. No one's trying to be negative but to show you that when it comes to immigration, there can be a lot curveballs thrown at you every step of the way. No one wants to be separated from their fiances (or their spouses for that matter!), but that's just the way of things.

[Bride-to-Be 0]

to clear a few things up, i CAN legally marry age 17 in New York State (or the UK), it just has the requirement of parental permission, so legally i am free to marry, since its not illegal for me to marry. and by the time of marriage i will be 18, therefore not needing parental permission.

I'm sorry but in order to file a K-1 both parties have to be legally able to marry at the time of filing. Her being 17 MAY be a problem. It is not 'oh by the time it comes I'll be legally able'

Because following this logic...a separated petitioner could file without a previouse divorce being filed. And we all know that's not possible.

and its not following the same logic, because, i am definetely going to turn 18 on 3/11/07. people in the process of a divorce can't say the divorce will definetely finalised by then, and also if your still married its illegal to marry someone else, whereas its not illegal to get married at 17.

[gwenneh 7]

If you need parental permission to marry AT THE TIME OF FILING, then you need to include proof of that permission when you are filing. The date of the wedding is irrelevant, USCIS does not care when you marry so long as it is within 90 days of your entry into the US on the K-1. If you do not have proof of parental permission when you file, you need to wait until you are legal to marry without permission.

[featherB 1]

And your comment about not planning the wedding before starting the visa process makes no sense at all to me, i'm moving to america to marry him, not marrying him so i can move to america. the visa is just the red tape and the paperwork and headaches, the main part of all this is getting married and planning to make it a really special occasion. i'm not naive enough to put down any deposits on venues or anything, but that doesn't mean we can't plan how, where, and when we want our wedding.

What you've said here is (albeit unintentionally, I'm sure) a bit insulting to all the other hundreds of couples posting here who are going through this process right now - we all want to be with our fiance(e)/spouse and are having to jump through hoops and plough through red tape and paperwork to do so - sadly USCIS has no sense of romance and doesn't care that people might like to be able to plan their weddings, so we all have to work around the visa process rather than expect it to fit in with us! That's just the way it is... you'll need to accept that to get the end result of being together and being able to marry in the US, you'll have to put up with less scope for planning and flexibility than you might otherwise have liked.

That said, you *can* do quite a lot of advance planning, even down to setting a definite date, when the time comes - as you'll have 6 months to use the visa once it's issued and 90 days to marry after you enter the US, there's nothing to stop you (once you have the visa in hand, or at least have a good idea of when you're likely to get it) setting a wedding date a good way into the future and planning your perfect wedding... the downside to that, though, would be that you'd have to delay your entry into the US and/or get married towards the end of the 90 days after you enter on the K1 visa - marrying towards the end of that time will mean a longer gap without being able to work etc as you can't apply for AOS until after you marry. But at least the choice is there. Also, if you really want to be able to plan your dream wedding and have everything just right, you can always get married and then go for a spouse visa instead of a fiance one - although that might well take even longer, and the two of you will be apart as a married couple rather than an engaged one. Again, you might want to think about it, though...

Please don't think that the people who aren't saying what you want to hear (that you can file now, that you won't have to wait, that you will be able to marry in Jan/Feb 2007) are being 'negative'. Nobody's trying to rain on your parade or pour cold water on your plans here, they're just being realistic. They're not even talking 'worst case scenarios', they're just telling you how things really are. If you send off your I-129F in November, and if Vermont is still approving petitions as fast as they are now (which is something that can't be guaranteed - who knows what will happen between now and then?), you could easily have your approval within weeks, but that's just the petition approval - no matter how fast Vermont is, that makes no difference to the length of time it'll take your file to get through the NVC and to the consulate in London, and the amount of time it'll take London to give you an interview date. The absolute shortest time anyone's been waiting from NOA2 to interview over the last few months seems to be 2 and a half months, but most people have been waiting even longer than that - just look at the timelines. Everyone here wants to be with their partner just as much as you do, believe me - but even with perfect paperwork, no RFEs, and incredible good luck when it comes to getting an interview, the likelihood of going from submission to having your visa in hand in three and a half months is so slim as to be non-existent.

