Age requirement for K1

[wlchan 0]

Hi,

I'm just starting the K1 process for my fiance in China and I have a few questions I would like to ask. First of all, she is only 17 right now, but will be turning 18 in February. The laws here in North Carolina say that you must have the guardian's consent if you are under the age of 18 (she will be 18 by the time she gets her visa). My question is can I file for the K1 right now or do I have to wait until she turns 18? Or do I just need her parent to sign some document allowing her to marry?

I know you can file some form that allows her to be able to work in the US, but what about if she wanted to go to college? Do you think it'll be possible for her to attend a summer session that starts at the end of May if I send the I-129F form out before January? I know the time line will be really hard to predict, but I need to know if I should apply for colleges (if possible) on her behalf.

Thanks,

wlchan

[wlchan 0]

*EDIT ok

You and your fiance must both be free to marry at the time you file the petition.

Edited December 17, 2007 by wlchan

[YuAndDan 153]

One thing that will hang you at the consulate in Guangzhou is the requirement for your fiancee to provide a "Certificate of Marriageability" for the interview, she will have to get one from her local Notary office, and they will not issue one to a woman under age 20 the legal minimum marriage age for a woman in China.

Are there any restrictions on who I can marry?

The eligibility age is generally 22 for men and 20 for women. Certain categories of Chinese citizens, such as diplomats, security officials, and others whose work is considered to be crucial to the state, are not legally free to marry foreigners. Chinese students generally are permitted to marry if all the requirements are met, but they can expect to be expelled from school as soon as they do. American citizens wishing to marry Chinese students should bear this in mind. It also should be noted that at least one school has required Chinese students to reimburse the school for uncharged tuition and other expenses upon withdrawal for the purpose of marriage to a foreigner.

http://guangzhou.usembassy-china.org.cn/in...d_in_china.html

For more Chinese specific immigrations info you may want to join, "A Candle for Love" http://candleforlove.com

[pushbrk 13,945]

One thing that will hang you at the consulate in Guangzhou is the requirement for your fiancee to provide a "Certificate of Marriageability" for the interview, she will have to get one from her local Notary office, and they will not issue one to a woman under age 20 the legal minimum marriage age for a woman in China.

Are there any restrictions on who I can marry?

The eligibility age is generally 22 for men and 20 for women. Certain categories of Chinese citizens, such as diplomats, security officials, and others whose work is considered to be crucial to the state, are not legally free to marry foreigners. Chinese students generally are permitted to marry if all the requirements are met, but they can expect to be expelled from school as soon as they do. American citizens wishing to marry Chinese students should bear this in mind. It also should be noted that at least one school has required Chinese students to reimburse the school for uncharged tuition and other expenses upon withdrawal for the purpose of marriage to a foreigner.

http://guangzhou.usembassy-china.org.cn/in...d_in_china.html

For more Chinese specific immigrations info you may want to join, "A Candle for Love" http://candleforlove.com

That's the sticky wicket, isn't it? I'm of the mind that if it weren't for that or if the Consulate would issue a visa without it, you could go ahead and file. You need not marry in your State of Residence, but there must be some State where you can, in order to satisfy the Consulate. By that time, she'll be 18 anyway.

If the Consulate confirms they must have the single certificate, then you'll need to wait or investigate the ramifications of marrying in China as Dan noted above.

[YuAndDan 153]

I know you can file some form that allows her to be able to work in the US, but what about if she wanted to go to college? Do you think it'll be possible for her to attend a summer session that starts at the end of May if I send the I-129F form out before January? I know the time line will be really hard to predict, but I need to know if I should apply for colleges (if possible) on her behalf.

Secondly hypothetically if she can get a marriageability cert for interview, your timeline estimate is very optimistic.

USCIS is taking upwards of 4 months to approve I-129F, then 4-8 weeks to get through NVC and sent on to consulate, Guangzhou is taking 3-4 months to "receive" the petition, (They have to wait for cases to clear customs, and then they store the cases until they are ready to handle them.) SO best estimate is 9-11 months from I-129F filing to visa interview. Look at my timeline, 8 months and ours was processed when there was no massive back log at USCIS.

Edited December 17, 2007 by YuAndDan

[pushbrk 13,945]

I know you can file some form that allows her to be able to work in the US, but what about if she wanted to go to college? Do you think it'll be possible for her to attend a summer session that starts at the end of May if I send the I-129F form out before January? I know the time line will be really hard to predict, but I need to know if I should apply for colleges (if possible) on her behalf.

Secondly hypothetically if she can get a marriageability cert for interview, your timeline estimate is very optimistic.

