LEFT HAND NOT KNOWING WHAT THE RIGHT HAND IS DOING?

[photoguy 0]

Hi,

My fiance arrived on 1/26/2006 on I-129F and she's only 17 and a half years old. When we went to the county registrars office here in Los Angeles to apply for a marriage license and get married. Now, they're giving us a hard time by asking for a court permission to get married.

They handed us a package with requirements that we have to satisfy before getting an appointment with the court. Some of these includes asking for a signed and notarized affidavit from each of her parents giving her the permission to marry as well as asking them to be present at the court.

Obviously, it's imossible for their parents to be present since they don't have any relatives here, and even if they did, it would take them months to get here!!! I told this to the lady at the registrars office, but they don't have a clue what I'm talking about!!! I called the court and to see if the would waive the requirements for her parents to be present due to the above mentioned reason and someone there said yes it's OK.

Also, I sent the blank affidavits to her parents to have them complete and notarized, but their notary will not notarize these because they're in English. Will we be able to gain court permission without having these forms?

Her parents have already written and signed a statement saying that they do give their permission for her to marry me, and it's translated in English. Will this be sufficient?

Why was her fiance visa granted by the US embassy if they knew it might be impossible for her to get married here? What is this bunch of bullshit? What does it take for two people from different corners of the world to be happy in this "civilized society" of ours?

Has anyone had to or is going through this? If so, please give me your input.

Thanks a mil!

[Kez/JWolf 6]

Did you not think to check what the law was for getting married in your state.....

Dont know if the court will accpet the letters you have.... you may have to wait until she is no longer a minor....

Good Luck

Kezzie

[dmartmar 1]

Immigration Law and Family Law are two wholly and very different fields.

[raymaga 25]

I was not aware of the fact that anyone over 16 needed parental consent to get married. I would return to the county registrars office with the papers that you have and see what they say.

If you will be unable to obtain a marriage licence, do you know what the age is in California to be able to marry without parental consent? Even if the age were 18, you mention that your fiance is only 17 1/2, so in 6 months time, it would be past the 90 days required to get married on the K-1 Visa.

I suppose you probably should have looked into the legal age to marry in California before you applied for the K-1 Visa and held off until your fiance was going to be that legal age.

Good luck to you both.

[kc456 0]

It's hard to say what the court would accept or what they would not. You may want to consult with a knowledgeable person.

In the United States, all but two states require a couple be age 18 in order to marry without parental consent. Nebraska sets the age at 19 and Mississippi at 21 at the time of this writing (May 2003). More here: http://www.coolnurse.com/marriage_laws.htm

Edited February 19, 2006 by kc456

[scy 0]

Here is an overview of California's marriage laws.

http://www.sfgov.org/site/countyclerk_page.asp?id=5565

If one spouse is under 18, she needs written consent from at least one parent or guardian and permission to marry from a juvenile court judge.

You are in a tough bind. Most US states require parental/guardian consent for a spouse under 18. Georgia allows marriage without parental consent if the spouse is pregnant.

It's best to obtain consent from both parents. And if you can't get a notary to sign off, try using the one at the US embassy. Those notaries will surely notarize english documents.

[photoguy 0]

The legal age to get married in her country is 17, and we had a traditional wedding party there. However, I didn't bother to get married there because it's a daunting beaurocratic process and would take time which I could not afford.

I was thinking, would my wedding photos help? I've got a ton of 'em!

And will a physicians certificate veryfing pregnancy work without the parental consent?

[scy 0]

I'm not a lawyer but here are your choices:

1. Get parental consent and get married in California.

2. Get pregnant and with that proof get married in a state that allows marriage for minors who are pregnant. Georgia comes to mind, but you should ask Georgia about its laws.

3. Go back to Armenia and get married there and file for K-3/CR-1. Your wife will have to stay in Armenia to wait for a new visa.

4. Wait until she is 18 years old then get married in California. She will accumulate overstay and is technically in the US illegally. File for AOS based on her marriage to a US citizen. Most likely the overstay will be forgiven at the interview but you should consult a lawyer.

Your wedding photos mean nothing since it wasn't a legally binding ceremony. Out of all those options, number 1 will cost the least amount of money and time.

Good luck.

[kiwi5050 0]

when i was abroad and applying for the k1, the only place i could get something notarized in english was the US embassy/consulate. her parents could probably get it notarized there. your profile says that your fiancee is from armenia. if that's where here parents live, look at this link for notary services at that consulate: http://www.usa.am/consular.html#ns

(even if a non-consulate foreign notary would notarize it in english, it is likely that the US gov wouldn't accept it. that's what i was told anyway.)

good luck!

[sean2000 0]

I am not being funny here, but if you are having difficulty getting married in CA, maybe try Las Vegas... I am pretty sure laws are much more laxed over there.

[kc456 0]

Sorry, it's 18 and above only, no matter how loose the morals. :-)

Applicants must be a Male and a Female, at least 18 years of age, and not nearer of kin than second cousins or cousins of half blood, and not having a husband or wife living.

http://www.co.clark.nv.us/clerk/marriage_information.htm

[sean2000 0]

Looks like it is just like what others have posted. Take a look at the list below:

This is off of http://usmarriagelaws.com/html/las_vegas.shtml

Marriage Laws » United States » Nevada » Marriage in Las Vegas

The Marriage license bureau is at 200 South 3rd St.,

1st floor, Las Vegas, NV 89155-1601

Phone: 702-455-4415, FAX: 702-455-4929.

Hours of operation are Monday through Sunday,

8 AM to Midnight. Holidays open 24 hours.

Note: There is now also a Marriage License Bureau in Laughlin, NV. and Mesquite NV.

101 Civic Way #2

Laughlin, NV

(702) 298-4622

500 Hillside Drive

Mesquite, NV

(702) 346-5262

Requirements are the same for US citizens and non citizens, but non citizens should check with their countries to see if they require more. Also see Apostille

Marriage is only between male and female.

The following may be used for identification: Drivers license or State-issued ID Card, Original or Certified copy of Birth Certificate, Passport, military identification or resident alien card.

All foreign language documents, must be translated into English.

Have enough money on you to cover the $35.00 - $42.00 (depends on County) fee.

Minors (not yet 18) must have consent of one parent who shows on the birth certificate and is present when getting this license.

Divorced applicants are required to know month, day, year and state of the divorce.

A marriage ceremony must be performed in the state of Nevada within one year of the date of issue by a person licensed to perform such a service.

It clearly states that minors must have the consent of one parent and that parent must be present.

[kaydee457 13]

Let me see if I have this story straight. You now require parental consent to be married?

Did you not have to provide this same kind of proof when you submitted your I-129F?

Doesn't the instructions state that if either of you are of an age that requires parental consent that you need to supply such proof? If so, what did you do with that documentation?

[desert_fox 32]

Its hard to believe that she was given a K1 without this issue being addressed.