Age requirement for K1

[pushbrk 13,945]

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?

That is not the reason the Consulate requires the certification. It is required for K1, because it is available and being currently free to marry is a requirement for the K1 fiance visa. It's similar to the "CENOMAR" required in Manila for a K1.

"Certificate of Marrriageability" is an entirely different animal that is required of a foreigner before marrying a Chinese citizen in China.

[pushbrk 13,945]

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?

I think she should do one or the other but being denied a student visa generally has no impact on a fiance petition. In the circumstance you describe, I'd be afraid the Consulate would think you were attempting visa fraud.

Clearly, she intends to immigrate. Of course she can have two visas in her passport. For instance if she already had an F1 when the K1 process started, the Consulate would cancel the F1 when they issued the K1.

[JKD_88 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

I'm in the same boat, my fiance is 17 and I am 19 what you can do is what we're doing. Make sure she gets emancipated as soon as possible. That way she is free to marry.

[athena_ny 1]

I'm in the same boat, my fiance is 17 and I am 19 what you can do is what we're doing. Make sure she gets emancipated as soon as possible. That way she is free to marry.

I suspect that's much easier done in Brazil than China.

I would think so, too.

[pushbrk 13,945]

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've talked to my wife and daughter about this and have some additional information and opinion from them.

I think the first thing to do is verify whether the Consulate will make an exception for a woman this young and go ahead without a single certificate. If they will, then the process is relatively simple. Just go for it. She can get a passport at age 18 without parental assistance, if she doesn't already have one. No passport is needed at petition filing.

If not....

Birth certificates are fairly commonly changed or reissued with family support. Our daughter's was reissued to make her two months older, so she could enroll in school a year earlier. This was never corrected later, so her paperwork all has the wrong birthdate. Another consideration is how the Chinese calculate age. What is most common is on day 366 of life, they are referred to as age 2. Hopefully, this girl's birth certificate doesn't reflect age 16 instead of 17.

If there is an error in the birth certificate, it can be corrected or one issued with the "preferred" date, by going to the local police station. There may be an extra "fee" and an inside connection needed. Another option is to leave the birth certificate alone and simply arrange similarly to obtain the single certificate from the police station. The Gong Zheng Chu then only serves as the official translator.

She must prove she is 20 to marry in the PRC, parental permission or not. If Mama and Baba attest to a date of birth, a certificate can be issued showing that date.

Whether we like it or not, getting around the law is pretty common in the PRC but it takes some connections and money. My wife's family has no shortage of connections and amply money, so what they can do in there city, may not match what somebody else can do in Shanghai. For instance, we had no problem arranging with the district supervisor to jump ahead of others and get some documents translated in preparation for our marriage. I didn't realize what was happening until I witnessed my wife hand over a second "fee" at the back door door of the translation office when she picked up the papers. We needed more the next day, so they left the foreigner in the hotel while they made the arrangements.

[Kez/JWolf 6]

I am astonished that anyone would post information on this board that is encouraging someone to get a birth certificate falsified so that an underage person can get a visa.... if she is not 20 then she can not marry... makes no diffrence how old the petitioner is.... to encourage people to get official documents altered is against TOS....

Kez

[LaL 418]

I am astonished that anyone would post information on this board that is encouraging someone to get a birth certificate falsified so that an underage person can get a visa.... if she is not 20 then she can not marry... makes no diffrence how old the petitioner is.... to encourage people to get official documents altered is against TOS....

Kez

I am not sure if a member is stating specifically the birth certificate has been falsified. He indicated an ID. That said, I am going to provide the vanilla but very important response in warning:

Be careful about giving advice that can be interpreted as a violation of immigration law. Making a material misrepresentation, by omission as well as by commision, is a a serious offense.

[athena_ny 1]

I am astonished that anyone would post information on this board that is encouraging someone to get a birth certificate falsified so that an underage person can get a visa.... if she is not 20 then she can not marry... makes no diffrence how old the petitioner is.... to encourage people to get official documents altered is against TOS....

Kez

[Captain Ewok 1,930]

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've talked to my wife and daughter about this and have some additional information and opinion from them.

I think the first thing to do is verify whether the Consulate will make an exception for a woman this young and go ahead without a single certificate. If they will, then the process is relatively simple. Just go for it. She can get a passport at age 18 without parental assistance, if she doesn't already have one. No passport is needed at petition filing.

If not....

Birth certificates are fairly commonly changed or reissued with family support. Our daughter's was reissued to make her two months older, so she could enroll in school a year earlier. This was never corrected later, so her paperwork all has the wrong birthdate. Another consideration is how the Chinese calculate age. What is most common is on day 366 of life, they are referred to as age 2. Hopefully, this girl's birth certificate doesn't reflect age 16 instead of 17.

If there is an error in the birth certificate, it can be corrected or one issued with the "preferred" date, by going to the local police station. There may be an extra "fee" and an inside connection needed. Another option is to leave the birth certificate alone and simply arrange similarly to obtain the single certificate from the police station. The Gong Zheng Chu then only serves as the official translator.