USCIS is taking upwards of 4 months to approve I-129F, then 4-8 weeks to get through NVC and sent on to consulate, Guangzhou is taking 3-4 months to "receive" the petition, (They have to wait for cases to clear customs, and then they store the cases until they are ready to handle them.) SO best estimate is 9-11 months from I-129F filing to visa interview. Look at my timeline, 8 months and ours was processed when there was no massive back log at USCIS.

Yeah, I think you would be extremely fortunate to get her here in time for a late September semester start. January 2009 is a more realistic goal in the current immigration climate. We also had a 7.5 month K visa process in 2006 but it was an exception for China and this is not 2006.

[Alt name 1]

(Locking away my teenage daughter)

[YuAndDan 153]

Yikes.

The obvious next question is, how common are exceptions to this requirement? If exceptions aren't made, what are the odds he could pay a...um..."fine" to a notary for this document? (this is common in the FSU when "sticky wickets" like this come up, just wondering.)

Guangzhou is one of the hardest consulates to deal with, they look for the smallest detail to pick at to deny the visa, they will at least issue a Blue-Slip requesting the Marriageability Cert.

[pushbrk 13,945]

Yikes.

The obvious next question is, how common are exceptions to this requirement? If exceptions aren't made, what are the odds he could pay a...um..."fine" to a notary for this document? (this is common in the FSU when "sticky wickets" like this come up, just wondering.)

Guangzhou is one of the hardest consulates to deal with, they look for the smallest detail to pick at to deny the visa, they will at least issue a Blue-Slip requesting the Marriageability Cert.

There's no point in getting that far along, of course. I had in mind emailing the Consulate with the specific question, asking if they will make an exception and issue a visa to an 18 year old woman without a single certificate. Their answer will provide guidance for any next steps.

Depending on which Gong Zheng Chu, she and her parents may well be able to get a certificate issued anyway. In fact, if she doesn't already have a Notarial birth certificate, you might find out she's already 20 anyway. That would be my next step if the Consulate answers no. Or, you could try both consecutively.

[wlchan 0]

One thing that will hang you at the consulate in Guangzhou is the requirement for your fiancee to provide a "Certificate of Marriageability" for the interview, she will have to get one from her local Notary office, and they will not issue one to a woman under age 20 the legal minimum marriage age for a woman in China.

Are there any restrictions on who I can marry?

The eligibility age is generally 22 for men and 20 for women. Certain categories of Chinese citizens, such as diplomats, security officials, and others whose work is considered to be crucial to the state, are not legally free to marry foreigners. Chinese students generally are permitted to marry if all the requirements are met, but they can expect to be expelled from school as soon as they do. American citizens wishing to marry Chinese students should bear this in mind. It also should be noted that at least one school has required Chinese students to reimburse the school for uncharged tuition and other expenses upon withdrawal for the purpose of marriage to a foreigner.

http://guangzhou.usembassy-china.org.cn/in...d_in_china.html

For more Chinese specific immigrations info you may want to join, "A Candle for Love" http://candleforlove.com

How do I get around this? Why would the consulate want a "Certificate of Marriageability" from china when she is going to get married here in the US (following the US rules)?

I know you can file some form that allows her to be able to work in the US, but what about if she wanted to go to college? Do you think it'll be possible for her to attend a summer session that starts at the end of May if I send the I-129F form out before January? I know the time line will be really hard to predict, but I need to know if I should apply for colleges (if possible) on her behalf.

Secondly hypothetically if she can get a marriageability cert for interview, your timeline estimate is very optimistic.

USCIS is taking upwards of 4 months to approve I-129F, then 4-8 weeks to get through NVC and sent on to consulate, Guangzhou is taking 3-4 months to "receive" the petition, (They have to wait for cases to clear customs, and then they store the cases until they are ready to handle them.) SO best estimate is 9-11 months from I-129F filing to visa interview. Look at my timeline, 8 months and ours was processed when there was no massive back log at USCIS.

LOL, I was thinking about enrolling her into college in summer of 2008. I guess I was being too optimistic. Would filing for a K3 be any faster than the 9-11 months for the K1 process? I know we can't marry in china because of the age limit, but we could always go to Hong Kong and marry there. They would allow the marriage, but require the parent's consent. I guess another question from this would be, if we do marry in HK, would she have any problems since she is from China?

Yeah, I think you would be extremely fortunate to get her here in time for a late September semester start. January 2009 is a more realistic goal in the current immigration climate. We also had a 7.5 month K visa process in 2006 but it was an exception for China and this is not 2006.

LOL, I was thinking about enrolling her into college in summer of 2008. I guess I was being too optimistic. Would filing for a K3 be any faster than the 9-11 months for the K1 process? I know we can't marry in china because of the age limit, but we could always go to Hong Kong and marry there. They would allow the marriage, but require the parent's consent. I guess another question from this would be, if we do marry in HK, would she have any problems since she is from China?

