Girlfriend in Peru will be 18 in May.

[Sergio AD 0]

Isn't this forum for those US citizens who wish to bring their fiance to the US to marry? Why am i being "Categorized" as an "international" ??? I am a US Citizen in the state of Connecticut (CT).

Federal Law supersedes State Law - then I need to consult whether or not Federal Law allows me to marry an underage girl WITH the parents consent (Because I can and WILL have this)?

CT State Law - I need Guardian Consent.

So now Federal Law?

[skiptex 225]

yikes.. talking about a relationship you have with a minor?!?!

and you want want to tell the government that you were "DATING" before she was 18.. ?

i sure would not want to be the CO that Approves this.. good luck..

[yachachiq12 43]

Page 3 of the I-129F instructions http://www.uscis.gov/files/form/i-129finstr.pdf clearly states that if one of you is not at the age of consent at filing, you need to include proof of consent or permission. Thus, you can file before her 18th birthday, but your initial filing and your follow-up documentation at the interview should include written permission from a parent. Whether consent of both parents is needed may vary by your city/county. Contact your local marriage license office to clarify if permission of both parents is necessary or not (knowing you will not have to produce the documents as she'll be 18 by the time she arrives, but this will be necessary to get through the requirements of the I-129F filing). You should include some documentation of what your local laws are in your I-129F so there are no RFEs or doubts for the reviewing officer. This should cover all your bases.

I would echo what others are saying about being mindful of the age of consent in Peru (18 years since 2006). It isn't our business what has or hasn't happened with your girlfriend, but you should be prepared for any potential questions that may come your way, as it is the business of the person who interviews you. The Peruvian Penal Code considers it serious enough that it's punishable by 25-30 years in prison.

[skiptex 225]

I would echo what others are saying about being mindful of the age of consent in Peru (18 years since 2006). It isn't our business what has or hasn't happened with your girlfriend, but you should be prepared for any potential questions that may come your way, as it is the business of the person who interviews you. The Peruvian Penal Code considers it serious enough that it's punishable by 25-30 years in prison.

yep

[clarence954 20]

Isn't this forum for those US citizens who wish to bring their fiance to the US to marry? Why am i being "Categorized" as an "international" ??? I am a US Citizen in the state of Connecticut (CT).

Federal Law supersedes State Law - then I need to consult whether or not Federal Law allows me to marry an underage girl WITH the parents consent (Because I can and WILL have this)?

CT State Law - I need Guardian Consent.

So now Federal Law?

it doesn't matter what Connecticut law says federal will always prevail because she is not in Connecticut. Listen all we are telling you to just talk with a lawyer before you find yourself in a world of trouble.

page 3 of what your are showing us is correct because some countries have customs that the child already has her/his mate from time of birth, so under certain religious matters the U.S will allow it if say if the petitioner is 18 and the bene. is 17.

[yachachiq12 43]

it doesn't matter what Connecticut law says federal will always prevail because she is not in Connecticut. Listen all we are telling you to just talk with a lawyer before you find yourself in a world of trouble.

page 3 of what your are showing us is correct because some countries have customs that the child already has her/his mate from time of birth, so under certain religious matters the U.S will allow it if say if the petitioner is 18 and the bene. is 17.

I think you might be amalgamating two separate issues. He is legally allowed to marry her and legally allowed to petition for her, provided he is intending to marry in CT or a state with similar marriageable age laws and provided he shows the appropriate parental consent documentation. The I-129F instructions do not say the provision for marrying under 18 is reserved for religious reasons.

The second issue, which remains separate from their legal ability to petition and marry, is the premarital relationship, whatever form it took. Yes, he needs to proceed cautiously regarding that, but do not confuse that with his ability to petition and marry.

I just needed to point that out so there is no confusion on the meaning for the OP or someone else with a similar question.

[clarence954 20]

I think you might be amalgamating two separate issues. He is legally allowed to marry her and legally allowed to petition for her, provided he is intending to marry in CT or a state with similar marriageable age laws and provided he shows the appropriate parental consent documentation. The I-129F instructions do not say the provision for marrying under 18 is reserved for religious reasons.

The second issue, which remains separate from their legal ability to petition and marry, is the premarital relationship, whatever form it took. Yes, he needs to proceed cautiously regarding that, but do not confuse that with his ability to petition and marry.

I just needed to point that out so there is no confusion on the meaning for the OP or someone else with a similar question.

yachachiq12 you seriously need to re-read the tread again no one ever said that he can't petition for her and besides that's not even the question because he wants to wait until next year when she turns 18.

also, you failed to leave out custom big big difference the reason the US will allow it is because both family know each other very well.

