Starting the process before 18th birthday?

[Joseph and NetNet 0]

Hello! This is my first post here on the forums, though I've lurked a bit and the guides have been very helpful.

I've been living in Jagna, Bohol, Philippines with a friend since November. Fell in love with one of my friend's cousins, NetNet, and we've been engaged for a few months now. Still always have a chaperone though...

I'll be heading back to the US in a week ( ), and we will be filing for a K1 for NetNet. The question arises from the fact that she doesn't turn 18 until mid-July. Can we file before then, since it will take several months and she will be 18 before the process finishes? Work will likely keep me in the US, and I don't have the money to fly back and forth often anyways, so the next time NetNet and I can be together will likely be when she can come over to the US...

I suspect that the signatures wouldn't be valid until she's 18, but if anyone knows if it is possible to start the process before then...

Thank you

[Anh map 2,098]

Is she legally able to marry prior to turning 18? If not, then I don't believe that your fiance can submit the intent to marry statement that is required with initial I-129F petition until her 18th birthday.

Also, have you reviewed the affidavit of support requirements for the K visa and the Adjustment of Status? I have seen differing statements regarding acceptance of co-sponsors for K visas at th Manila Consulate.

Do some checking in the PI regional forum for the latest answers to the 2 questions that I raised.

[Joseph and NetNet 0]

Is she legally able to marry prior to turning 18?

In the Philippines 18 is required to marry (with written consent of parents).

If not, then I don't believe that your fiance can submit the intent to marry statement that is required with initial I-129F petition until her 18th birthday.

That's what I suspected myself.

Also, have you reviewed the affidavit of support requirements for the K visa and the Adjustment of Status? I have seen differing statements regarding acceptance of co-sponsors for K visas at th Manila Consulate.

Do some checking in the PI regional forum for the latest answers to the 2 questions that I raised.

Thanks for the heads up, I had missed that there was a PI regional forum here

[lovica_l 0]

you guys are getting married in usa, not Philippines so Philippines law really doesnt matter, usa is not 18, it can be under 18, with parental consent, she is legally free to marry,if her paernts will give her a written consent

[Candy_Vince 0]

Hi Joseph and NetNet ,

As far as I know , 21 is the legal age to get marry in the but she still needs to get a parents consent ..

[James and Megan 0]

For the United States of America the legal age is 18, that is when you become a legal adult. If you want to get married before you turn 18 you will have to have a legal guardians signature.

But to answer your question, i'm really not to sure. Perhaps ask an Immigration Attorney, or phone the embassy? They will probably be able to answer your question better.

[Joseph and NetNet 0]

We've talked to a lawyer here about the age requirement for marriage in the Philippines. 18-21 requires parental consent in writing. 21-25 requires much the same thing. (Since if the parent didn't want the marriage to happen, they could just refuse to give the "parental advice".) The US State Dept website lists the same requirements.

http://travel.state.gov/law/citizenship/citizenship_757.html

Marriage applicants who are age 18 to 21 must have parental consent in writing, those age 21 to 25 must have written parental advice (a written indication that the parents are aware of the couple's intent to marry). The revised Family Code of the Philippines, which took effect on August 4, 1988, prohibits marriage for individuals below the age of 18.

I'm not sure if it's the Philippine law that matters, or the US (Utah, which is 16 with parental consent), or both. This is more a question of whether the I-129F (G-325A and Intent to marry documents) to USCIS will be invalid if NetNet is not 18 when they are signed and submitted. In any case she's going to be 18 well before she gets the K1 visa and we can marry.

Edited April 16, 2009 by Joseph and NetNet

[RDDIXON 0]

In my opinion, you should wait for her to become 18 first, then file your paperwork so that there is no hasssle.

GOOD LUCK...

[dale_trisha 3]

18 is what you need. You will need to also follow Phil law thus the written consent from the parents for the CFO seminar. She can get the form by bringing the parents to the local cival registrar.

[Gary and Alla 3,694]

Hello! This is my first post here on the forums, though I've lurked a bit and the guides have been very helpful.

I've been living in Jagna, Bohol, Philippines with a friend since November. Fell in love with one of my friend's cousins, NetNet, and we've been engaged for a few months now. Still always have a chaperone though...

I'll be heading back to the US in a week ( ), and we will be filing for a K1 for NetNet. The question arises from the fact that she doesn't turn 18 until mid-July. Can we file before then, since it will take several months and she will be 18 before the process finishes? Work will likely keep me in the US, and I don't have the money to fly back and forth often anyways, so the next time NetNet and I can be together will likely be when she can come over to the US...

