Urgent help needed fiancee visa refused gave 221g form to submit more documents.

[freddybros 1]

Hi!

Its sad that my fiancee got refused visa and was given 221 form asking to submit 2 documents and passport.

Doc 1) A written explanation in English of how the applicant and fiance to obtain written consent from one of her legal guardian and from a California superior judge to marry. Both of there are required for a under age to marry in California.

Can someone tell what to do now? wht exact type of documents are they asking?

and how long does it take after submitting this documents?

[landr 126]

Marriage License Under 18 Years of Age

A person "Under 18" must provide a Notarized Parent or Guardian Consent Statement and an order from the Superior Court granting the minor permission to obtain a marriage license.

From: https://www.lavote.net/home/county-clerk/marriage-licenses-ceremonies/general-info/eligibility

How old is your fiancee? Can you wait until she is 18?

[ISBJORN10 5]

Is your fiance younger than 21?

[YamenWaad 45]

is she younger than 18?

[freddybros 1]

she is 17 next month

[landr 126]

She is still very young.

Has her legal guardian given permission for her to marry? If yes, it shouldn't be a problem to get a statement from him/her and then have it notarised.

Not sure about the permission from a California superior court judge. You/your fiancee/her legal guardian may be required to appear in person.

This sounds like an awful lot of extra work and you may need to get a legal professional involved.

If she is unable to meet the requirements to get a marriage license in California then you cannot prove one of the requirements for the K-1 visa: that you (USC) and she (K-1 applicant) are both legally free to marry. Therefore you will get denied.

I would think withdrawing the current application, waiting until she is 18 and then re-submitting a K-1 petition. Or marry her outside the US (if/when she's legally able to do so) and then apply for a spousal visa.

Edited November 7, 2014 by landr

[freddybros 1]

parent consent letter was already submitted when sent 129f application form.

[landr 126]

If you are determined to go down this route, I suggest calling one of the country recorder's offices in LA and asking them what you need to do to get a court order granting permission for a minor to marry:

http://rrcc.lacounty.gov/RECORDER/PDFS/confMarriageApp.pdf[scroll down to page 3 for the telephone number for your nearest office]

You might have to submit an application plus supporting documents (including the legal guardian's permission) as well as undergoing pre-marital counselling - presumably this must be done in person. The recorder's office will be able to advise you.

I'm not sure if this is going to be feasible in your situation as USCIS won't grant you a fiance(e) visa without these documents and you may not be able to get the court order unless your fiance(e) appears in person. Again though, speak to the recorder's office.

[Kay&Jay 44]

Please wait until she is 18 years old its better that way.

[baron555 934]

Can someone tell what to do now? wht exact type of documents are they asking?

A written explanation in English of how the applicant and fiance to obtain written consent from one of her legal guardian and from a California superior judge to marry. Both of there are required for a under age to marry in California.

and how long does it take after submitting this documents?

A week to a year.

[mymarley 14]

she should give another parent consent..

[TBoneTX 42,990]

One noncontributory post removed. Thread moved from K-1 Process forum to Embassy/Consulate forum -- 221g is at that stage. ***

[freddybros 1]

I spoke to attorney today which gave me 2 options

option 1) I have to personally go to court and grant permission from judge in CA.

option 2) I and My fiancee make affidavit stating that we are going to marry in Las Vegas, affidavit of her parent ( consent to marry) and attach laws of Las Vegas submit to drop location of consulate. Las vegas is the only state which accept written notarized consent letter without parent being present.

So I m thinking to go for option 2 please give me your thoughts. Attorney told me that since I m from CA so consulate thought marriage will be done in CA and so they gave 221g to submit earlier documents.

Also wants to know how long will it take for them to reply back after submitting documents.

[sadavis5 46]

baron555 is right - it will be a week to a year for them to reply back to you.

[Ebunoluwa 6,136]

I would go with a 1. and 2. combo :

The CO worded he wanted a CA judge consent so I would do exactly that and not go the Las Vegas route.

Then submit another notarized written consent from her legal guardians.