Age requirment for K-1 visa (Girlfriends 17 at the moment)

[Jessie587 0]

Hey all, My girlfriend and I have been planning on getting married soon after she turns 18 this next summer (her birthday will be in April). My plan at the moment is to prepare all the paperwork now, but wait until I go back to mexico this winter to ask her dad's blessing. And if he say's yes(I'm assuming he will) I'm going to send the paperwork off as soon as I get home. My question is wether or not I can start processing the application before she's 18 and if so how? Also, I live in Louisiana if it makes a difference.

Thanks, Jessie

[christeen 966]

There is no "girlfriend" visa... There is a K1 fiancée visa, but she MUST arrive UNMARRIED and you have to get married in the USA... For a spouse visa, then you marry wherever you wish and file for spouse visa... For a fiancé visa, you need to see what the laws of the state in which you live are and see if she is eligible to marry in your state...

[Jessie587 0]

I'm aware of all of that, I've read a ton of information over the past few days. The only thing is I can't find anything on my particular circumstance. In the state of Louisiana you can marry at 17 as long as your sign some stuff giving you permission. However, just because that's allowable in Louisiana doesn't mean that USCIS will except it and I'm wondering what are the exact laws are towards this.

[Harpa Timsah 13,263]

How old are you?

[kehills 217]

You both have to be able to be legally married. In both Mexico and Louisiana, don't you need to have parental permission to marry if you're under 18? As far as I recall, there's nowhere in the packet for "and here's the consent from her father letting us get married, and it's all notarized and legal, honest." In theory, there's a section that says you have to follow the laws of your state re: people who are not of legal age to marry without permission. You'll have to see what Louisiana requires regarding parental permission and go from there.

Thinking "wait until 18" is your answer. (Especially since it's only an additional four months, and thus a lot easier.)

Edited August 29, 2014 by kehills

[Jessie587 0]

Thanks for the reply and I'm 21. I just got off the phone with USCIS and the lady there told me that when the application goes through USCIS it shouldn't raise any red flags. However, it's possible that at the US consult where the application will be sent to there could be an issue. She said that each consulate has different regulations regarding this situation so that I should call them and see if it's allowed and if so what documentation would need to be presented. I'll be calling both the Guadalajara and Monterrey consultants next week to see what they say. I also plan on calling USCIS back twice or three times to make sure other representatives tell me the same thing. I'll keep y'all posted incase anyone comes around in the future with the same question. With all that said, if anyone with personal experience in the same predicament as I'm in happens to see this please leave a comment about how things went for you.

Thanks, Jessie

[sma1488 155]

You both have to be able to be legally married. In both Mexico and Louisiana, don't you need to have parental permission to marry if you're under 18? As far as I recall, there's nowhere in the packet for "and here's the consent from her father letting us get married, and it's all notarized and legal, honest." In theory, there's a section that says you have to follow the laws of your state re: people who are not of legal age to marry without permission. You'll have to see what Louisiana requires regarding parental permission and go from there.

Thinking "wait until 18" is your answer. (Especially since it's only an additional four months, and thus a lot easier.)

I have no idea what the answer to the OP's question is, but just out of curiosity, where is this section you referenced? And why would homosexual petitioners be allowed to get married in a different state to circumvent their home state's laws, but petitioners with an age problem could not?

[Harpa Timsah 13,263]

The only consulate in MEX that does K-1 is Juarez, so no point calling anyone else.

Edited August 29, 2014 by Harpa Timsah

[kehills 217]

I have no idea what the answer to the OP's question is, but just out of curiosity, where is this section you referenced? And why would homosexual petitioners be allowed to get married in a different state to circumvent their home state's laws, but petitioners with an age problem could not?

As far as I know, Georgia is the only state wherein someone under the age of 18 might be able to marry while skating the parental consent requirements in other states (but only in some counties... maybe). But, doesn't solve the problem that she is, at 17, not free to marry in Mexico (and both people have to be free/able to marry, eh?) without parental consent, and there is no information in the I129F that says just what the proof required is (only that, in section 5, it indicates that proof would have to be offered).

So it's two separate but related issues, and it seems kind of silly to be stressed about something that will automatically resolve itself shortly after the holidays.

[d3adc0d3 186]

It states that you must BOTH be free and able to marry in accordance to the state laws, and the laws of the beneficiary's country, AT THE TIME OF THE PETITION. Check with the local laws of your state, or the state you intend to be married in, and with the Juarez consulate as Harpa mentioned.

It's not long until she's 18, so to be honest, it's better to just wait those 4 months, than to go through the year long (or more) process only to be denied for that reason, and have to refile and wait another year or more. This is a very long process, and I totally understand you want to be with your fiance... but I would just wait it out a few months longer, just to make sure that you don't have any roadblocks.

As a side note, the USCIS information line, often gives out MISinformation, don't rely on them, either get a lawyer, or ask in a visa forum. You can also check out paperwork services, such as RapidVisa, which is cheaper than a lawyer, and you fill out online forms which populate all the paperwork with that information for you. As long as you fill out the online forms with accurate information you'll have no issues. I used rapidvisa and my petition was approved. I paid around $400 for the RapidVisa service versus the $1500+ for an immigration attorney.

[KayDeeCee 4,904]

The only consulate in MEX that does K-1 is Juarez, so no point calling anyone else.

Yes, and calling the customer service call center line for Juarez is just as bad for misinformation as the tier 1 service reps at the USCIS call center. No point calling them either.

OP > The USCIS is the one that approves or denies the I-129F petition, and not the consulate abroad. She must be free to marry where you will marry. If you marry in your state and your state requires parental permission, then you need that. Seems like Louisiana wants the parents to be present and sign. You may need to wait until she is 18. She just turned 17 a few months ago. Why the rush to marry?

Not that it matters because you are not planning to wed in Mexico, but those under 18 need parental permission there too. If her parents give permission, then perhaps marry in Mexico and file for a CR-1 spousal visa instead.

Edited August 30, 2014 by KayDeeCee

[salmuf 9]

It's not just your state's laws that apply since she will be facing an interview in her home country. Long story short, wait till she turns 18 before you send in her application. Hope this helps

[KayDeeCee 4,904]

It is just the state's law in which they plan to marry that matters. They will not be marrying abroad.