Fiance age of 17/18

[codythecolt 1]

Hey guys, im new here! So here is my story.

I just came back from a trip to the phillippines, and I asked my girl friend to marry me and she said yes! Anyway, so i'm home now in the states (NC). I've been researching like a madman, and I believe I know about everything I should be doing on my end. However I am confused about a few topics and hope someone can clear them up for me.

1st: I'm 21 and my fiance is 17 and she turns 18 in april of 2013. I was hoping to go ahead and start the petition process and by the time for her interview at the embassy came around, she would be 18 and ready to move here to the states. Is this possible? Can I petition now even tho she is 17 currently? This topic has me most worried.

2nd: Both her parents are deceased, her older brother (23yr old) is her legal guardian. Since she has only the one guardian, will she need two signatures on a written consent form? Or is one signature ok? Also how does this procedure work? Does my fiance just type out a form herself, and have him sign it? or must it be a lawyer sort of thing?

I understand pretty much everything about the I-129F file, and all other forms and all the requirements I need, i'm mostly just confused about phillippines laws regarding written consent and age laws... etc etc... any info would be much appreciated

[actob99 156]

I'm not 100% sure about your first question. I think it states in the K-1 packet about her age. I remember seeing posts before on the same subjuct so maybe type that in the search on this site. Also, many more people will give you advice.

Second question is its ok for just one signature on the "Consent to Mary" document. She will need to go to the city hall in her area and someone there will be able to notarize and help her. Then make sure she has a copy of the Guardian's I.D. A lawyer is not needed. I can upload a copy of what we used soon. Good luck.

[actob99 156]

I'm not 100% sure about your first question. I think it states in the K-1 packet about her age. I remember seeing posts before on the same subjuct so maybe type that in the search on this site. Also, many more people will give you advice.

Second question is its ok for just one signature on the "Consent to Mary" document. She will need to go to the city hall in her area and someone there will be able to notarize and help her. Then make sure she has a copy of the Guardian's I.D. A lawyer is not needed. I can upload a copy of what we used soon. Good luck.

consenttomarriage.pdf

[actob99 156]

My link

A thread with info about your first question...

[codythecolt 1]

Thank you so much! I appreciate it, that answered my question regarding if I can start the process.

A few more questions tho. How will my fiance prove that her brother is her legal guardian? Will she need to show proof both parents are deceased? Or is there some document that she needs, that says who her guardian is?

Also, another question, I live in North Carolina, should I send her a NC consent to marry form and have her fill that out? And send that in my I-129 packet? or should it be the phillippines consent to marry form? Since we are getting married here in North Carolina and she'll be 18 at the time.

I've decided I will send my I-129 packet around December. That means she will turn 18 in 4 months from the point that I send it; should it be accepted, the interview would not happen in 4 months correct? Has there ever been a instance where the whole process takes less than 4 months? As this would not be in our favor lol.

Edited August 7, 2012 by codythecolt

[Piso Envy 5]

Thank you so much! I appreciate it, that answered my question regarding if I can start the process.

A few more questions tho. How will my fiance prove that her brother is her legal guardian? Will she need to show proof both parents are deceased? Or is there some document that she needs, that says who her guardian is?

Also, another question, I live in North Carolina, should I send her a NC consent to marry form and have her fill that out? And send that in my I-129 packet? or should it be the phillippines consent to marry form? Since we are getting married here in North Carolina and she'll be 18 at the time.

I've decided I will send my I-129 packet around December. That means she will turn 18 in 4 months from the point that I send it; should it be accepted, the interview would not happen in 4 months correct? Has there ever been a instance where the whole process takes less than 4 months? As this would not be in our favor lol.

Respondent must be of legal age, so wait until she is 18 and have her sign the G325A and proceed with your petition. You can figure out the guardianship/parental thing later on.

[VirtualLee 12]

Thank you so much! I appreciate it, that answered my question regarding if I can start the process.

A few more questions tho. How will my fiance prove that her brother is her legal guardian? Will she need to show proof both parents are deceased? Or is there some document that she needs, that says who her guardian is?

Also, another question, I live in North Carolina, should I send her a NC consent to marry form and have her fill that out? And send that in my I-129 packet? or should it be the phillippines consent to marry form? Since we are getting married here in North Carolina and she'll be 18 at the time.

I've decided I will send my I-129 packet around December. That means she will turn 18 in 4 months from the point that I send it; should it be accepted, the interview would not happen in 4 months correct? Has there ever been a instance where the whole process takes less than 4 months? As this would not be in our favor lol.

beside from her brother, does she got any close relative like uncle/aunt instead? its better if her guardian is older than 25y/o

and she needs death certificate of her parents for her proof.

