Need Some Advice For My Fiancee and I She is 17

[Dakine 26]

One thing that may pop up is her relatives having introduced you. I've "heard" USCIS takes a closer look at such cases.

Why would USCIS do that? To be introduced by relatives is the preferred culturally acceptable way for courtships to begin in the Philippines.

Sure is the preferable way [that's how I met my wife]. At the same time relatives have been known to pay US Citizens to bring in their relatives.

[jom 4]

You are right that the marriage will take place in the USA and here a person aged 17 has the legal capacity to marry. I do have doubts because when you will file the I-129, it is required that both of you must have the legal capacity to get married.We are not talking about the act of getting married here but the time that you will be filing your petition she will still be under Philippine jurisdiction and if you think about it, at the time of filing she has no legal capacity to get married considering that she is still a minor. Or maybe I could be wrong.

If you can't wait , file and see what happens. If you are not in a rush then why not wait until she is 18 before filing the petition? In my opinion , a 17 year old "girl" is not mature enough to handle the marital responsibilitites and obligations, let alone that she will be in a foreign country. Although she has relatives here, she will be living with you, not with them and that alone is a very big adjustment. But maybe I am wrong since every person is different and she will do just fine.I was 38 years old when I arrived here and it was a big adjustment for me even if I have been outside the Philippines many times before I married my USC husband.

Either way, I wish you all the luck and hopefully everything will work out fine for you and your fiancee.

Myla

Edited July 30, 2008 by jom

[higantetingting 0]

my advise better you file when she was 18 so dont have a worry about everything and she really at legal age.. and you dont need to file again incase that you file now she was 17 then they didnt approve because she is 17 and you need to file again. thats only my advise but its up to you you try to file and let see......

i understand you want to be with your fiancee soon and faster but even if we want early they have a law that we need to follow and wait for there speedy process........ arrggg...

good luck

GOD BLESS YOU

always take care

tinting

Edited August 2, 2008 by higantetingting

[higantetingting 0]

still try and put a prayer thats the best GOD WITH US!

[ManilaIdaho 2]

If i"m the mother of the girl i will not give my consent because for me that age is still so young and emotionally speaking,i bet she's not ready yet for that plus the fact that she'll be in a foreign country, but then that's me.I can just agree with the other members who suggested to wait till she's 18.

And whatever you think is your best option,I wish you good luck and may the journey be smooth and easy.

[N360 0]

I think Myla is correct here. If you think hard about it, K1 is a "fiance" visa. Which means both parties must be of legal age to get married. Right now in the Philippines, she's not yet legal. Even in the US, 18 is the legal age to get married without parental consent in all but a few states.

I know that you werent asking for advices but I think people here have been giving you some good ones.

IF I were in your situation, since as you said, the beneficiary will not leave until she's 18 anyway, I'd wait until she's 18 to file the papers. A K1 visa only takes about 6 months (give or take) for the whole thing. I've seen some get approved in 3 months.

But then again thinking back in my own's past... When I was 18, I did not listen to anyone.

So all I can say is good luck in all your decisions.

[David-and-Mae 15]

Ok, just throwing in my two cents... Like what the majority have said, why not at least wait till she turns 18? It won't be that long. And while waiting, that would give the two of you more time to get to know each other more. If you want, you can start preparing the paperwork and then when the right time comes, file it. Just a heads up, at CFO (which is part of the whole process), they might give her a hard time for being that young so be sure to have her parents' written consent. They are requiring that for applicants whose age is below 26 years old.

File it and see what happens. I hope you are both emotionally prepared for how long and difficult this journey can be and then the grueling adjustment process that follows. At 18, I was no where close to being ready for something like this.

I wish you luck.

At 18, I was still fighting over cartoon network channel versus nickolodeon with my 7-year old sister.

[macutelit 0]

Ok, just throwing in my two cents... Like what the majority have said, why not at least wait till she turns 18? It won't be that long. And while waiting, that would give the two of you more time to get to know each other more. If you want, you can start preparing the paperwork and then when the right time comes, file it. Just a heads up, at CFO (which is part of the whole process), they might give her a hard time for being that young so be sure to have her parents' written consent. They are requiring that for applicants whose age is below 26 years old.

File it and see what happens. I hope you are both emotionally prepared for how long and difficult this journey can be and then the grueling adjustment process that follows. At 18, I was no where close to being ready for something like this.

I wish you luck.

At 18, I was still fighting over cartoon network channel versus nickolodeon with my 7-year old sister.

at 18 I was busy in cooking and school...

[Completely 3]

Hello all. I became engaged to my fiancee a couple of months ago. She is 17 right now, and will turn 18 in 6 months. She has done alot of work already towards getting her paperowrk done, including birth certs. and other IDs and the like, and has everything she needs for a passport. Her aunt, who introduced us, told her to go to DSWD and when she went there, they refused to give her a clearance, saying that the marryng age in the Philippines is 18. However, for one, she won't be married in the philippines, she would be married here, and the age of consent is 16. Second, she wouldn't be getting her visa and leaving the country till she was 18 anyway. However, she is working with an agency there that has an attorney and they say she has everything she needs for the passport and has taken the processing fee and has started processing it, and just needs her parents, who are consenting, to meet her there in cebu in a few days to complete everything. Anyone know if she will be able to get the passport alright?

