Girlfriend in Peru will be 18 in May.

[Sergio AD 0]

Ok, so I have been reading this forum for the past 4 hours, and still can't seem to find the answer to my question(s).

I am Peruvian-born, US naturalized (I am a US Citizen) - have been since back in the Summer of '09. I came to the US in 1999.

I am 22 years old, and will be 23 in July.

My girlfriend is 17, and will be 18 in May.

We started a relationship on June 23, 2009. It's been 2.5 years that we have been together (in a relationship) and we are so very much in love... I love her so much and I want to spend the rest of my life with her... I am a college student here in Ct, USA and went to Peru on May 2009 until January 2010 (took a semester off), and I only stayed that long because of her; we spent 8 months together, and I had to get back to the states to continue my studies. We kept constant communication, everything was well... I missed and loved her so much that only a month and a half later I went back for just 1 week on spring break so I can be with her... at least 1 week. After that there's been constant travel, I went back to Peru for the summer of 2010, then for a month for the holidays of 2010/2011, and finally for the summer of 2011.

I think that's enough proof to show that we are together (my passport pages are almost full...) Besides that, I have family in Peru, and I stay in my Grandmother's house for the time I am there, and she lives a street parallel to mine so we spend time together non-stop. I know she is the one for me... it's that empty space that lives in you and devours you until you find that special someone... and that person is her!! We want to get married. I can stay in Peru if I want, but I prefer it here since we have more benefits -- including my current job as CCO and Marketing Officer at a local business.

So I guess my question is: how does it work? Can I file now, and will she be able to be interviewed if she is 17? Or should I wait a couple months before her birthday (say January), so that she gets the interview on/after she turns 18?

Another question is passports... I have both my Peruvian and US Passports (so dual citizenships -- although this is not legal??), but for the past 2 years I have used my US passport for all entries. Which should I provide as proof? It seems obvious that the US Passport, but I just want to make sure.

Another thing, I keep reading that when in the interview, you pay $350 -- is this in addition to the $370 filing fee for USCIS? And the medical costs are about $150 excluding vaccinations? What vaccinations are needed -- will you need to get all of them, or just the ones you don't have and the US requires?

The Fiance Letter of Intent - the packet from your Guides says they must be original, does this mean she needs to send me the letter to my US address? Or can it be scanned, and e-mailed?

I may have more questions, but it's 3AM so I will post them up as I find them, or as you provide me with answers.

I really appreciate your time for reading this. Hopefully you can find it in your heart to give me some of the answers I seek.

I may accept the fact that she will have to be 18 to even start the process, but I want her with me ASAP.

Thank you,

Sergio AD

[Inky 1,110]

1, US passport. You must prove you are a US citizen and prove you traveled to visit by passport stamps. Also must show a visit within the last 2 years.

2, No you cant use scans. All signatures must be original, all forms and letters she signs must be sent to you via mail.

3, i'm not sure if you have to wait for her to be 18, there was someone on VJ who filed a fiance petition for a 16 year old he was going to marry.

There are 2 fees, a Petition fee you send with your petition and a visa fee which you pay at/before the interview.

There is a medical fee and you get the shots they tell you to get.

Once she enters the USA you must marry in 90 days and then file for AOS that is $1070.

[Sergio AD 0]

Thanks for the Info.

Another question is:

Her parents are divorced. Her father was literally NEVER there for either my girlfriend or her mother. They are divorced, and her mother is the primary parent. Will she need consent to marry from both of her parents, or just her Mother in this case?

[thelastpetitioner 218]

Thanks for the Info.

Another question is:

Her parents are divorced. Her father was literally NEVER there for either my girlfriend or her mother. They are divorced, and her mother is the primary parent. Will she need consent to marry from both of her parents, or just her Mother in this case?

She won't need anything.I had the same situation,granted I was 20 when I had my interview,but they didn't ask for anything.If you file befo your girlfriend is legal,she will need the consent of her legal guardian, whoever it is

[clarence954 20]

since it's an international relationship you should find out what laws if any you are breaking(if the U.S. honor the parents consent) before proceeding because she is under age. when you started a relationship with her you were 20 and she was 15.

you should consult a lawyer before you find yourself in a world of trouble.

[Sergio AD 0]

When I started the relationship I was in Peru. Did I break any US laws in Peru? I'm not sure that applies...

Is there anyone out there going through this right now??

[Deputy Purple 1,294]

When I started the relationship I was in Peru. Did I break any US laws in Peru? I'm not sure that applies...

Is there anyone out there going through this right now??

Were you already a US Citizen?

