Under Age

[codythecolt 1]

Hi guys! i'm new here. I hope i'm posting in the correct area. So here is my story.

I just came back from the phillippines again and got engaged to my girl friend. I pretty much know about the whole process of filing as i've been researching like a madman! But there is one thing that came up that concerns me. It's that i'm 21 and she's currently 17. I was hoping to go ahead and start the petition process but i've been reading around, and now im concerned i'm going to have to wait until April (her 18th b-day) to even start the petition process. A few more drops to the bucket, is that her parents are both deceased. Her brother is her legal guardian. Is it possible that if he signs that he agree's for us to marry, would I be able to petition for her?

I was planning to start the petition process around september of this year "2012", and I know it takes about 6-10 months, so by the time she's here, she would be 18 and we could marry. So to sum it up, my question is. Must I wait until april of 2013 to even start the petition process?

btw sorry if this has been asked before

Edited August 6, 2012 by codythecolt

[amykathleen2005 441]

If the brother is her legal guardian then he can sign for her.

[codythecolt 1]

Ahh ok thanks. Will she need more than one signature since she just has the one guardian? I hear the laws in the phillippines are alittle funky. I'm just waiting for the mail she sent me with the documents I need to start the the process of petitioning. So I will be able to start now right? Sorry I think im over thinking.

Ahh more questions about the age thing.

So if I do get to petition for her and her interview at the embassy was before her 18th birthday, would her being 17 still be ok? Is that when she would show the signature? Also what should the signature be on? A special document?

Edited August 6, 2012 by codythecolt

[amykathleen2005 441]

Not sure about Philippines specific things. However, it is taking months to process so even if you started right now she would probably be of age by the time of her interview.

[codythecolt 1]

Ohh I see, well thanks for the info. Hmm is there a Phillippines section in this forum? I can't seem to find any?

[Thomas and Kristi 17]

http://www.visajourney.com/forums/forum/129-philippines/

[C-ma'am 684]

Check out the link to the Philippines forum Thomas and Kristi gave you

As you said, the Philippines has some funky laws when it comes to marriage, and it's my understanding that even if she was less than 24/25 years old, she would still need an authorization from her parents or legal guardian.

Good luck on your visa journey!

[Rob & Monika 87]

Look at your state specific laws regarding marriage. Generally the K-1 just says free to marry at the time the forms are submitted, which varies depending on where you plan to get married. She is free to marry with parental consent in most if not all states at 17 years old. For Nebraska, she must be 19 to marry without parental consent, and Mississippi is 21. Some states require a guardian be present when applying for the marriage license, others just signed consent, some 'notarized' and I don't know if a foreign notary counts. So I would submit whatever proof is required by the state you intend to marry in.

[Tahoma 2,291]

What's the age of consent to marry in the state you live in?

I'm guessing the following:

Depending on your state's age of consent to marry, you may or may not need to include your state's consent document with your I-129F packet. If consent to marry is needed for a 17 year old, then include your state's consent document signed by her brother. You may also want to submit a copy of his legal guardianship papers.

Your fiancée needs to be 18 years old by the time she attends the CFO seminar. The CFO seminar is still several months away for her because it's normally completed around the time of the Embassy interview. At 18 years old, she will need to submit the Filipino version of the parental consent form to the CFO. She should also submit her brother's legal guardianship documents.

PS...That other thread that was linked to earlier is inconclusive. In that thread, the OP's petition has not been approved by the USCIS, his fiancée has not had an Embassy interview, and she also hasn't completed the CFO seminar. The other poster in that thread (who claimed they had no problem with a case similar to yours) is probably a troll, and I would not trust the information they gave.