I suspect that the signatures wouldn't be valid until she's 18, but if anyone knows if it is possible to start the process before then...

Thank you

One of the qualifications for the K-1 visa is that both parties be legally able to marry in the United States PRIOR to filing the petition. In general that would mean NO, you cannot. If your state allows a person to marry before age 18 or with parent permission and she has parent permission, then maybe, yes. The fee is non-refundable. If you were denied it would not prevent you from re-filing.

Option 2. She can legally be married in her country?...marry her there and file for a K-3. It will take a bit longer but so will waiting for her birthday

[Joseph and NetNet 0]

18 is what you need. You will need to also follow Phil law thus the written consent from the parents for the CFO seminar. She can get the form by bringing the parents to the local cival registrar.

Thanks for the info

One of the qualifications for the K-1 visa is that both parties be legally able to marry in the United States PRIOR to filing the petition. In general that would mean NO, you cannot. If your state allows a person to marry before age 18 or with parent permission and she has parent permission, then maybe, yes. The fee is non-refundable. If you were denied it would not prevent you from re-filing.

In Utah, where we will be living, she would legally be able to marry with parental consent. (16-18 with parental consent.)

Option 2. She can legally be married in her country?...marry her there and file for a K-3. It will take a bit longer but so will waiting for her birthday

In the Philippines the requirement to marry is 18 with parental consent. So we'd have to wait for the birthday anyways.

[pushbrk 12,979]

18 is what you need. You will need to also follow Phil law thus the written consent from the parents for the CFO seminar. She can get the form by bringing the parents to the local cival registrar.

Thanks for the info

One of the qualifications for the K-1 visa is that both parties be legally able to marry in the United States PRIOR to filing the petition. In general that would mean NO, you cannot. If your state allows a person to marry before age 18 or with parent permission and she has parent permission, then maybe, yes. The fee is non-refundable. If you were denied it would not prevent you from re-filing.

In Utah, where we will be living, she would legally be able to marry with parental consent. (16-18 with parental consent.)

Option 2. She can legally be married in her country?...marry her there and file for a K-3. It will take a bit longer but so will waiting for her birthday

In the Philippines the requirement to marry is 18 with parental consent. So we'd have to wait for the birthday anyways.

Bear in mind, she'll need the parental consent in the PI anyway to get through the required CFO seminar. If you're sure her parenets will sign the needed consent for CFO, I'd just get everything ready and file on the 18th birthday.

[Joseph and NetNet 0]

Bear in mind, she'll need the parental consent in the PI anyway to get through the required CFO seminar. If you're sure her parenets will sign the needed consent for CFO, I'd just get everything ready and file on the 18th birthday.

No problem there. Get along well with the parents. They had me over for the weekend to have a talk about taking good care of their daughter once she's in the US. (Though I'll admit I was a bit nervous for a few days last week after NetNet told me, "My parents said we need to have a talk..." )

Is the parental consent only necessary on the PI side of things? The guides don't mention it for the I-129f paperwork in the US.

[daboyz 36]

Hello! This is my first post here on the forums, though I've lurked a bit and the guides have been very helpful.

I've been living in Jagna, Bohol, Philippines with a friend since November. Fell in love with one of my friend's cousins, NetNet, and we've been engaged for a few months now. Still always have a chaperone though...

I'll be heading back to the US in a week ( ), and we will be filing for a K1 for NetNet. The question arises from the fact that she doesn't turn 18 until mid-July. Can we file before then, since it will take several months and she will be 18 before the process finishes? Work will likely keep me in the US, and I don't have the money to fly back and forth often anyways, so the next time NetNet and I can be together will likely be when she can come over to the US...

I suspect that the signatures wouldn't be valid until she's 18, but if anyone knows if it is possible to start the process before then...

Thank you

One of the qualifications for the K-1 visa is that both parties be legally able to marry in the United States PRIOR to filing the petition. In general that would mean NO, you cannot. If your state allows a person to marry before age 18 or with parent permission and she has parent permission, then maybe, yes. The fee is non-refundable. If you were denied it would not prevent you from re-filing.

Option 2. She can legally be married in her country?...marry her there and file for a K-3. It will take a bit longer but so will waiting for her birthday

If you get married, don't file K-3. File CR-1. Much better visa, and it only takes about a month longer.

[Kathlyn and Tim 0]

In my opinion, you should wait for her to become 18 first, then file your paperwork so that there is no hasssle.

GOOD LUCK...

This is what I would also suggest. Then the Visa people will have no questions.