Need to know what to do.

[Apple Bee 272]

6 minutes ago, Boiler said:

Ahhh, you mentioned 8 months earlier, well implied.

 

Give it time, you are getting waay ahead of yourself.

I understood that to mean  they've been in a relationship for 8 months, not actually spent 8 months together.

[JFH 12,190]

So he was a minor when you started communicating? Good luck. 

[Boiler 45,525]

2 minutes ago, Apple Bee said:

I understood that to mean  they've been in a relationship for 8 months, not actually spent 8 months together.

Depends what you mean by in a relationship.

[HP+IC 292]

17 minutes ago, JFH said:

So he was a minor when you started communicating? Good luck. 

It is my understanding that if a minor is above age of consent in their home country, communicating with them with the aim of courtship breaks no law. Entering into a relationship with them when they are above the age of consent also breaks no law. However, this person may or may not be marriageable according to the laws of their home country and/or US laws and that should be sorted out before filing. There is a whole bunch of court and USCIS documentation on this issue, mainly dealing with arranged marriages with minor females to battle trafficking. But it is my belief that the approach will be the same. 

[aaron2020 11,651]

Before anyone gets on my case, we have no idea if there was a sexual relationship before he turned 18.  The following is only informational because this thread has derailed.  

Foreign laws is just one part of it.  Just because it's legal there, it doesn't mean it's legal for a US citizen to have sex with a child under 18 in a foreign country.  

 

US law has something to say on this issue.
 

https://travel.state.gov/content/travel/en/international-travel/emergencies/arrest-detention/crimes-against-minors.html

 

Crimes Against Minors Abroad

 

U.S. citizens are subject to the laws of foreign countries. Furthermore, some laws are prosecutable in the United States regardless of local law. 

Under the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003 (PROTECT Act), it is a crime, prosecutable in the United States, for a U.S. citizen or lawful permanent resident to engage in illicit sexual conduct in a foreign country with a person under the age of 18, whether or not the U.S. citizen or lawful permanent resident intended to engage in such illicit sexual conduct prior to going abroad. 

Under the Protection of Children from Sexual Predators Act of 1998, it is a crime to use the mail or any facility or means of interstate or foreign commerce to transmit information about a minor under the age of 16 with the intent to entice, encourage, offer, or solicit any person to engage in any criminal sexual activity, among other things, the production of child pornography.

For additional information on federal laws related to crimes against minors overseas, please see the U.S. Department of Justice (DOJ)’s Child Exploitation and Obscenity Section.

If you want to report a crime, please contact the FBI or see numbers provided by DOJ here.

 

[HP+IC 292]

Well, the OP says he met the guy in person (for the first time ever, I assume) the day after he turned 18. How can anyone find out/prove there was or wasn't illicit online activity? How can online courtship be differed from online misconduct?

[aaron2020 11,651]

4 minutes ago, HP+IC said:

Well, the OP says he met the guy in person (for the first time ever, I assume) the day after he turned 18. How can anyone find out/prove there was or wasn't illicit online activity? How can online courtship be differed from online misconduct?

The burden of proof of a bona fide relationship is on the OP, so he will need to disclose the details of their relationship.  Pretty sure US embassies are aware of issues with child exploitation and scrutinizes cases with older American men and young 18 years old.  

[HP+IC 292]

So probably the first question at the interview will be how did you guys happened to meet and why ... no common language, huge age gap etc. There is no way the CO will omit it

[aaron2020 11,651]

1 hour ago, Difrntway said:

It was for about a week. 

We met the day after he turned 18 so he was 18 when we met. 

So, were you communicating with a minor and made plans to visit the minor on the day after he turned 18?

[Difrntway 28]

1 hour ago, aaron2020 said:

Before anyone gets on my case, we have no idea if there was a sexual relationship before he turned 18.  The following is only informational because this thread has derailed.  

Foreign laws is just one part of it.  Just because it's legal there, it doesn't mean it's legal for a US citizen to have sex with a child under 18 in a foreign country.  