(Locking away my teenage daughter)

There is a more to her than being 17, but I can't give any details.....all I can say is this is typical in China ;-)

Yikes.

The obvious next question is, how common are exceptions to this requirement? If exceptions aren't made, what are the odds he could pay a...um..."fine" to a notary for this document? (this is common in the FSU when "sticky wickets" like this come up, just wondering.)

Guangzhou is one of the hardest consulates to deal with, they look for the smallest detail to pick at to deny the visa, they will at least issue a Blue-Slip requesting the Marriageability Cert.

She is from Shanghai so I don't know which consulate she would be going to.

[Donna A 4]

also have u met her in person yet?

[pushbrk 13,945]

One thing that will hang you at the consulate in Guangzhou is the requirement for your fiancee to provide a "Certificate of Marriageability" for the interview, she will have to get one from her local Notary office, and they will not issue one to a woman under age 20 the legal minimum marriage age for a woman in China.

Are there any restrictions on who I can marry?

The eligibility age is generally 22 for men and 20 for women. Certain categories of Chinese citizens, such as diplomats, security officials, and others whose work is considered to be crucial to the state, are not legally free to marry foreigners. Chinese students generally are permitted to marry if all the requirements are met, but they can expect to be expelled from school as soon as they do. American citizens wishing to marry Chinese students should bear this in mind. It also should be noted that at least one school has required Chinese students to reimburse the school for uncharged tuition and other expenses upon withdrawal for the purpose of marriage to a foreigner.

http://guangzhou.usembassy-china.org.cn/in...d_in_china.html

For more Chinese specific immigrations info you may want to join, "A Candle for Love" http://candleforlove.com

How do I get around this? Why would the consulate want a "Certificate of Marriageability" from china when she is going to get married here in the US (following the US rules)?

I know you can file some form that allows her to be able to work in the US, but what about if she wanted to go to college? Do you think it'll be possible for her to attend a summer session that starts at the end of May if I send the I-129F form out before January? I know the time line will be really hard to predict, but I need to know if I should apply for colleges (if possible) on her behalf.

Secondly hypothetically if she can get a marriageability cert for interview, your timeline estimate is very optimistic.

USCIS is taking upwards of 4 months to approve I-129F, then 4-8 weeks to get through NVC and sent on to consulate, Guangzhou is taking 3-4 months to "receive" the petition, (They have to wait for cases to clear customs, and then they store the cases until they are ready to handle them.) SO best estimate is 9-11 months from I-129F filing to visa interview. Look at my timeline, 8 months and ours was processed when there was no massive back log at USCIS.

LOL, I was thinking about enrolling her into college in summer of 2008. I guess I was being too optimistic. Would filing for a K3 be any faster than the 9-11 months for the K1 process? I know we can't marry in china because of the age limit, but we could always go to Hong Kong and marry there. They would allow the marriage, but require the parent's consent. I guess another question from this would be, if we do marry in HK, would she have any problems since she is from China?

Yeah, I think you would be extremely fortunate to get her here in time for a late September semester start. January 2009 is a more realistic goal in the current immigration climate. We also had a 7.5 month K visa process in 2006 but it was an exception for China and this is not 2006.

LOL, I was thinking about enrolling her into college in summer of 2008. I guess I was being too optimistic. Would filing for a K3 be any faster than the 9-11 months for the K1 process? I know we can't marry in china because of the age limit, but we could always go to Hong Kong and marry there. They would allow the marriage, but require the parent's consent. I guess another question from this would be, if we do marry in HK, would she have any problems since she is from China?

(Locking away my teenage daughter)

There is a more to her than being 17, but I can't give any details.....all I can say is this is typical in China ;-)

Yikes.

The obvious next question is, how common are exceptions to this requirement? If exceptions aren't made, what are the odds he could pay a...um..."fine" to a notary for this document? (this is common in the FSU when "sticky wickets" like this come up, just wondering.)

Guangzhou is one of the hardest consulates to deal with, they look for the smallest detail to pick at to deny the visa, they will at least issue a Blue-Slip requesting the Marriageability Cert.

She is from Shanghai so I don't know which consulate she would be going to.

All spouse and fiance visas from China go through Guangzhou. A K3 isn't faster particularly since you need to arrange the marriage first. If her parents approve, I think the single certificate is worth checking into.

[wlchan 0]

also have u met her in person yet?

Yes I have. We first met in 2004 and kept in contact for a year. Then we met in August of 07 and realized we have feelings for each other. I went back at the end of September to see her again. We'll been talking on the phone everyday since August.