[TnJ 131]

You already posted this and got the answers as well: http://www.visajourney.com/forums/topic/381712-under-age/page__p__5587319#entry5587319 You can find this link under 'Topics' you've started within 'My Profile'(your profile)

Edited August 9, 2012 by ToddnJessa

[TnJ 131]

beside from her brother, does she got any close relative like uncle/aunt instead? its better if her guardian is older than 25y/o

and she needs death certificate of her parents for her proof.

They must be the legal guardian though.

[TnJ 131]

Thank you so much! I appreciate it, that answered my question regarding if I can start the process.

A few more questions tho. How will my fiance prove that her brother is her legal guardian? Will she need to show proof both parents are deceased? Or is there some document that she needs, that says who her guardian is? Usually, there is a court decree of some kind that pronounces the guardian as the 'legal guardian'. She would more than likely need this if her brother were to sign the consent form. CFO will probably require it.

Also, another question, I live in North Carolina, should I send her a NC consent to marry form and have her fill that out? And send that in my I-129 packet? or should it be the phillippines consent to marry form? Since we are getting married here in North Carolina and she'll be 18 at the time. What is the age of consent in NC? She needs to fill out the Philippines government appointed consent form for CFO.

I've decided I will send my I-129 packet around December. That means she will turn 18 in 4 months from the point that I send it; should it be accepted, the interview would not happen in 4 months correct? Has there ever been a instance where the whole process takes less than 4 months? As this would not be in our favor lol.You have plenty of time. Expect 6-9 months from the date you file the I-129F to the date you are married (or at least her in the states). Then, you have 90 days after she arrives.

[actob99 156]

Remember that it is a requirement to satisfy Philippines law as well. You can not get married under 18 in the Philippines. So this is where the debate is and I have never seen a clear cut fact to this. I do know, by a previous poster, that she made it all the way to the interview and was still 17. She wasn't denied visa, but I think she had to wait and never heard anything again from her.

[codythecolt 1]

Wow! Thanks so much for all the responses! I can tell this place will be my home for the next year :)Right now i'm just working on gathering all the documents I need.

OK, so i've researched abit, and I found that in North Carolina we can marry even tho she's 17 now, all she would need is a written consent. However by the time of her CFO and also her interview, she will be 18... I was just wanting to start the process soon so we can get a head start. We don't plan on getting married in the philippines, we want to get married here in NC when she is 18.

Also the question regarding other relatives... She lives with her older brother " legal guardian" and also her older sister. However the brother is the only one that is the legal guardian. btw her brother is 24. I'll have her look into getting her parents death certificates. I'll also have her look into getting the court decree that states her brother is the actual guardian, I assume she can get this at city all or the court house etc etc.

Sorry for being a noob guys, this is actually my first forum account and first time posting stuff, i'm usually just a forum lurker, but being this is so important for me, decided to make a account.

[A and T 82]

I think it would look much better if she turns 18 and then you proceed to petition her/marry her. 21 and 17 in the usa would land you on the sex offender registry depending on the state. I don't know how uscis would view that even though its legal/normal age difference in the philippines

[TnJ 131]

I think it would look much better if she turns 18 and then you proceed to petition her/marry her. 21 and 17 in the usa would land you on the sex offender registry depending on the state. I don't know how uscis would view that even though its legal/normal age difference in the philippines

OP said North Carolina (where USC plans to marry) allows 17 year olds to marry with consent. I agree to just wait for 18 though. The Philippines Family Code states 18 for being the minimum age to marry. The US will acknowledge this as well as the CFO. I don't know though. If one were to turn 18 within a couple of months after filing, and the I-129F petition wouldn't even be adjudicated for a few months after said birthday, would it matter? Of course, I would just say, "You're young! You have the rest of your lives to be together. What's the rush?"

[actob99 156]

OP said North Carolina (where USC plans to marry) allows 17 year olds to marry with consent. I agree to just wait for 18 though. The Philippines Family Code states 18 for being the minimum age to marry. The US will acknowledge this as well as the CFO. I don't know though. If one were to turn 18 within a couple of months after filing, and the I-129F petition wouldn't even be adjudicated for a few months after said birthday, would it matter? Of course, I would just say, "You're young! You have the rest of your lives to be together. What's the rush?"

I agree with that, except it's the same rush us a little older couples have to be with our loved ones. Age has no influence how we feel about our loved ones. Ask Hef?