When should my fiance send in the petition?

[spacetimestrand 1]

Hello! I'm currently 17, and my fiance is waiting for me to turn 18 to send in the petition. My birthday's on the 23rd of December, however, we both want to be with each other as soon as possible. Do you think he should send it in on my birthday itself or is it possible to send it on the 22nd, hoping that it reaches by/after the 23rd?

[T_P 872]

5 minutes ago, spacetimestrand said:

Hello! I'm currently 17, and my fiance is waiting for me to turn 18 to send in the petition. My birthday's on the 23rd of December, however, we both want to be with each other as soon as possible. Do you think he should send it in on my birthday itself or is it possible to send it on the 22nd, hoping that it reaches by/after the 23rd?

My friend a day or two wont really make a different in the all process.....Processing times in USCIS is crazy and unpredictable. My advice for your is, make sure you have everything you need, double check, check again and avoid any issues with your petition. Then send it on the 23.

 

Good luck

[Jeanne Adil 1,651]

since it is now after 2017 are you talking about 2018 december?

before you do anything check the USCIS or this site to see if you meet all citeria

Have you met in person?

Can you support and meet the financial issues / you need to make 100% for K1 and when you AOS after marriage you need 125 % of poverty guideline amount (for 2017 that was $20400 for 2 people)

also check all the fees

application for K1

application for visa processing

AOS fee

medical exam for beneficary

the travel to meet 

this is not a cheap process / the estimated cost i now see online is about $5000 

and truth is the visa can be denied after all the work you have done

[spacetimestrand 1]

Just now, adil-rafa said:

since it is now after 2017 are you talking about 2018 december?

before you do anything check the USCIS or this site to see if you meet all citeria

Have you met in person?

Can you support and meet the financial issues / you need to make 100% for K1 and when you AOS after marriage you need 125 % of poverty guideline amount (for 2017 that was $20400 for 2 people)

also check all the fees

application for K1

application for visa processing

AOS fee

medical exam for beneficary

the travel to meet 

this is not a cheap process / the estimated cost i now see online is about $5000 

and truth is the visa can be denied after all the work you have done

Yep 2018 december. 

We met in person in November '17, planning another trip in July '18

And yes, my fiance is a truck driver who earns about $1000 per week

As for the filing fee i'm sure its $535, and I guess we need to wait for the second edition of the I-129F form because the current version live on the USCIS website is expiring in August. 

We know the risks involved with this, we've discussed finances (and still are)

[Boiler 46,322]

Ohhh dear

[Jeanne Adil 1,651]

so he is the USC / he can apply anytime as it is taking about a year now to process

do a favor when  he does apply and make a timeline here

and that will help VJ members best answer you

it is good you will meet again as you need to meet within 2 years of interview and the 2 visits are great

 

$265 embassy fee for visa

$1140 to AOS

$85 biometrics

plus the travel 

the medical exam

the wedding itself

[Paul & Mallory 1,398]

35 minutes ago, spacetimestrand said:

Yep 2018 december. 

We met in person in November '17, planning another trip in July '18

And yes, my fiance is a truck driver who earns about $1000 per week

As for the filing fee i'm sure its $535, and I guess we need to wait for the second edition of the I-129F form because the current version live on the USCIS website is expiring in August. 

We know the risks involved with this, we've discussed finances (and still are)

If you file the current I-129 before the quoted expiration date (they usually accept the previous form after an update up to a certain date; at least they did this year when it changed in April). But I wouldn't rush just for that reason - waiting until August is fine, too.

 

Also - I know they prefer we stick to the questions at hand, but the mama bear in me has its ears perked up a little bit. Did you just meet in November, or have you known one another much longer and just met in person in November? Realistically speaking (opposed to emotionally); my understanding is the length of time you have known one another and whether or not you have met in person/how many times you've met in person within the last 2 years can play a factor in the application decision. Getting another visit under your belt could help things very much. As others have already said, this process is very expensive and you get none of your money back if you are denied for any reason. Keep that in mind.

[spacetimestrand 1]

2 minutes ago, Paul & Mallory said:

If you file the current I-129 before the quoted expiration date (they usually accept the previous form after an update up to a certain date; at least they did this year when it changed in April). But I wouldn't rush just for that reason - waiting until August is fine, too.

 

Also - I know they prefer we stick to the questions at hand, but the mama bear in me has its ears perked up a little bit. Did you just meet in November, or have you known one another much longer and just met in person in November? Realistically speaking (opposed to emotionally); my understanding is the length of time you have known one another and whether or not you have met in person/how many times you've met in person within the last 2 years can play a factor in the application decision. Getting another visit under your belt could help things very much. As others have already said, this process is very expensive and you get none of your money back if you are denied for any reason. Keep that in mind.