[YuAndDan 153]

How do I get around this? Why would the consulate want a "Certificate of Marriageability" from china when she is going to get married here in the US (following the US rules)?

As Pushbrk said email the consulate:

http://www.usembassy-china.org.cn/guangzhou/iv/email.html

LOL, I was thinking about enrolling her into college in summer of 2008. I guess I was being too optimistic. Would filing for a K3 be any faster than the 9-11 months for the K1 process? I know we can't marry in china because of the age limit, but we could always go to Hong Kong and marry there. They would allow the marriage, but require the parent's consent. I guess another question from this would be, if we do marry in HK, would she have any problems since she is from China?

LOL, I was thinking about enrolling her into college in summer of 2008. I guess I was being too optimistic. Would filing for a K3 be any faster than the 9-11 months for the K1 process? I know we can't marry in china because of the age limit, but we could always go to Hong Kong and marry there. They would allow the marriage, but require the parent's consent. I guess another question from this would be, if we do marry in HK, would she have any problems since she is from China?

Yes K-3 through Hong-Kong is a subject that comes up often on Candle for Love, it allows you to get vis processed through the Embassy in Hong Kong which is much faster than Guangzhou. May save you 3 months or so.

http://cflgallery.com/FAQ/CFL_FAQ_DCF_Final1.htm

She is from Shanghai so I don't know which consulate she would be going to.

Only consulate in mainland China that handles IMMIGRANT visas and the NON-Immigrant K-Visas is Guangzhou. Edited December 17, 2007 by YuAndDan

[wlchan 0]

How do I get around this? Why would the consulate want a "Certificate of Marriageability" from china when she is going to get married here in the US (following the US rules)?

As Pushbrk said email the consulate:

http://www.usembassy-china.org.cn/guangzhou/iv/email.html

LOL, I was thinking about enrolling her into college in summer of 2008. I guess I was being too optimistic. Would filing for a K3 be any faster than the 9-11 months for the K1 process? I know we can't marry in china because of the age limit, but we could always go to Hong Kong and marry there. They would allow the marriage, but require the parent's consent. I guess another question from this would be, if we do marry in HK, would she have any problems since she is from China?

LOL, I was thinking about enrolling her into college in summer of 2008. I guess I was being too optimistic. Would filing for a K3 be any faster than the 9-11 months for the K1 process? I know we can't marry in china because of the age limit, but we could always go to Hong Kong and marry there. They would allow the marriage, but require the parent's consent. I guess another question from this would be, if we do marry in HK, would she have any problems since she is from China?

Yes K-3 through Hong-Kong is a subject that comes up often on Candle for Love, it allows you to get vis processed through the Embassy in Hong Kong which is much faster than Guangzhou. May save you 3 months or so.

http://cflgallery.com/FAQ/CFL_FAQ_DCF_Final1.htm

She is from Shanghai so I don't know which consulate she would be going to.

Only consulate in mainland China that handles IMMIGRANT visas and the NON-Immigrant K-Visas is Guangzhou.

Thanks for the link. Hong Kong would be the only way to go if we decide to pursue a K3 visa.

Why would the consulate want a "Certificate of Marriageability" from china when she is going to get married here in the US (following the US rules)?

China has a vested interest in the well-being of their citizens, even if they're leaving the country. If they hold as a value that women should not marry until she is 20, then they're going to want that enforced by the consulate. Think of it this way: would you want the US to allow foreigners to come over and take underage girls to another country for marriage?

Would filing for a K3 be any faster than the 9-11 months for the K1 process? I know we can't marry in china because of the age limit, but we could always go to Hong Kong and marry there. They would allow the marriage, but require the parent's consent. I guess another question from this would be, if we do marry in HK, would she have any problems since she is from China?

Are you sure about this? HK *is* China now. You'll need to research this. (EDIT: nm, previous poster answered)

There is a more to her than being 17, but I can't give any details.....all I can say is this is typical in China ;-)

Just a word of warning: stick to the technicalities of your case. I for one hope you're at least close to her age, but that's your business. The more personal info you give about your relationship, the more people will start injecting their personal opinions and judgements, and the less helpful the advice is going to be. Keep to the technicals.

Oh, I just meant that there was a *mistake* on her id and that she is older than her age. I'll try to keep the personal information out.

I have some more questions for everyone....sorry if the questions have been answered already, but I'm all visa'ed out to do any more searches....

1. Can I apply for a student F1 visa and a fiance K1 visa at the same time?

2. If she is denied for the F1, will that effect her K1 application?

3. If her F1 is accepted and she comes over, can she continue to apply for the K1 or will she have to terminate her pursue for the K1?

4. If her F1 is accepted and she continues forward with the K1, can she really have two different visas on the same passport to the US?