[TnJ 131]

Family Code of the Philippines

Art. 5. Any male or female of the age of eighteen years or upwards not under any of the impediments mentioned in Articles 37 and 38, may contract marriage. (54a)

Art. 14. In case either or both of the contracting parties, not having been emancipated by a previous marriage, are between the ages of eighteen and twenty-one, they shall, in addition to the requirements of the preceding articles, exhibit to the local civil registrar, the consent to their marriage of their father, mother, surviving parent or guardian, or persons having legal charge of them, in the order mentioned. Such consent shall be manifested in writing by the interested party, who personally appears before the proper local civil registrar, or in the form of an affidavit made in the presence of two witnesses and attested before any official authorized by law to administer oaths. The personal manifestation shall be recorded in both applications for marriage license, and the affidavit, if one is executed instead, shall be attached to said applications. (61a)

Art. 15. Any contracting party between the age of twenty-one and twenty-five shall be obliged to ask their parents or guardian for advice upon the intended marriage. If they do not obtain such advice, or if it be unfavorable, the marriage license shall not be issued till after three months following the completion of the publication of the application therefor. A sworn statement by the contracting parties to the effect that such advice has been sought, together with the written advice given, if any, shall be attached to the application for marriage license. Should the parents or guardian refuse to give any advice, this fact shall be stated in the sworn statement. (62a)

With what Tahoma mentioned, this is the law and rationale for the CFO requirements. She needs to be 18 before you can marry her.

Edited August 6, 2012 by ToddnJessa

[ellaparu 4]

we have the same situation. my fiance filed the petition last february 2012. i just turned 18 this july, noa2 came after 6 months ..this august I think. I'm already 18 now passed the medical but now currently waiting for our interview this October... I think you can file ahead before her birthday.

I'll ask my fiance about this and get back to you. Good luck anyways!

[Pinkrlion 2,620]

Hi guys! i'm new here. I hope i'm posting in the correct area. So here is my story.

I just came back from the phillippines again and got engaged to my girl friend. I pretty much know about the whole process of filing as i've been researching like a madman! But there is one thing that came up that concerns me. It's that i'm 21 and she's currently 17. I was hoping to go ahead and start the petition process but i've been reading around, and now im concerned i'm going to have to wait until April (her 18th b-day) to even start the petition process. A few more drops to the bucket, is that her parents are both deceased. Her brother is her legal guardian. Is it possible that if he signs that he agree's for us to marry, would I be able to petition for her?

I was planning to start the petition process around september of this year "2012", and I know it takes about 6-10 months, so by the time she's here, she would be 18 and we could marry. So to sum it up, my question is. Must I wait until april of 2013 to even start the petition process?

btw sorry if this has been asked before

You need to address this in the Philippines forum, as I have read in other threads about the requirements for marriage and to be free to marry.

[Gary and Alla 3,694]

Hi guys! i'm new here. I hope i'm posting in the correct area. So here is my story.

I just came back from the phillippines again and got engaged to my girl friend. I pretty much know about the whole process of filing as i've been researching like a madman! But there is one thing that came up that concerns me. It's that i'm 21 and she's currently 17. I was hoping to go ahead and start the petition process but i've been reading around, and now im concerned i'm going to have to wait until April (her 18th b-day) to even start the petition process. A few more drops to the bucket, is that her parents are both deceased. Her brother is her legal guardian. Is it possible that if he signs that he agree's for us to marry, would I be able to petition for her?

I was planning to start the petition process around september of this year "2012", and I know it takes about 6-10 months, so by the time she's here, she would be 18 and we could marry. So to sum it up, my question is. Must I wait until april of 2013 to even start the petition process?

btw sorry if this has been asked before

Both must be legally able to marry BEFORE the petition is filed. If her brother's signature accomplishes that, you are fine.

[hoy123 2]

I was in the same situation . I just sent my fiance a parental consent form for the state of Nevada and had her parents sign it and get notorized there from the local civil registrar in her city. She then sent that back to me and i included it in the I-129f submission. We got our NOA2 in August.

I think the important part is that she is 18 by the time of the medical and interview...

Good Luck, let me know if you have any other questions