age requirements.

[nathanp 6]

my fiancee is 17 years old but will turn 18 on sept. 8th of 07'.we want to do the fiancee visa.but we arent sure if she needs her parents permission to do it or bcuz she is 18 she needs no parents or legal guardians permission and the onlything that can stop her from coming is the embassy themselves.can any1 tell me if its true or not about her age and her parents permission.she is from the philippines and i am a legal united states resident.im 20 years old.i am a united states citizen born and raised in united states.we are not worried about the age requirements for getting married in the philippines.she knows already.but we dont know if when she turns 18 if she can come here to the united states on a fiancee visa without her parents permission.i was told she needs her parents permission to even come here on a fiancee visa but i want to make sure b4 i visit her.and i havent visited her yet and she never came here.b4 i do visit.we want to find out if she can come here on a fiancee visa and if not.i didnt want to already visit her to find out she cant.so if she cant then i will marry her there if her parents let us.which she told me they dont want us getting married so she decided to do the fiancee visa.if any questions r needed.plz ask them in a reply or message me and ill reply as soon as possible.thanks.

[island_princess 2]

Let her turn 18 first, before you worry about this whole immigration thing.

[nathanp 6]

im asking now bcuz her parents r trying to stop her from talking to me and they dont want us getting married.but she doesnt care anymore what every1 says.she wants to marry me.and now she is begging me to hurry and visit so we can start the fiancee visa.but hopefully in a few weeks i will have the money.but b4 i do visit i want to make sure she can come here on a fiancee visa without having her parents permission like we would if we were getting married in the phils.so the sooner i find out the sooner i can decide when to visit or not and rather to do the fiancee visa.and by the time i visit and we start the fiancee visa.she will be turning 18.so it works out.but i need to make sure she can come here on a fiancee without her parents permission so we can decide on what to do for sure instead of wondering and then me visiting and she has to have her parents permission.and then i have to prepare for another visit to marry here and things like that.save time and money by doing this now.and getting the info for sure.

[Pinay Wife 47]

We had a case last year where the fiancee was 17 years when the petition was filed and she was approved at USCIS and embassy level (visa was issued). However, the Commission on Filipinos Overseas did not give her a stamp that allowed her to leave the country. She was given the K1 visa in November and she had to wait until she turned 18 in March 2007 before she was allowed to leave. <edited to add> The lady had parental consent.

If you marry your fiancee in the Philippines at age 17, the marriage is considered null and void even if parental consent is obtained. Art. 35, Chapter 3 of the Family Code of the Philippines, states that x x x “The following marriage shall be void from the beginning: (1) those contracted by any party below eighteen years of age even with the consent of parents or guardians. http://www.chanrobles.com/executiveorderno209.htm

Art. 67 of our Civil Code requires parental consent/advice for 18 years old.

http://www.chanrobles.com/civilcodeofthephilippinesbook1.htm

I am not sure if our CFO will give her the stamp if your fiancee is unable to provide parental consent. Age of emancipation in the Philippines is 21.

Edited July 30, 2007 by PatientlyWaiting

[nathanp 6]

thats not good.i know i need her parents permission to get married in the philippines.but we dont know about her coming here on a fiancee visa once i have visited her.i was told by her older sisters husband that she needs her parents permission to come to the united states on a fiancee visa.and i want to find out for sure b4 i visit her.and we actually wont start the visa until she is 18 and by the time she is approved she will surely be 18 already.but i was also told bcuz she is legal when she is 18 she doesnt need her parents permissiont o come to the states on a fiancee visa.then i seen she does no matter what visa we do.so i want to find out for sure and by many people to clarify it.i dont really know who to ask who would know this for sure so i posted it here to find out.thanks for ur help also.i appreciate it alot.

[Dakine 26]

I am not sure if our CFO will give her the stamp if your fiancee is unable to provide parental consent. Age of emancipation in the Philippines is 21.

When my wife did CFO they wouldn't let a 18 year old even take the seminar because she didn't have evidence of parental consent. She had to go get it and go back another day.

No biggy I guess but a 6 hour one way bus ride isn't much fun.

Edited July 30, 2007 by beckypua

[vsmtghdy 2]

thats not good.i know i need her parents permission to get married in the philippines.but we dont know about her coming here on a fiancee visa once i have visited her.i was told by her older sisters husband that she needs her parents permission to come to the united states on a fiancee visa.and i want to find out for sure b4 i visit her.and we actually wont start the visa until she is 18 and by the time she is approved she will surely be 18 already.but i was also told bcuz she is legal when she is 18 she doesnt need her parents permissiont o come to the states on a fiancee visa.then i seen she does no matter what visa we do.so i want to find out for sure and by many people to clarify it.i dont really know who to ask who would know this for sure so i posted it here to find out.thanks for ur help also.i appreciate it alot.

You may ecounter these several problems:

The U.S. Embassy in Manila, Philippines, states that the requirements for getting married in the Philippines, if you are a U.S. Citizen, are as follows:

...... Parents' Consent or Advice: Under Philippine law, the legal age for marriage is 18. If the contracting parties are between the ages of 18 and 21, they must present written consent to the marriage from their father, mother or legal guardian. Any contracting party between the age of 22 and 25 must present written parental advice, i.e., a written indication that the parents are aware of the couple's intent to marry......

For minors under the age of 18 and will be applying for a passport in the Philippines (DFA)-> the law states that:

1. 
   
   
2. Personal appearance of either parent.
   
3. If minor is not travelling with either parent, submit an original and photocopy of DSWD clearance and affidavit of supprt and consent.
   
4. If application is filed by person other than the minor's parents, submit a special power of attorney (SPA). If executed abroad, SPA must be authenticated by the nearest Philippine embassy or consulate.
   
5. Passport and photocopy of the passport of the person travelling with the minor.
   

And for those who are fiance/e and spouses of foreign nationals: Per Republic Act 8239 and Department of Foreign Affairs (DFA) Order 28-94, Filipinos proceeding abroad as fiancé(e)s and spouses of foreign nationals are required to attend the CFO's guidance and counseling programs as a pre-requisite to the issuance of passports.

At CFO: For the seminar, they discourage people/applicants marrying foreign nationals if they are a minor. Even if they are already on the legal age of "18", since our law states that a parental consent is necessary for those who are contemplating marriage (aged 18-21), they will be asking for the parental consent.

One applicant who is already a COLLEGE GRADUATE, aged 23 (being still under the law that aged 22 to 25 needs parental advice) -> she was asked to bring her parents for the seminar before they can grant her the certificate.

One applicant was even asked to come back after 2 years. They asked her to live her life first as "single" (to explore her youth as single) since she is "too young to marry and probably don't know the pros- and- cons of a married life. She was also 18 then.

CFO may give her (your fiance) a hard time before they will give her the Certficate. Without the Seminar Certificate, she cannot get the green certificate and stamp on her passport-> without the stamp, she will not be allowed to leave the country especially on a K-1 (fiance visa).