We met online in August '16, and finally in person in November '17. I can get the concerns because of how young I am, putting me in a very 'vulnerable' end of this but I can assure you it's out of good intentions. We are both just very intellectually and emotionally compatible, some details of our lives match up to the point where it's kind of scary since we're so far away. Many Skype records, and et cetera. We specifically planned a second trip for this sole reason, and I think it's sweet of my partner specifically to wait for me to be legal rather than do this in a sketchy manner . Hopefully it all pans out

[Crazy Cat 42,640]

4 minutes ago, spacetimestrand said:

I think it's sweet of my partner specifically to wait for me to be legal rather than do this in a sketchy manner .

Sweet? He has no choice, but to wait for you to be legal.  Believe me, immigration to the US is very serious, and if one tries to be "sketchy", it can result in severe penalties. 

[Perfect two 💑 1,147]

just want to know, is there any requirement stated that beneficiary should be at age 18 when they submitted the petition? 

[Paul & Mallory 1,398]

6 minutes ago, spacetimestrand said:

We met online in August '16, and finally in person in November '17. I can get the concerns because of how young I am, putting me in a very 'vulnerable' end of this but I can assure you it's out of good intentions. We are both just very intellectually and emotionally compatible, some details of our lives match up to the point where it's kind of scary since we're so far away. Many Skype records, and et cetera. We specifically planned a second trip for this sole reason, and I think it's sweet of my partner specifically to wait for me to be legal rather than do this in a sketchy manner . Hopefully it all pans out

As strongly and confidently as the two of you may feel about it, just keep in mind that the people who review your application will not know either of your character, and won't take that as sole evidence anyhow. They may also judge based on your age, and if there is a significant age difference. You haven't said your fiancé's age, but you did say he is currently a truck driver, so I'll assume he isn't also 17. Given your age, I would recommend incorporating family support if you are serious about this. On both sides (yours and his). I've read about people having parents, etc., writing "letters of approval", so to speak, putting in writing that they approve of the relationship and the marriage and any other supporting feedback. Kind of like a character witness in a court of law.

 

As for waiting until you are legal - I can understand your view on this, but it isn't out of being sweet. It's required. I can't recall if there are any age restrictions in applying for the I-129 (for beneficiary or petitioner); however, whether there is a rule in writing anywhere about being of certain age, I imagine USCIS could very well deny you based just on the fact that you are under the age of 18 if they wanted to.

[Perfect two 💑 1,147]

1 minute ago, Paul & Mallory said:

As for waiting until you are legal - I can understand your view on this, but it isn't out of being sweet. It's required. I can't recall if there are any age restrictions in applying for the I-129 (for beneficiary or petitioner); however, whether there is a rule in writing anywhere about being of certain age, I imagine USCIS could very well deny you based just on the fact that you are under the age of 18 if they wanted to.

 

I think the rules are:
1) The petitioner must be at least 18 years old
2) Both of them should be at legal age during their wedding day. 

[Paul & Mallory 1,398]

1 minute ago, Perfect two 💑 said:

I think the rules are:
1) The petitioner must be at least 18 years old
2) Both of them should be at legal age during their wedding day. 

I figured the petitioner had to be, since they are expected to claim full support of the beneficiary by bringing them here. Also have to have the financial support.

 

In some states (I say some, because I'm honestly not abreast of all laws in every state), you have to be over 18 to get legally married anyhow.

[Perfect two 💑 1,147]

1 minute ago, Paul & Mallory said:

I figured the petitioner had to be, since they are expected to claim full support of the beneficiary by bringing them here. Also have to have the financial support.

 

In some states (I say some, because I'm honestly not abreast of all laws in every state), you have to be over 18 to get legally married anyhow.

Yes, agreed on some States to legally married should be at least 18

In addition, some countries do have age restriction where they need to provide permission (from parents or guardian - I guess). But, it is not K-1 visa requirement

[Paul & Mallory 1,398]

Just now, Perfect two 💑 said:

Yes, agreed on some States to legally married should be at least 18

In addition, some countries do have age restriction where they need to provide permission (from parents or guardian - I guess). But, it is not K-1 visa requirement

I didn't think it was; I didn't recall coming across any age requirements when filling ours out. I'm not sure if they could make a denial/approval decision based on that fact, though. Of course, for the sake of being candid; at the rate it's taking them to even review applications (6 to 7 months average), she may be 18 by the time they'd even look at their application, if they were to file now.