Do you seriously think any adjudicator will allow an underage person to move away to another country with someone that is much older then his/her(beneficiary) even if the parents consent knowing that the relationship started when the child was 14/15??? it's kind of one of those thing where you should already know they don't have to spell it out to you in details on a form.

Yes, his ability to petition for her will go through but the million dollar question is will the US try to bring charges against him for the age of the child when the relationship

started.

Edited October 19, 2011 by clarence954

[yachachiq12 43]

yachachiq12 you seriously need to re-read the tread again no one ever said that he can't petition for her and besides that's not even the question because he wants to wait until next year when she turns 18.

also, you failed to leave out custom big big difference the reason the US will allow it is because both family know each other very well.

Do you seriously think any adjudicator will allow an underage person to move away to another country with someone that is much older then his/her(beneficiary) even if the parents consent knowing that the relationship started when the child was 14/15??? it's kind of one of those thing where you should already know they don't have to spell it out to you in details on a form.

Yes, his ability to petition for her will go through but the million dollar question is will the US try to bring charges against him for the age of the child when the relationship

started.

This seems like an inappropriately rude response. As I stated above, my reply to your previous statement was only to clarify the marriage age versus consent age differentiation on legal terms. Your comment did not differentiate, thus you implied the illegality of the petition and marriage. So, yes, I do see someone saying it isn't permitted: you. And yes, he does intend to petition now. His original question was whether he can or not, so he needs to know if it's permitted.

Barring that, could you please provide a case where someone has been denied by an adjudicator for the reasons you state above? Or perhaps show the law that determines that the marriage/intent would be illegal with parental consent? Or the I-129F guidelines that show it would not be permitted? I see nothing tying this to religious reasons, parents' familiarity with each other, or otherwise.

Furthermore, COs are not instructed to determine the morality of relationships. They are instructed to determine the legitimacy/bona fides of them. The petitioner will show parental consent to marry following the laws of his jurisdiction where he intends to marry.

[yachachiq12 43]

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. .

Nearly every state allows marriage at age 16 with parental consent. Every state allows it by 17 with parental consent except New Hampshire which allows it with special cause: http://en.wikipedia.org/wiki/Marriageable_age#North_America

[clarence954 20]

Nearly every state allows marriage at age 16 with parental consent. Every state allows it by 17 with parental consent except New Hampshire which allows it with special cause: http://en.wikipedia.org/wiki/Marriageable_age#North_America

jeez, you're making this really complicated no one said that he can't marry her, all that's said is for him to consult an attorney to make sure everything is in order on the issue of the age of the child when the relationship started.

if I came off as being rude in my response I apologize.

[Anh map 2,098]

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

There are a lot of costs (fees, etc.) involved in obtaining the visa and then adjusting status (her obtaining the green card) after you are married. Adjust Status filing fee is $1K.

Just make sure you have the budget to be able to get through the whole process. That will lessen the stress for you both.

The Guides here on VJ can help you with the timing, etc.

[TBoneTX 44,047]

To help further establish the bona fide relationship, I'd suggest waiting until she turns 18, then visit her again for enough time to collect more evidence, then file the petition. Doing so might go a long way toward reducing concerns that the consuls might have if you proceeded now. I echo the earlier advice that you should consult with a sharp immigration attorney beforehand.

Let us know how you intend to proceed, si man.

[Ready to do it 101]

Ditto all of this. I would not only "consult" with a sharp immigration attorney beforehand, I would "hire" a sharp immigration attorney to do this entire process for you. Bottom line is you can't get around the fact that you guys met and started dating when she was 15. Do NOT jeopardize your entire future by going at this alone!

To help further establish the bona fide relationship, I'd suggest waiting until she turns 18, then visit her again for enough time to collect more evidence, then file the petition. Doing so might go a long way toward reducing concerns that the consuls might have if you proceeded now. I echo the earlier advice that you should consult with a sharp immigration attorney beforehand.

Let us know how you intend to proceed, si man.

[Farsider 7]

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...

I can see how you might be surprised (perhaps a bit shocked) at some of the advice your are getting which relates to the fact that she is not yet 18. Don't take this advice in the wrong light.... it IS a good idea to consult an attorney to make sure you don't end up in a very messy situation. I think the main message from fellow VJ members is... be careful. Take steps to make sure you won't have problems that can be avoided with the right guidance from a legal professional.

Best wishes to you & your future wife !!

[thelastpetitioner 218]

I'm actually surprised he didn't know what he is doing is frowned upon in the states,you've been living there most of your life