Big Problem, marriage licenses

[SuperSaiyanVisa 21]

Hey all, I'm facing a huge problem. My fiancée arrived to the US about two weeks ago and we still can't get a marriage licenses.

She is 17 and needs parental consent. We have a consent form filled out and notarized by the Embassy that issued the visa. But now we are being told that the "written" consent needs to be done at the court house, are you kinding me?!?

What can I do guy?

[EricAndOrn 30]

Tried a different court in another county? Another State?

[Dave&Roza 748]

Hey all, I'm facing a huge problem. My fiancée arrived to the US about two weeks ago and we still can't get a marriage licenses.

She is 17 and needs parental consent. We have a consent form filled out and notarized by the Embassy that issued the visa. But now we are being told that the "written" consent needs to be done at the court house, are you kinding me?!?

What can I do guy?

Will she turn 18 within 90 days? If not, you can get her pregnant and get married in Georgia. Seriously, it sounds like you need to contact a judge or some one within the courthouse and see how you can get the written consent you have from the Embassy approved by a judge that will allow you to get a Marriage license.

Dave

[SuperSaiyanVisa 21]

Tried a different court in another county? Another State?

I tried the DC court house and 2 in Maryland.

Will she turn 18 within 90 days? If not, you can get her pregnant and get married in Georgia. Seriously, it sounds like you need to contact a judge or some one within the courthouse and see how you can get the written consent you have from the Embassy approved by a judge that will allow you to get a Marriage license.

Dave

She won't turn 18 in time. The thing is this came up when we interviewed at the embassy, and they didn't approve us until they make sure that we will in fact be able to marry. I tried very hard with the people at the court house, but they just don't get it...

[EricAndOrn 30]

Well. It's obvious you have the consent. Now call around to find someone who will accept your consent form as is without having the parents presence required.

Most states just require a notarized consent form. But I can understand, that some m*rons in county governments have never seen a document notarized by an embassy (happened to me before, they claimed it was fake) and are just too lazy to verify this.

[NikLR 13,227]

~~moved to moving here and your new life from K1 process and procedures. OP's fiance is already in the USA and they're trying to get married~~

[EricAndOrn 30]

You should be able to get married here in Wyoming (a bit far from you, but if all else fails...)

I can call and ask them if you like...

(c)  When either party is a minor, no license shall be granted without the verbal consent, if present, and written consent, if absent, of the father, mother, guardian or person having the care and control of the minor. Written consent shall be proved by the testimony of at least one (1) competent witness.

Anyhow, you should be able to see a judge and have him authorize the marriage (at least in some states)

[SuperSaiyanVisa 21]

You should be able to get married here in Wyoming (a bit far from you, but if all else fails...)

I can call and ask them if you like...

(c)  When either party is a minor, no license shall be granted without the verbal consent, if present, and written consent, if absent, of the father, mother, guardian or person having the care and control of the minor. Written consent shall be proved by the testimony of at least one (1) competent witness.

Anyhow, you should be able to see a judge and have him authorize the marriage (at least in some states)

Thanks, yea Wyoming can be a last resort.

This is so dumb, the state laws ask for a "written consent" but then the counties are saying the "written consent" must be given in there office. uggghhhh so irritated. Does anyone have experience with Florida?

[Transborderwife 4,666]

Thanks, yea Wyoming can be a last resort.

This is so dumb, the state laws ask for a "written consent" but then the counties are saying the "written consent" must be given in there office. uggghhhh so irritated. Does anyone have experience with Florida?

Not likely to have much luck:

shall be under the age of 18 years but at least 16 years of age, the county court judge or clerk of the circuit court shall issue a license for the marriage of such party only if there is first presented and filed with him or her the written consent of the parents or guardian of such minor to such marriage, acknowledged before some officer authorized by law to take acknowledgments and administer oaths. However, the license shall be issued without parental consent when both parents of such minor are deceased at the time of making application or when such minor has been married previously.

(2) The county court judge of any county in the state may, in the exercise of his or her discretion, issue a license to marry to any male or female under the age of 18 years, upon application of both parties sworn under oath that they are the parents of a child.

(3) When the fact of pregnancy is verified by the written statement of a licensed physician, the county court judge of any county in the state may, in his or her discretion, issue a license to marry:

(a) To any male or female under the age of 18 years upon application of both parties sworn under oath that they are the expectant parents of a child; or

(b) To any female under the age of 18 years and male over the age of 18 years upon the female's application sworn under oath that she is an expectant parent.

