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I130 Immigration Affidavit of Support Requirements UNDER 18 10 POINTS!?

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!

3 Answers

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  • 7 years ago
    Favorite Answer

    he won't be able to file an acceptable I-864 until he is 18, with or without a joint sponsor.

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  • 7 years ago

    Your 16 y.o. brother cannot sponsor a wife. He must be over 18, and earn enough to support himself + all existing dependents, plus the person he sponsors - and have a home for everyone. If his earnings are insufficient to support his spouse once he is over 18, then he might get a cosponsor, however, this is not always acceptable (e.g. no cosponsorship for Philippines spouse). It's not always possible, either, as cosponsorship is an extremely onerous legal & financial obligation, and few will undertake such heavy burdens. Cosponsor would have to earn enough to support him/herself, spouse, all dependents, plus petitioner's spouse.

    Even after he turns 18, it is unlikely he will earn enough to support just himself + his spouse (currently minimum earnings of $19,387 - it will go up by the time he's 18). Real unemployment rate in the US is 23.4%, and for ages 16-24, unemployment rate now exceeds 53%.

    US culture, customs, and laws discourage childhood marriages, and arranged marriages are illegal. Perhaps he should immigrate to his wife's country of citizenship. Or is he a dual national, with citizenship in his wife's country of citizenship? If he wants to be with his wife, he can go there. He's not bringing her to US for years. He might as well go there. Perhaps the uneducated can work there as there are few jobs, and very little pay, for those with less than university degree in the US. Even those with a university degree have a hard time finding any work these days.

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  • HJW
    Lv 7
    7 years ago

    He must be 18 when filing, no ways around the age limit. But also make around $19.000 a year.

    The spouse must also be 18.

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