 

US law has something to say on this issue.
 

https://travel.state.gov/content/travel/en/international-travel/emergencies/arrest-detention/crimes-against-minors.html

 

Crimes Against Minors Abroad

 

U.S. citizens are subject to the laws of foreign countries. Furthermore, some laws are prosecutable in the United States regardless of local law. 

Under the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003 (PROTECT Act), it is a crime, prosecutable in the United States, for a U.S. citizen or lawful permanent resident to engage in illicit sexual conduct in a foreign country with a person under the age of 18, whether or not the U.S. citizen or lawful permanent resident intended to engage in such illicit sexual conduct prior to going abroad. 

Under the Protection of Children from Sexual Predators Act of 1998, it is a crime to use the mail or any facility or means of interstate or foreign commerce to transmit information about a minor under the age of 16 with the intent to entice, encourage, offer, or solicit any person to engage in any criminal sexual activity, among other things, the production of child pornography.

For additional information on federal laws related to crimes against minors overseas, please see the U.S. Department of Justice (DOJ)’s Child Exploitation and Obscenity Section.

If you want to report a crime, please contact the FBI or see numbers provided by DOJ here.

 

We did not come into physical contact til he was 18. Just talked before that so there are no worries there.  But the parental permission thing could trip us up.  I emailed the embassy in Honduras and asked about this issue so hopefully I will know what to do soon.  But the worst that can happen is we delay things and who knows maybe we can visit each other's countries a few times before applying for the visa.  I would like for him to visit the US first anyway before he is stuck here.  Of course getting a tourist visa is harder than getting a fiance visa.  Lol

[Difrntway 28]

47 minutes ago, aaron2020 said:

So, were you communicating with a minor and made plans to visit the minor on the day after he turned 18?

Yes

[aaron2020 11,651]

4 minutes ago, Difrntway said:

Yes

Expect extra scrutiny.  

IMHO, this is not a DIY.  

[Difrntway 28]

21 minutes ago, aaron2020 said:

Expect extra scrutiny.  

IMHO, this is not a DIY.  

Well i emailed the embassy to see if we could even pursue the visa without his parents permission.  If they say no then we simply cannot do the visa.  So we will just have to do visits for a few years, roatan is beautiful so i cant wait to return. 

[aaron2020 11,651]

4 minutes ago, Difrntway said:

Well i emailed the embassy to see if we could even pursue the visa without his parents permission.  If they say no then we simply cannot do the visa.  So we will just have to do visits for a few years, roatan is beautiful so i cant wait to return. 

Dude.  You don't get it.  It's not his parents' permission or the visa.  YOU WERE COMMUNICATING WITH A MINOR THAT YOU WERE SEEKING A ROMANTIC RELATIONSHIP WITH.  That's the issue.  If you don't see a problem there, then you should definately get a lawyer.   

Did you tell the US Embassy that you were communicating with a minor and sought a romantic relationship with that person?  I am gonna guess no.  

Edited April 17, 2019 by aaron2020

[Difrntway 28]

1 minute ago, aaron2020 said:

Dude.  You don't get it.  It's not his parents' permission or the visa.  YOU WERE COMMUNICATING WITH A MINOR THAT YOU WERE SEEKING A ROMANTIC RELATIONSHIP WITH.  That's the issue.  If you don't see a problem there, then you should definately get a lawyer.   

Did you tell the US Embassy that you were communicating with a minor and sought a romantic relationship with that person?  I gonna guess no.  

I have already spoke with a lawyer about the age issue and they didnt see a problem with that.  Of course they also didnt know about the parental permission issue either but I have spoke with several people who were talking when one was 17 and with a large age difference (one was actually at the lawyers office) . Obviously the embassy will know i was talking with and planning a relationship with a 17 yo.  They might deny me for that and thus we wait.  But if the parental permission thing is an issue we will have to wait regardless.  So for now i am in limbo til i get a response to my e-mail.  I will deal with the age thing once i know that i even can.  But thank you for the concern as obviously i have some t's and i's still left to cross and dot.