Question on the age from yesterday

[keith88gt 0]

Hi,

My fiancee is 17 and will be 18 in March,she has a signed affidavit of consent to come to the US and marry me from her father.My petition was approved here in July.So i am wondering if it was approved by the USCIS then does that mean her age is not a factor? or if it was would it not have been approved by the USCIS right?In my state if the person wanting to get married and is under 18 they only need parental consent and then they can legally marry,which my fiancee has.I am wondering if at the interview will it be a problem?..she will have the signed affidavit of parental consent with her then..any ideas or do you think it will be fine?

Thanks Guys for your input,

Keith& Irish Forever

[mj1987 0]

You have a problem. She needs to be free to marry in the philippines and in the usa. A marriage to someone in the philippines under the age of 18 is void even with the consent of the parents. So even if you somehow could marry in the usa the philippines will not recognize the marriage as valid.

But this is all moot because the manila embassy will not approve the petition until she is 18.

[Tim&Poonam 0]

I would have her check with the embassy before going to the interview, her parent or parents may need to go with her and sign consent in front of them. You may want to check also with your local state, county, or city to see what their requirments are.Her parents may need to be present and sign consent in front of them to be assured they really gave their consent.

[keith88gt 0]

I would have her check with the embassy before going to the interview, her parent or parents may need to go with her and sign consent in front of them. You may want to check also with your local state, county, or city to see what their requirments are.Her parents may need to be present and sign consent in front of them to be assured they really gave their consent.

Hi,

the affidavit was signed and notorized by a judge in Somboan,I also have done this through a laywer who told me that was all she needed was a signed and notorized consent from her parents.Please dont cause me anymore anxiety..this process is tough enough already.Who should i contact at the embassy to ask this question?..wow im really concerened now after all this time to have it denied..but she might be 18 before the 90 days are up if she is approved to come here to marry.

I dont know what to think now...damn it..i miss and love her so much and each day apart is very hard.

Thanks again,

Keith & Irish Forever

[mj1987 0]

Im sorry your worried but as I say the embassy will not approve you until she turns 18 because she is not free to marry. They are likely to send the petition back to the USCIC without even scheduling an interview.

I have dealt with the manila embassy with a 17 year old fiance and it was not a pleasant experience. They will not approve the petition until she turns 18.....thats the end of the story...sorry.

Additionally, even should you decide to marry there and try to get your certificate of legal capacity to marry ahead of time the manila embassy will not issue it because she is 17 and not not free to marry...

I've done this and tried this in manila within the last year so I am confident things have not changed..

[keith88gt 0]

Im sorry your worried but as I say the embassy will not approve you until she turns 18 because she is not free to marry. They are likely to send the petition back to the USCIC without even scheduling an interview.

I have dealt with the manila embassy with a 17 year old fiance and it was not a pleasant experience. They will not approve the petition until she turns 18.....thats the end of the story...sorry.

Additionally, even should you decide to marry there and try to get your certificate of legal capacity to marry ahead of time the manila embassy will not issue it because she is 17 and not not free to marry...

I've done this and tried this in manila within the last year so I am confident things have not changed..

The question is not if she is free to marry in the philippines..it is,is she free to marry here in the USA..and acorrding to USA laws of my state she is free to marry here as long as she has parental consent..so with that said it is a K-1 visa not a K-3.

[mj1987 0]

I can only tell you my experience if you chose to repeat my mistakes ...good luck

[mj1987 0]

I also want to add this.

Are you aware she will have to go to the CFO seminar before she can leave the country and get a passport? additionally she need a stamp to actually get on the plane. She is not going to get that...until she is 18.

You may think the question is marrying in the us, but the embassay and the philippine government do not. The fact is she is not free to marry anywhere until she is 18. The embassy wont give you the visa and the philippine government wont let her out of the country...

Tell me, suppose she could get married here...how would she get her Philippine passport changed to her married name if the government of the philippines says the marriage is void. Remember marriage to a philipino under the age of 18 even with parental consent is void.

This is just one example of the can of worms trying to do this opens up. I'm not trying to rain on your parade but its not going to happen til she turns 18.

[damulag 26]

From the department of state.

THE MARRIAGE APPLICATION PROCESS:

Once the person has the affidavit, he/she can file the application for a marriage license at the office of the local Philippine Civil Registrar of the town or city where one of the parties is a resident. The U.S. citizen applicant will need to present the affidavit, death certificate or divorce decree as mentioned above, U.S. passport, and documentation regarding parental consent or advice if applicable. Marriage applicants who are age 18 to 21 must have parental consent in writing, those age 21 to 25 must have written parental advice (a written indication that the parents are aware of the couple's intent to marry). The revised Family Code of the Philippines, which took effect on August 4, 1988, prohibits marriage for individuals below the age of 18.

