I just married my 16 year girle friend and we agreed to file a green card application in OH.. Can we do that ?
There is no minimum age requirement for a U.S. Citizen to file an I-130 Petition for his/her spouse.
However, in order for you, as the intending immigrant, to file an I-485 Application for permanent residence (green card), your wife needs to file an I-864 Affidavit of Support, as part of your green-card application. In order to file an I-864, your wife must be age 18 or older. This is in the instructions for the I-864.
Additionally, before filing anything, or making any decisions about your immigration situation, you should meet with an immigration attorney about your case. There might be other issues in your particular situation that could cause problems for you. Good luck.
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I concur with my colleagues. Your fiancée as long as it is legal to marry may file the petition for you. However, as a part of the process an affidavit of support is required and she must be 18 years of age at or before the time of the visa issuance or adjustment of status depended upon which processing option you are utilizing.
So long as the marriage is valid under the State law, there is no bar to filing for status. That said and with the unique circumstances, you should strongly consider retaining a lawyer to represent you both.
I agree with my colleagues. Get an attorney. The attorney may be able to identify other options for you to get a green card without waiting until your wife turns 18.
You should always consult with an experienced immigration attorney to make certain that the advice you received is appropriate for your particular immigration case.