That's not negativity - it's being realistic. Not what you want to hear, I know, and believe me, I know the horrible sick feeling of realising 'oh my god, this is going to take HOW long??', but you need to face up to the fact that it takes how long it takes!

Good luck with it all... this is an excellent place to come for good advice, just don't take offence at seemingly 'negative' responses... people honestly are trying to help, rather than just sugar-coating their answers to reflect what you want to hear. We all know how hard and frustrating the wait is, 'cos everyone here is either going through it right now, or has gone through it in the not-too-distant past! So everyone understands exactly how you feel.

[featherB 1]

I'm sorry but in order to file a K-1 both parties have to be legally able to marry at the time of filing. Her being 17 MAY be a problem. It is not 'oh by the time it comes I'll be legally able'

Because following this logic...a separated petitioner could file without a previouse divorce being filed. And we all know that's not possible.

and its not following the same logic, because, i am definetely going to turn 18 on 3/11/07. people in the process of a divorce can't say the divorce will definetely finalised by then, and also if your still married its illegal to marry someone else, whereas its not illegal to get married at 17.

It is following the same logic... in the same way, couples have to have met in person within the two years prior to filing - you can't send off your I-129F saying 'we last saw each other two and a half years ago, but here's a copy of the flight itinerary to prove we're meeting up next month - so although we've not met that requirement now, we will have met it by the time you get to process our petition' - USCIS don't care about that, and would reject the petition on the grounds that the conditions weren't met at the time of filing. Again, not what you want to hear, I know, and I'm sorry.

Maybe if you can get parental permission (even though it won't be needed by the time you come to marry), you will be able to file... there is probably someone out there that will know the answer to that one for definite.

[misa 2]

to clear a few things up, i CAN legally marry age 17 in New York State (or the UK), it just has the requirement of parental permission, so legally i am free to marry, since its not illegal for me to marry. and by the time of marriage i will be 18, therefore not needing parental permission.

If no parental consent, then it's not legal prior to 18 which is the point that many of us are getting at. 17 plus parental consent = legally free to marry. 17 without parental consent = not legally free to marry. It appears you don't have parental consent so you're not legally free to marry until you turn 18.

[KarenCee 3]

If you need parental permission to marry AT THE TIME OF FILING, then you need to include proof of that permission when you are filing. The date of the wedding is irrelevant, USCIS does not care when you marry so long as it is within 90 days of your entry into the US on the K-1. If you do not have proof of parental permission when you file, you need to wait until you are legal to marry without permission.

That's what we've all been saying, albeit in a round about way. The USCIS doesn't care WHEN you turn 18. If you want to file NOW then you should have parental permission to include with the petition. Otherwise, as Gwen advised...you have to wait. There isn't a way around this one...not for you or for anyone.

[1HappyGuy 45]

Dear Bride to Be,

If you are going to be 18 in March, then wait until then to file. It generally takes 3 months for the visa application to be approved, but if you are going through Vermont that will likely be quicker.

On thing no one has mentioned here is that the K-1 visa is good for six months. So, if you plan a wedding in January 2008 and want to be here at least a couple of months before that, you need to have it available by November 2007. That would allow you to be approved by May of 2007.

It looks like your timing is just about right. Wait for turning 18 and file.

[misa 2]

Dear Bride to Be,

If you are going to be 18 in March, then wait until then to file. It generally takes 3 months for the visa application to be approved, but if you are going through Vermont that will likely be quicker.

On thing no one has mentioned here is that the K-1 visa is good for six months. So, if you plan a wedding in January 2008 and want to be here at least a couple of months before that, you need to have it available by November 2007. That would allow you to be approved by May of 2007.

It looks like your timing is just about right. Wait for turning 18 and file.

No, she doesn't turn 18 until November 2007.

[featherB 1]

On thing no one has mentioned here is that the K-1 visa is good for six months.

I did - although granted, it might have got lost amidst the rest of my ramblings!

[Caladan 19]

to clear a few things up, i CAN legally marry age 17 in New York State (or the UK), it just has the requirement of parental permission, so legally i am free to marry, since its not illegal for me to marry. and by the time of marriage i will be 18, therefore not needing parental permission.

