A BIG Concern.

[Luke and Deanna 0]

Hey everyone. I hope you all had a great Christmas and New Year.

I spent the holiday season with my girlfriend in Minnesota, USA. Was wonderful. Was there for 88 days in total, now she has come back with me to the UK until mid March.

I have an appointment at the US Embassy, London for a B2 tourist application as I am hoping to spend the summer in the US. I am a little concerned though after reading some websites about Minnesota Statutes. I am 23 and Deanna is 17. The age of consent in MN is 16 but, I came across this paragraph.

609.345 CRIMINAL SEXUAL CONDUCT IN THE FOURTH DEGREE.

Subdivision 1. Crime defined. A person who engages in sexual contact with another person

is guilty of criminal sexual conduct in the fourth degree if any of the following circumstances

exists:

f) the actor has a significant relationship to the complainant and the complainant was at

least 16 but under 18 years of age at the time of the sexual contact. Neither mistake as to the

complainant's age nor consent to the act by the complainant is a defense;

Does this apply to us, if so does that mean I can't tell the officer at the US Embassy that I am applying for the Visa to see my girlfriend?

I don't want to lie at this interview but I don't want to get into trouble because I was unaware of it.

Please help.

Thank you

Luke and Deanna.

Edited January 18, 2008 by Luke and Deanna

[mox 298]

I think the operative word here is "complainant." IANAL, but it sounds to me like she needs to file charges for this law to kick in.

[Dan J 277]

I think the operative word here is "complainant." IANAL, but it sounds to me like she needs to file charges for this law to kick in.

Since she is still a minor, her parents could too.

[mox 298]

Since she is still a minor, her parents could too.

Good point. To the OP, how's your relationship with her parents?

[Luke and Deanna 0]

Since she is still a minor, her parents could too.

Good point. To the OP, how's your relationship with her parents?

Oh, her parents are fine with me. They don't have any problems with us.

The only sentence that worries me is

'Neither mistake as to the

complainant's age nor CONSENT to the act by the complainant is a defense.'

I don't understand how she is at the age of consent, yet this is talking about between the ages of 16 - 18, and how her consent to it is not a defense.

[Luke and Deanna 0]

Does anyone else have a similar age gap. I know there are a few states with the age of consent set to 16.

[KGSodie 0]

I think the key word is 'relationship'. I think the intent may be to stop abuse by relatives (particularly if the age of consent is 16)

[pushbrk 12,898]

Hey everyone. I hope you all had a great Christmas and New Year.

I spent the holiday season with my girlfriend in Minnesota, USA. Was wonderful. Was there for 88 days in total, now she has come back with me to the UK until mid March.

I have an appointment at the US Embassy, London for a B2 tourist application as I am hoping to spend the summer in the US. I am a little concerned though after reading some websites about Minnesota Statutes. I am 23 and Deanna is 17. The age of consent in MN is 16 but, I came across this paragraph.

609.345 CRIMINAL SEXUAL CONDUCT IN THE FOURTH DEGREE.

Subdivision 1. Crime defined. A person who engages in sexual contact with another person

is guilty of criminal sexual conduct in the fourth degree if any of the following circumstances

exists:

f) the actor has a significant relationship to the complainant and the complainant was at

least 16 but under 18 years of age at the time of the sexual contact. Neither mistake as to the

complainant's age nor consent to the act by the complainant is a defense;

Does this apply to us, if so does that mean I can't tell the officer at the US Embassy that I am applying for the Visa to see my girlfriend?

I don't want to lie at this interview but I don't want to get into trouble because I was unaware of it.

Please help.

Thank you

Luke and Deanna.

Neither Dept. of State or USCIS, US Federal Agencies enforce the laws of the State of Minnesota. However, regardless of the age of your girlfriend, they may deny the visa based on concerns you intend to immigrate. In any event, the age of your girlfriend is none of their business as is any assumption your relationship includes sexual activity. The B2 is a tourist visa. Will you not also be touring the US? Will you not also be visiting some friends in the US. They don't need your full itinerary and list of companions. I wouldn't volunteer information about any girlfriend but you must also be truthful.

[Luke and Deanna 0]

I think the key word is 'relationship'. I think the intent may be to stop abuse by relatives (particularly if the age of consent is 16)

I found this on another website for the description of Significant relationship

"Significant Relationship: A situation in which the actor is:

the complainant's parent, stepparent or guardian;

any of the following by blood, marriage or adoption: brother, sister, stepbrother, stepsister, first cousin, aunt, uncle, niece, nephew, grandparent,

great-grandparent, great-uncle, great-aunt; or

an adult residing, intermittently or regularly, in the same dwelling as the complainant (except complainant's spouse.)

This term replaces the previous term of "intrafamilial relationship" which was more precise but which tended, especially in small communities, to raise a

presumption about the victim's identity."

Do I fit in anywhere there?

[Jesse and Hema 2]

Neither Dept. of State or USCIS, US Federal Agencies enforce the laws of the State of Minnesota. However, regardless of the age of your girlfriend, they may deny the visa based on concerns you intend to immigrate. In any event, the age of your girlfriend is none of their business as is any assumption your relationship includes sexual activity. The B2 is a tourist visa. Will you not also be touring the US? Will you not also be visiting some friends in the US. They don't need your full itinerary and list of companions. I wouldn't volunteer information about any girlfriend but you must also be truthful.

My opinion exactly. For a tourist visa, this will be no issue at all.

The legality of the relationship will come into play later when/if you apply for marriage-based immigration benefits of some kind (K-1/K-3/IR-1/CR-1). I'm not going to claim expertise on "age of consent" laws, but she might just be 18 by then anyway.

[Minya's wife 25]

Aren't these state statues that describe guilt if there are Sexual Misconduct accusations filed, and charges of such made against a person? This is not an issue that concerns a Tourist Visa.

[Luke and Deanna 0]

Hi guys. Thanks for all your responces. It has been a great help.

Cheers

[marryme 0]

your finacee can get emancipated from her parents and then it would mean she is an adult..

or you can get a letter of consent from her parents..

[pushbrk 12,898]

your finacee can get emancipated from her parents and then it would mean she is an adult..

or you can get a letter of consent from her parents..

A letter of consent for sexual activity?

She's a girlfriend, not a fiancee and its a tourist visa not a K1.