Next question, anyone forsee any other hicups with the visa process for us with her being 17? Should I go ahead and submit the i-129f, I have everything done and ready to mail the package tomorrow. If there will be any major problems, our backup plan is to marry a few days after her birthday when she turns 18 if we can't even start the visa process until she is 18, but if we can at least start it and get the process moving so that she can come over soon after she is 18, that would be good too.

Given this, what do you all think is the best option for us to get her here in the US the fastest?

Thanks much!

Wait forher to be at least 18.. In this way you will get the chance to know her better..

Why rush?

[Gemmie 142]

I agree that it might be best to wait until she's 18 to start the process, just because of legal issues.

However, I won't judge based on age because I myself am only 21 right now and am going through the K1 process; I began thinking about it when I WAS 18/19. Yes it is hard, but no harder than anyone who is going through it. If you're responsible enough to decide on marriage, then you should be able to handle everything that comes with it, and I can.

Not everyone takes a long time to mature emotionally.

Good luck.

[envy_me 18]

You are right that the marriage will take place in the USA and here a person aged 17 has the legal capacity to marry. I do have doubts because when you will file the I-129, it is required that both of you must have the legal capacity to get married.We are not talking about the act of getting married here but the time that you will be filing your petition she will still be under Philippine jurisdiction and if you think about it, at the time of filing she has no legal capacity to get married considering that she is still a minor. Or maybe I could be wrong.

If you can't wait , file and see what happens. If you are not in a rush then why not wait until she is 18 before filing the petition? In my opinion , a 17 year old "girl" is not mature enough to handle the marital responsibilitites and obligations, let alone that she will be in a foreign country. Although she has relatives here, she will be living with you, not with them and that alone is a very big adjustment. But maybe I am wrong since every person is different and she will do just fine.I was 38 years old when I arrived here and it was a big adjustment for me even if I have been outside the Philippines many times before I married my USC husband.

Either way, I wish you all the luck and hopefully everything will work out fine for you and your fiancee.

Myla

File it and see what happens. I hope you are both emotionally prepared for how long and difficult this journey can be and then the grueling adjustment process that follows. At 18, I was no where close to being ready for something like this.

I wish you luck.

i agree!

at 18, i was still enjoying my college days then..

and i was scared of boys..

[crs 0]

Start the I 129f process and then when you are approved, if she is not 18 yet, wait the month or so until she turns 18 before gathering the rest of the documents that are necessary for the interview.

[chris4gretchen 1]

Can you file while she is 17 ?...yes

can you get approval in USA and Manila for the K1 with her being 17? .... Yes

Can you get her visa stamped in her passport?... yes

Can you get the stamp from the CFO for her to leave the country with her being 17...Not likely

you will need to plan on having her mom and dad also go to manila and attend the CFO with her. They are not going to give her that stamp without a fight over her age being under 21 and at 18 years of age they will require her parents to be there. My wife was 21 when she went thru the CFO seminar and they were Nazis to her. We almost didnt get the stamp. Good luck under 21 much less under 18.

just my 2 cents

Chris

[Old Dominion 26]

Well, all I can say is you're at the right place (VJ) to find plenty of info on K-1 visas. I'd recommend you start reading everything you can, starting with the Guides (see top menu).

Thanks much. This site truly is a pool of knowledge. Between it and my uncle and another friend, who both have been through the process, I have my i-129f ready to file. I just hope that maybe someone on here has had experience with a fiancee who was 17 when starting the visa process, and turned 18 at the end or in the middle of the process. However, as you suggested, I may have to talk to an attorney in the Phi. to find out our best options with the issue of her being only 17 at this point in time, with regards to getting the process started and making some progress over the next few months.

It is going to take USCIS a minimum of three months to act on your petition. In my opinion, she should be of marrying age at or before the time they act. Your case would be strengthened if you were to include a legally notarized letter from her parents stating that they fully approve of your plans. The USCIS simply determines that she is, or is not, eligible to apply for a K-1 visa. After they approve your petition, the next step is up to the U.S. Dept. of State thru the Embassy in Manila. Expect another three-month delay (at least) before she is interviewed. If she is still not 18 by that time, in my opinion the U.S. will deny the visa because of age, even if her parents approve.

Many Filipino families are eager for their daughters to marry in a more prosperous country, as soon as possible, simply because they will expect to receive financial aid from their daughter. That is what the U.S. is on the lookout for...marriages urged by families which need some reliable income. It is true in other developing nations, as well...

[Pinay Wife 47]

I just hope that maybe someone on here has had experience with a fiancee who was 17 when starting the visa process, and turned 18 at the end or in the middle of the process. However, as you suggested, I may have to talk to an attorney in the Phi. to find out our best options with the issue of her being only 17 at this point in time, with regards to getting the process started and making some progress over the next few months.

Two years ago, there was a VJ member who petitioned a 17-year old Filipina. She was issued a K1 visa by the US Embassy but our CFO (Commission on Filipinos Overseas) refused to issue his fiancee the stamp even if she had parental consent so she was not able to leave the country.

Philippine law states that parental consent given to a minor less than 18 years of age is null and void (Art. 35, Chapter 3 of the Family Code of the Philippines x x x “The following marriage shall be void from the beginning: (1) those contracted by any party below eighteen years of age even with the consent of parents or guardians".

Eventually, the girl was allowed to leave after she turned 18.

To answer your question, yes, the visa process may be jumpstarted but she would have to wait until she is 18 before the Philippine government allows her to leave the country for purposes of marriage.