I'm sorry but in order to file a K-1 both parties have to be legally able to marry at the time of filing. Her being 17 MAY be a problem. It is not 'oh by the time it comes I'll be legally able'

Because following this logic...a separated petitioner could file without a previouse divorce being filed. And we all know that's not possible.

and its not following the same logic, because, i am definetely going to turn 18 on 3/11/07. people in the process of a divorce can't say the divorce will definetely finalised by then, and also if your still married its illegal to marry someone else, whereas its not illegal to get married at 17.

There are cases where a divorce is finalized except for a six-month waiting period where it's illegal to get remarried. People going through that can't file in those six months, even though it's definite that they'll be free to marry at the end of it.

It is illegal to get married at seventeen without parental permission. If you don't have the parental permission, it's illegal to marry. If you don't have the parental permission and you're seventeen, you can't get married. If you don't have parental permission and you're seventeen, you're not free to file because you're not free to marry.

That's the purpose of the 'without parental permission' clause. It's not just sitting there having candy and popcorn. It does work in the sentence and in the law.

USCIS isn't going to care that you're going to be 18 by the time you move here. They have to evaluate it as of the information they have at that moment, as of that time. If you don't have parental permission and you're seventeen, they'll look at the petition and deny it on the grounds that you're not free to marry.

I know it's not what you want to hear. I know it sucks. Most of us are going through similar juggling.

Here's some options:

1) Keep the wedding date of February 23rd. Come here as a tourist. Get married. Fly back to the UK. File for a K3 and enter the U.S. as a spouse. (Would mean you're separate for the first part of your marriage.)

2) Get your dad to sign permission for you to marry. You said he's angry now, but you have about four months or so to calm him down, convince him to sign, and file to have a good shot at your proposed 2/23 wedding date.

3) Get all the paperwork together now. File it November 3rd. Plan a wedding for next summer.

[ladykelia 0]

On thing no one has mentioned here is that the K-1 visa is good for six months.

I said this too.

But since she doesn't turn 18 for quite some time, and doesn't seem to have parental permission to marry, she'll either have to wait until november to file for the K1 and reschedule her january '08 wedding, or have the wedding in January and then file for the K3. Or else get her dad to sign a paper saying that he approves of her getting married.

I know, it sucks to be 17 :/

But if she goes either way, there are ways for her fiance and her to stay together? Correct me if I'm wrong... but, for example, I (the US citizen) am staying with my boyfriend in Canada on a student permit. There is nothing in the K1 instructions that I know about (don't know about the K3) that limit any of the travel oppurtunities for the US citizen. So maybe your fiance is interested in studying in the UK? I'm not sure about the other way around, with you coming to study in the US because you'd have to be careful about not commiting fraud, but there may be possibilities here too.

Sorry if the is gibberish.. just brainstorming some ideas so that everyone can come out happy.

Also, I don't mean to be condescending in any way, and this is sort of besides the point, but you should be really *sure* that you want to get married just yet, before you start all of this immigration stuff. I don't know anything about your history or relationship or personality or anything, and for some people it can definately work out. I just know that I can barely handle the thought of getting married now at 22, let alone at 17. Sorry if I'm being presumptuous, just trying to look out for someone I can relate with. I'll shut up now.

[Bride-to-Be 0]

well, to keep everyone updated, my fiance got through to the helpline today to ask about it, and the woman he spoke didn't know the answer, all she knew was the part about needing to be legally free to marry, although she said she didn't know how that would apply in our situation, she suggested using the INFOPASS link on the USCIS homepage to make an appointment to see an immigration officer about it. so thats what we're doing, going to make it for early march, since i'm going over at the end of febuary i'll be able to go with him down to albany and make a day trip out of it. hopefully we'll get an answer then, because i'm not going to be able to let it go just on opinions and guesses, and there really don't seem to be any guidlines defining how the legally free to marry thing would apply for this

[gwenneh 7]

*shrug* It's not opinon just because it's not what you want to hear.

But, believe what you like.