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Posted
[/size]my fiance is 18, but she is from Philippines. Her family never registered her birth till 2005. When they did her sister filled out the form put down wrong birthday. She put 1992 instead of 1990. This is now offical with nso. This also only makes her 16. Needless to say i am quiet a bit older than her. I live in New York and it is legal to marry at 16 here with parents permission. I know that this is not a problem. My problem i want to know about is can i still apply for fiance visa for her since now she is listed as only 16 going 17? Please help.
Filed: Citizen (apr) Country: Ukraine
Timeline
Posted
[/size]my fiance is 18, but she is from Philippines. Her family never registered her birth till 2005. When they did her sister filled out the form put down wrong birthday. She put 1992 instead of 1990. This is now offical with nso. This also only makes her 16. Needless to say i am quiet a bit older than her. I live in New York and it is legal to marry at 16 here with parents permission. I know that this is not a problem. My problem i want to know about is can i still apply for fiance visa for her since now she is listed as only 16 going 17? Please help.

There is no specific age mentioned in the procedure. You must be leaglly able to marry. And you must show that. If you intend to marry a 16 year old in New York, you must have her parents permission. If I am not mistaken, Phillipines requires parents permission of your fiancee to leave the country (or get married) if under age 21. All necessary documents must be submitted with the petition

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Posted

The issue will not be in NY but rather getting through CFO in the Philippines since she is not 18 by the BirthCertificate. It would be a long road but you might want to pursue getting the birth cert changed.

Love forever,

Dale & Trisha

Married: 9/29/2008

K3 Visa

POE-MSP: 3/13/2009

AOS/EAD

Greencard received: 08/29/2009

Removal of Conditions:

Approved: 10/20/2011

Citizenship

9/19/2012

Filed: Country: Philippines
Timeline
Posted

Commission on Filipinos Overseas is a part of the Department of Foreign Affairs. Any Filipino K1 should be familiar with them. The CFO has a mandatory seminar that all K1s must take before being allowed to leave the country.

08/28/2004 Engaged

09/22/2004 I-129F submitted

10/01/2004 I-129F Approved

12/15/2004 K1 Issued

12/30/2004 Arrival in US

02/19/2005 Married

01/30/2006 Conditional Green Card Approved

01/15/2008 Conditions Removed and 10 Year Card Issued

03/28/2009 N-400 mailed to Lockbox

07/17/2009 Interview Denver USCIS office RECOMMENDED FOR APPROVAL

08/28/2009 Naturalization Ceremony - US District Court - Denver, Colorado[/b][/u]

09/04/2009 Applied for passport

09/22/2009 Passport approved and mailed

09/24/2009 Passport received

08/26/2009 Naturalization Certificate and Name Change Petition arrive back from State Department

Posted

Would it not be simpler for her family to correct her records in the PI first?

Birth certificate follows you around for, well, life.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: Country: Philippines
Timeline
Posted (edited)

My wife has a friend in a similar situation. The friend cannot even apply for a visa because the birth cert doesn't match the information on other records. She'll need to get the certificate corrected, which is not an easy thing to do in the Philippines apparently, but she really doesn't have a choice.

Edited by jsnearline

08/28/2004 Engaged

09/22/2004 I-129F submitted

10/01/2004 I-129F Approved

12/15/2004 K1 Issued

12/30/2004 Arrival in US

02/19/2005 Married

01/30/2006 Conditional Green Card Approved

01/15/2008 Conditions Removed and 10 Year Card Issued

03/28/2009 N-400 mailed to Lockbox

07/17/2009 Interview Denver USCIS office RECOMMENDED FOR APPROVAL

08/28/2009 Naturalization Ceremony - US District Court - Denver, Colorado[/b][/u]

09/04/2009 Applied for passport

09/22/2009 Passport approved and mailed

09/24/2009 Passport received

08/26/2009 Naturalization Certificate and Name Change Petition arrive back from State Department

Posted

As an earlier posted CFO is required. Your fiancee will not be allowed to leave the philippines without a stamp from CFO that goes into her passport. So you have 2 options. Wait until she is 18 by the BC or get the BC corrected. Not great news either way.

Love forever,

Dale & Trisha

Married: 9/29/2008

K3 Visa

POE-MSP: 3/13/2009

AOS/EAD

Greencard received: 08/29/2009

Removal of Conditions:

Approved: 10/20/2011

Citizenship

9/19/2012

Posted
Wow, how do you know for sure she isn't really 16.... really no way to tell so just consider her 16 and do what is needed to marry a 16 year old.

I agree here. No way to know.

------- ROC ---------------

06.29.2011 Mailed I-751

09.22.2011 RFE

Posted
[/size]my fiance is 18, but she is from Philippines. Her family never registered her birth till 2005. When they did her sister filled out the form put down wrong birthday. She put 1992 instead of 1990. This is now offical with nso. This also only makes her 16. Needless to say i am quiet a bit older than her. I live in New York and it is legal to marry at 16 here with parents permission. I know that this is not a problem. My problem i want to know about is can i still apply for fiance visa for her since now she is listed as only 16 going 17? Please help.

i would suggest to have your fiancee's BC corrected because NSO is a record keeper of Local Registrar... so meaning she should go to the Local Registrar and try to check what is her original birthdate and if it is 1992 then she should change it to 1992... all she needs to do is to go her place go to their local registrar then tell the case... show the NSO paper and the head of the registrar will advice on what to do. the local registrar can make a letter to NSO to have it changed just that your fiancee needs to request or petition it from NSO with the correct birthdate... plus attached all documents that will supplement the correct Birthdate. It will take like 3-6 months for the approval with the annotated NSO BC. there are also fees for that. God Luck :)

August 6, 2009 - AOS Sent together with EAD and AP
August 17, 2009 - Received NOAs of AOS, EAD and AP
Sept. 15, 2009 - Biometrics Appointment
Sept. 24, 2009 - Received E-mail approval notice for EAD and AP
October 2, 2009 - AP on hand
October 3, 2009 - EAD card on hand
November 12, 2009 - Interview Date / Approved
November 23, 2009 - Green Card Received

March 21, 2012 - Lifting Conditions

May 22, 2013 - Citizenship

Posted
[/size]my fiance is 18, but she is from Philippines. Her family never registered her birth till 2005. When they did her sister filled out the form put down wrong birthday. She put 1992 instead of 1990. This is now offical with nso. This also only makes her 16. Needless to say i am quiet a bit older than her. I live in New York and it is legal to marry at 16 here with parents permission. I know that this is not a problem. My problem i want to know about is can i still apply for fiance visa for her since now she is listed as only 16 going 17? Please help.

How old are you?

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

 
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