The US holds US Citizens to US laws for sex crimes regardless of where in the world the sex crime happens. They even go one better and can charge you with international travel to commit a sex crime.

[Sergio AD 0]

Yes I was a US Citizen when it started.

Is a sex crime dating the girl, or having sexual intercourse with the girl?

Edited October 18, 2011 by Sergio AD

[Erik And Anum 1]

Yes I was a US Citizen when it started.

Is a sex crime dating the girl, or having sexual intercourse with the girl?

Even in Peru the legal age for a non minor to date a minor is 18. USCIS may not say much but I can see the consulate asking you a lot of questions. Check with a lawyer before you proceed

[Deputy Purple 1,294]

Yes I was a US Citizen when it started.

Is a sex crime dating the girl, or having sexual intercourse with the girl?

A 20 year old having sexual contact with a 15 year old is a sex crime.

Dating with no sexual contact or attempts to elicit sexual activity is a grey area.

Technically anything that could be seen as "grooming" her towards sexual contact could be considered a sex crime but without sexual activity or clearly stated intent to engage in sexual activity it's difficult at best to prove intent.

The truth of the matter is that as long as her family is okay with the relationship your chances of having any real problems are slim.

The US Embassy employees processing your case might have some misgivings about the timeline but I don't know if they can do anything unless they want to go on record as accusing you of attempting to traffic her for sex.

[Deputy Purple 1,294]

Even in Peru the legal age for a non minor to date a minor is 18. USCIS may not say much but I can see the consulate asking you a lot of questions. Check with a lawyer before you proceed

Age of Consent is generally construed as relating to simple dating but really applied to Ability to consent to a sexual relationship. Where the line of sexual relationship is drawn can vary from area to area.

[Sergio AD 0]

Her family loves me as I love them. Me and her mother are very close...

And all this sex crime is really confusing me... Even with all the proof that I have (including her mother's letter, her own letter, her grandmother's letter, her uncle's letter, etc etc, pictures, airline tickets, cell phone logs, etc)... they will still think of me to "traffic" her for sex? Where's the logic in that...

[clarence954 20]

Her family loves me as I love them. Me and her mother are very close...

And all this sex crime is really confusing me... Even with all the proof that I have (including her mother's letter, her own letter, her grandmother's letter, her uncle's letter, etc etc, pictures, airline tickets, cell phone logs, etc)... they will still think of me to "traffic" her for sex? Where's the logic in that...

your case is one of the few that you should really consult a lawyer before proceeding on the issue. if you are a citizen of the US no matter where you are in the world are laws still applies to you even if the whole family gives you consent. you need to know if the US government will not bring charges against you.

[Gary and Alla 3,694]

1, US passport. You must prove you are a US citizen and prove you traveled to visit by passport stamps. Also must show a visit within the last 2 years.

2, No you cant use scans. All signatures must be original, all forms and letters she signs must be sent to you via mail.

3, i'm not sure if you have to wait for her to be 18, there was someone on VJ who filed a fiance petition for a 16 year old he was going to marry.

There are 2 fees, a Petition fee you send with your petition and a visa fee which you pay at/before the interview.

There is a medical fee and you get the shots they tell you to get.

Once she enters the USA you must marry in 90 days and then file for AOS that is $1070.

I will only add that you must BOTH be legally able to marry WHEN you file the petition. I am not aware of any states that allow marriage before age 18 without parental permission. If she had parental permission AND that permission met the requirements of your state AND you had some document from the state accepting that, then you could file before her 18th birthday.

Check with the rules of your state or the state you intend to marry in. I mean CHECK, as in go to the officials and ask in person and make sure they understand the whole story, because they may have particular procedures to follow for parental permission.

Otherwise wait until may.

[clarence954 20]

I will only add that you must BOTH be legally able to marry WHEN you file the petition. I am not aware of any states that allow marriage before age 18 without parental permission. If she had parental permission AND that permission met the requirements of your state AND you had some document from the state accepting that, then you could file before her 18th birthday.

Check with the rules of your state or the state you intend to marry in. I mean CHECK, as in go to the officials and ask in person and make sure they understand the whole story, because they may have particular procedures to follow for parental permission.

Otherwise wait until may.

I was going to include which state he lives in also because I know they're a few states that allows a minor to marry with parents consent, but he's international and federal law supersede state law, so the state law will not apply to him. he really needs to consult and attorney he's one of the rear cases that needs to speak to one with expertise and not try to go about it on his own because laws are constantly changing and if he talks to someone his self he might get the wrong information. .

Edited October 18, 2011 by clarence954