What is age limit for US citizen to File K1 or K2 for his or her Fiance in India

[calijatt 0]

Hello everyone,

Can someone please tell me what is age limit for Female spouse who is US citizen to file petition for her Fiance. She is 17 year old will be 18 next march 2008. Can she file Fiance visa. and which one it will be K1 or K2? What is the difference between K1 and K2 which one is better and faster to bring your spouse who is non US citizen.

Thanks folks

for all your help

[msu17 0]

Not sure on the age thing, BUT K1 is for fiance and K2 is for a child of that fiance. So you would only file K2 if the beneficiary has a child and that would piggyback the K1. If you want to be married first, then you file for K3 or CR1. They tend to take a bit longer than the fiance visa, however you MUST marry in the US under the K1.

Edited June 2, 2007 by msu17

[Bobbie 1]

I think I am understanding you to say, you are NOT the USC and your fiance is. And, she is 17 years old until next March. I believe she MUST be 18 to file a fiance visa.

[Dan J 277]

K-1 is fiancee visa, K-2 is a visa for children of the fiancee.

Age is going to be an issue. But more due to being able to provide support rather than able to get married. I would suggest that she waits until she is at least 18 to file.

Generally you have to be free and legal to marry to file for a K-1. You can can get married in some places here in the US at 17, but generally most states require parental permission. At 18 most states allow for marriage without any conditions.

She is going to have to prove that she can support her fiancee. She can use a co-soponsor if needed.

Personally I dont think its a great idea to get married at 18, but each person makes thier own choices. If she waits until she is 18 to file, she will probably have an easier time getting through the process.

[akim oda 0]

calijatt's timeline says they are already married and sent in the I-130.

[nyseness 0]

I would say 18.

[calijatt 0]

calijatt's timeline says they are already married and sent in the I-130.

sorry its not for me Sorry for missunderstanding. I was asking for my cousin she is 17 her fiance lives in india. They are not married yet she wants to bring him here. So i guess she has to be 18 before she can even apply. She cant marry him neither in india nor here. My Question was simple. How old she has to be in state of california to bring her indian fiance to US. She is US Citizen. Almost done with her high school. She is not working. But she has good finicial support from her uncle and aunty. will that help in anyway?

[nyseness 0]

calijatt's timeline says they are already married and sent in the I-130.

sorry its not for me Sorry for missunderstanding. I was asking for my cousin she is 17 her fiance lives in india. They are not married yet she wants to bring him here. So i guess she has to be 18 before she can even apply. She cant marry him neither in india nor here. My Question was simple. How old she has to be in state of california to bring her indian fiance to US. She is US Citizen. Almost done with her high school. She is not working. But she has good finicial support from her uncle and aunty. will that help in anyway?

Yes as long as she has a co-sponsor WILLING to complete the Affidavit of Support.

[JVKn'CVO 11]

mmm good question!

At the end of the fiance visa application the USC has to sign a declaration stating "I am legally able to and intend to marry my fiance(e)...."

so as long as she can legally marry him, and they can comply with the affidavit of support requierements -and all the other ussual requierements like having met within the last 2 years and so-...I think they should be fine. I don't know about the legal age to get married where she lives, she should look into that. It also says that if any of the two is of an age that requieres special consent or permission for them to marry, then they have to submit proof of that consent.

(Do her parents agree with the engagement?)

Saludos!,

Caro

[pushbrk 12,569]

calijatt's timeline says they are already married and sent in the I-130.

sorry its not for me Sorry for missunderstanding. I was asking for my cousin she is 17 her fiance lives in india. They are not married yet she wants to bring him here. So i guess she has to be 18 before she can even apply. She cant marry him neither in india nor here. My Question was simple. How old she has to be in state of california to bring her indian fiance to US. She is US Citizen. Almost done with her high school. She is not working. But she has good finicial support from her uncle and aunty. will that help in anyway?

Assuming your cousin has met he fiance in person in the last two years and has a co-sponsor with sufficient income, she can file an I-129F when she is legally able to marry. If that is 18 in California, she cannot file the petition until she is 18. It's the same logic as having any divorces final before filing.

While the above is technically true and I abhore making value judgments regarding others, the Consulates tend to take a number of issues into serious consideration, so be prepared to give extra evidence of a bonafide relationship and family involvement in your decision to marry.

Edited June 2, 2007 by pushbrk

[KarenCee 3]

Doesn't the age requirement vary state to state? If she is under 18 and wants to marry, I believe some states require parental permission to be submitted along with the I-129f. Just wondering.

[Dan J 277]

Doesn't the age requirement vary state to state? If she is under 18 and wants to marry, I believe some states require parental permission to be submitted along with the I-129f. Just wondering.

Yes it does, she could file in some states at 16 with parents permission, but generally once you are 18 you are pretty much free to marry without anyones permission.

[KarenCee 3]

Then I guess this young lady needs to check what the requirements of her state are regarding marriage.

[pushbrk 12,569]

Then I guess this young lady needs to check what the requirements of her state are regarding marriage.

I checked. It's 18. However, I'm going to amend my earlier answer. As I read the I-129F instructions, the couple must both be of marriageable age, not in the jurisdiction where the petitioner lives, but where the marriage is planned....OR....have proof of any required parental consent.

So, with parental permission, (or a statement that the marriage is planned for a location where she is old enough to consent) it appears she can file without delay.

[calijatt 0]

THANKS LOT GUYS AND GIRLS GREAT INFORMATION