[baron555 934]

How about Vegas?

[Chris and ZhiJia 146]

Honestly, I wouldn't consider anything as a "Last Resort" you are in a 90 day time crunch to get married or she will be required to leave. So whichever the first court to agree is the one that you need to haul butt over to and get married, even if it means crossing the country.

a flight across the US is a small price to pay to avoid your fiancee being forced to return to her country and you having to start the process all over again.

[SuperSaiyanVisa 21]

Not likely to have much luck:

shall be under the age of 18 years but at least 16 years of age, the county court judge or clerk of the circuit court shall issue a license for the marriage of such party only if there is first presented and filed with him or her the written consent of the parents or guardian of such minor to such marriage, acknowledged before some officer authorized by law to take acknowledgments and administer oaths. However, the license shall be issued without parental consent when both parents of such minor are deceased at the time of making application or when such minor has been married previously.

(2) The county court judge of any county in the state may, in the exercise of his or her discretion, issue a license to marry to any male or female under the age of 18 years, upon application of both parties sworn under oath that they are the parents of a child.

(3) When the fact of pregnancy is verified by the written statement of a licensed physician, the county court judge of any county in the state may, in his or her discretion, issue a license to marry:

(a) To any male or female under the age of 18 years upon application of both parties sworn under oath that they are the expectant parents of a child; or

(b) To any female under the age of 18 years and male over the age of 18 years upon the female's application sworn under oath that she is an expectant parent.

actually sounds promising unless I'm reading it wrong. I do have a written consent notarized by the U.S embassy

How about Vegas?

seems like they only require written consent as well. ill check into it

Honestly, I wouldn't consider anything as a "Last Resort" you are in a 90 day time crunch to get married or she will be required to leave. So whichever the first court to agree is the one that you need to haul butt over to and get married, even if it means crossing the country.

a flight across the US is a small price to pay to avoid your fiancee being forced to return to her country and you having to start the process all over again.

So true. I mean I rather go somewhere close before I fly all over the country.

[yuna628 9,676]

Virginia might be worth looking at.

[SuperSaiyanVisa 21]

Virginia might be worth looking at.

the law says its ok according to Virginia code 20-49. but the court houses are telling me otherwise, says the parent must be present. WHY?!?

[aaron2020 11,651]

Hey all, I'm facing a huge problem. My fiancée arrived to the US about two weeks ago and we still can't get a marriage licenses.

She is 17 and needs parental consent. We have a consent form filled out and notarized by the Embassy that issued the visa. But now we are being told that the "written" consent needs to be done at the court house, are you kinding me?!?

What can I do guy?

The written consent to get the K-1 is not absolute. While it meets the US Embassy's requirement for a K-1, it does not necessarily meet local laws as you have seen. The written consent you got was for the K-1. It does not cover what happens in your local marriage registrar's office.

I tried the DC court house and 2 in Maryland.

She won't turn 18 in time. The thing is this came up when we interviewed at the embassy, and they didn't approve us until they make sure that we will in fact be able to marry. I tried very hard with the people at the court house, but they just don't get it...

In no way did the US Embassy or the US Federal Government "make sure that we will in fact be able to marry." It's not their responsibility to check state and local laws and make sure that you meet all the requirements. The responsibility is on you to check out state and local laws to see if you and your 17 years old fiancee can marry.

the law says its ok according to Virginia code 20-49. but the court houses are telling me otherwise, says the parent must be present. WHY?!?

Why? Because local governments can pass laws governing how marriage are conducted in their locality.

--------------

You are working under an erroneous assumption.

The US Federal government has nothing to do with marriage laws. Marriage laws are under state and local governments.

To get the K-1 visa, you had to make a "prima facie" case that your fiancee being under age was able to get marry. In no way does the written notarization from her parent to get her a K-1 visa under federal laws sufficient for other purposes including getting marry under state and local laws.

It is your responsibility to make sure that you and she qualifies to marry.

Either she goes home, or you wait until she is 18 to marry and file the I-130 and I-485.

When you choose a Do-It-Yourself path, then you are responsible for knowing the relevant state and local laws.

Edited December 23, 2015 by aaron2020