As you see she is not free to marry until she reaches the age of 18

[zardox 0]

I might be facing a similar issue as I am interested in someone that is now 17, though I have not progressed the relationship to the point of asking her to marry me until I understand the legal aspects of this possible relationship. Note that I have met her in person once with her mother present to chaperone.

I understand that she is NOT free to marry until she reaches the age of 18. However, my question is this. Let us say that I submit a fiance visa for her while she is 17. It sounds as if that is OK. It seems to me that the process is long enough in waiting that she will turn 18 just before the visa could be approved (considering it may be 6 to 8 months approval time).

It is Ok with me that the embassy won't interview till she is 18. HOWEVER, my question is the ramifications of having a 17 year old fiance? Will this be subject to legal problems since the embassy may suspect we have had some intimate involvement, NOT that there is anything going on BUT might they assume perhaps that we must be rather close if we have decided to marry and thus find the relationship suspicious and accuse me of impropriety toward a minor. I mean we have already decided to wait till marriage (in the USA) when she is 18 already before consummating our relationship, but the embassy doesn't know that. By the way, the girl has stated that she is currently NOT a virgin and it has nothing to do with me, but my point is that a medical exam cannot be used to prove it was not me.

I am in particular concerned about accusations made that there was a violation of the recent Trafficking and Sex Tourism laws which prohibits sex with anyone under 18. AGAIN I AM NOT HAVING SEXUAL RELATIONS, I am only concerned of the accusation that could potentially be made and the difficulty of proving otherwise.

Please help clarify.

[SirLancelot 1]

You people are pretty sick! I'm not going to be PC about this.

Of all the women to marry abroad, you have to find minors to marry? That's sick!

The IMBRA is a stupid law in many regards, but what it failed to include was a section on the strict restriction of any K-1 petitions for a minor (under 18).

There should absolutely be a stipulation which would require the beneficiary of a K-1 visa to be 18 at the time of application by the petitioner. Frankly I'd support an age requirement of 21 but that wouldn't stand on appeal of the law, as 18 year olds are considered legal and an adult free to marry. But certainly for under 18 beneficiaries, they should not even allow petitioners to file the K-1.

No politically correct BS from me. I hope all your petitions are DENIED!

[zardox 0]

I was discussing the possibility of submitting a K-3. The K-1 would not be possible as one cannot marry till the age of 18 in the Philippines.

[Pinay Wife 47]

So i am wondering if it was approved by the USCIS then does that mean her age is not a factor? or if it was would it not have been approved by the USCIS right?In my state if the person wanting to get married and is under 18 they only need parental consent and then they can legally marry,which my fiancee has.

As far as US laws and USCIS regulations are concerned yes, your fiancee may be eligible to marry at 17. But you and Irish will also deal with the Manila embassy who will make sure that you are compliant with both US and Philippine laws.

I am wondering if at the interview will it be a problem?..she will have the signed affidavit of parental consent with her then..any ideas or do you think it will be fine?

Yes, it will be a problem. As far as the US embassy is concerned, Irish will not be compliant with Philippine law. Art. 35, Chapter 3 of the Family Code of the Philippines, states that 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. Here’s the link: http://www.chanrobles.com/executiveorderno209.htm

True you’re not marrying here but in the US and she would have turned 18 then. But Philippine law and our Immigration officers will prevent your fiancee from departing the country for purposes of marriage until she's 18. She will not pass CFO seminar which is a requirement for departure. Moreover, a 17 year old cannot travel alone without Dept. of Social Welfare & Dev. clearance. So she will be needing clearances from two govt. agencies, CFO and DSWD, and I guarantee you, both clearances will be denied.

The affidavit was signed and notorized by a judge in Somboan, I also have done this through a laywer who told me that was all she needed was a signed and notorized consent from her parents.

I assume you spoke t o a US lawyer who is not familiar with Philippine marriage law? At any rate, judges and lawyers make mistakes and they can be charged with gross negligence of the law. Even if consent was given, our law says such consent is void. We cannot argue with written law.

Best thing to do under the circumstances is to delay the interview until after she turns eighteen. Wait a few more months. This will give you at least a fighting chance.

The next issue that the embassy would be looking at is the age difference between you and your fiancee. If there is a huge gap, better prepare yourself to prove bona fide relationship. It will be tough.

Good luck, Keith!

[mj1987 0]

The sex in tourism act reference to 18 refers to paid sex...which I assume is not happening. The application to other situations depends on the law of consent in the petitioners home state.

But it is a concern espically because many young women in third world countries may be inclined to lie about their age. The embassy will advise a prospective petitioner to stay far away from her until you are 100% sure she is 18...they will even advise you have a private detective verify her story before you become involved.

Given that fact I'd be very hesitant to consider even filing a petition until she is 18. There really is no hurry...

[Pinay Wife 47]

oopsss, that should have read "gross ignorance of the law".

Edited September 5, 2006 by PatientlyWaiting