She must prove she is 20 to marry in the PRC, parental permission or not. If Mama and Baba attest to a date of birth, a certificate can be issued showing that date.

Whether we like it or not, getting around the law is pretty common in the PRC but it takes some connections and money. My wife's family has no shortage of connections and amply money, so what they can do in there city, may not match what somebody else can do in Shanghai. For instance, we had no problem arranging with the district supervisor to jump ahead of others and get some documents translated in preparation for our marriage. I didn't realize what was happening until I witnessed my wife hand over a second "fee" at the back door door of the translation office when she picked up the papers. We needed more the next day, so they left the foreigner in the hotel while they made the arrangements.

In no way should anyone suggest a possible violation of any country's law to obtain immigration benefits. This is a violation of the TOS regardless of if the practice is allegedly common place or not.

[athena_ny 1]

I am astonished that anyone would post information on this board that is encouraging someone to get a birth certificate falsified so that an underage person can get a visa.... if she is not 20 then she can not marry... makes no diffrence how old the petitioner is.... to encourage people to get official documents altered is against TOS....

Kez

I am not sure if a member is stating specifically the birth certificate has been falsified. He indicated an ID. That said, I am going to provide the vanilla but very important response in warning:

Be careful about giving advice that can be interpreted as a violation of immigration law. Making a material misrepresentation, by omission as well as by commision, is a a serious offense.

I think it was more the other member suggesting they pay to get things altered that set Kezzie off.

Anyway. Ewok and you addressed it so I suppose it doesn't need further discussion.

[pushbrk 13,945]

I am astonished that anyone would post information on this board that is encouraging someone to get a birth certificate falsified so that an underage person can get a visa.... if she is not 20 then she can not marry... makes no diffrence how old the petitioner is.... to encourage people to get official documents altered is against TOS....

Kez

I am not sure if a member is stating specifically the birth certificate has been falsified. He indicated an ID. That said, I am going to provide the vanilla but very important response in warning:

Be careful about giving advice that can be interpreted as a violation of immigration law. Making a material misrepresentation, by omission as well as by commision, is a a serious offense.

I completely agree. Since we don't know the actual age, I have no way to know whether any changes to documents already stated to be incorrect, would be a violation of law or misrepresentation. Birth records are generally the purvue of of the family in China because many births are not officially recorded.

My point was, the official date of birth is what the parents say it is. Her identification has the wrong birthdate, so it can be corrected.

[wlchan 0]

I talked with the parent and she says the age cannot be changed so I can't do anything in that department.

After hearing how long it'll take the K1 process, I'm starting to lean more towards K3 now. She told me she got some new id that lets her go HK anytime she wants, so traveling there won't be a problem. Just to give you guys a little more understanding of my situation, she is finishing high school at the beginning of next year and I want her to come to college by August of 08. If I was to get married in HK by Jan 15 of 08, will she make it in time to start the fall semester of college?

My other option I was thinking about is first get married in HK. Then apply for the F1 student visa for the summer of 08. If all goes well, she comes over in May to study English as a Foreign Language program and then we start applying for the K3 visa. If it doesn't go well, we'll have to start the K3 right after she is denied the F1....then there is no way she'll be able to make it by Fall of 08. Oh, a little more background is that she was denied a visitor's visa last year and her toefl score was a 51. I heard somewhere that the higher the score, the better chance you have of getting a student visa.

So should I go straight for the K3, go for the F1 then K3, or do you guys still think I should go for the K1?

Another question, if she comes over as a permanent resident, does she need a toefl score to get into college or does she have the same requirements as US citizen (SAT and High School transcript)?

[sarah and hicham 3]

I seriously doubt that she would be here by next fall if you get married in Jan 08. If I were you, I would stick with the K-1 route but that's just me.

[AnewKINDofFEELIN 0]

So should I go straight for the K3, go for the F1 then K3, or do you guys still think I should go for the K1?

Another question, if she comes over as a permanent resident, does she need a toefl score to get into college or does she have the same requirements as US citizen (SAT and High School transcript)?

She cannot come to the US on a student visa with the intent of getting married and staying. If they do at any time find out that she came on a student visa with the ultimate intent to marry you, the K-1 visa will be denied and they may also decide to revoke the student VISA, as it was obtained fraudulently. You're really pushing the legal limits in your scenarios and I would not recommend it.

Edited December 18, 2007 by AnewKINDofFEELIN

[HKcouple 0]

Hey there,

My fiancee is in Hong Kong. She can't speak good English nor understand a whole lot. And I believe all foreign have to take the Toefl test to enter college. As least thats what happen with each one of my international friends.

But if I were you, I would go for the K1 visa and get that sent out before Christmas. There's a chance for you two to be together during months of 7-8-9-10. OR that's what I'm hoping for. We filed our K1 on December 12 and we should get a clearance on the check this week sometimes. I filed at VSC so I'm not sure if it's better than CSC or any other SC. Best of luck to you. Keep in contact.

Tanffy