Big Problem, marriage licenses

[SuperSaiyanVisa 21]

The written consent to get the K-1 is not absolute. While it meets the US Embassy's requirement for a K-1, it does not necessarily meet local laws as you have seen. The written consent you got was for the K-1. It does not cover what happens in your local marriage registrar's office.

Wrong. In no way did the US Embassy or the US Federal Government "make sure that we will in fact be able to marry." It's not their responsibility to check state and local laws and make sure that you meet all the requirements. The responsibility is on you to check out state and local laws to see if you and your 17 years old fiancee can marry.

You are working under an erroneous assumption.

The US Federal government has nothing to do with marriage laws. Marriage laws are under state and local governments.

To get the K-1 visa, you had to make a "prima facie" case that your fiancee being under age was able to get marry. In no way does the written notarization from her parent to get her a K-1 visa under federal laws sufficient for other purposes including getting marry under state and local laws.

It is your responsibility to make sure that you and she qualifies to marry.

Either she goes home, or you wait until she is 18 to marry and file the I-130 and I-485.

When you choose a Do-It-Yourself path, then you are responsible for knowing the relevant state and local laws.

The code i quoted is a Virginia code. No need to be a stickler dude

[aaron2020 11,651]

The code i quoted is a Virginia code. No need to be a stickler dude

Fine. I was trying to help you by explaining the situation you are in since you don't have a grasp of it and asking for help. If you think being a stickler for the law is not appropriate, then you are doing a fine job ignoring local marriage laws.

Best of luck

Edited December 23, 2015 by aaron2020

[SuperSaiyanVisa 21]

Fine. I was trying to help you. If you think being a stickler for the law is not appropriate, then you are doing a fine job ignoring local marriage laws.

Best of luck

I'm saying that the law i quoted is a local law but that the court houses aren't familiar with this situation. like why can't her dad come? oh he is overseas....never seen that before....don't know how to deal with it.....let me just keep repeating the line I'm familiar with "the parents need to come and sign the form.."

I do appreciate your help.

[Chris and ZhiJia 146]

I'm saying that the law i quoted is a local law but that the court houses aren't familiar with this situation. like why can't her dad come? oh he is overseas....never seen that before....don't know how to deal with it.....let me just keep repeating the line I'm familiar with "the parents need to come and sign the form.."

I do appreciate your help.

The problem is, you are trying to work off of "State" Law, but the fact is, the State law is the minimum requirements, many individual counties have other requirements beyond the State requirements. You need to remember in the US we have Federal Laws, State Laws, County Laws, and City Laws, and very very frequently these laws are different from each other, you cannot count on the higher law to dictate what the lower portion will do.

You have already been told by your local courts that it's a No-Go on your marriage, you need to expand your search immediately, and stop sticking to what the State law says, vs what the County/City actually requires.

Edited December 23, 2015 by Chris.M

[BS1982 13]

Get married in Colorado, it is incredible easy and Colorado is a beautiful place for your honeymoon:

http://www.bouldercounty.org/records/licenses/pages/obtainmarriagelicense.aspx

In Colorado you don't need a judge, minister or any type of ceremony. You can apply in person, fill out the paperwork and walk out legally married. Since your fiancée is under 18, you will need a signed and notarized copy of this form http://www.bouldercounty.org/doc/clerk/marriage-parental%20consent%20form.pdf , but I bet your current parental consent document would be fine as a substitute.

Good luck!

[Adil & Jeanne 296]

Does Tennesee help

only need parental permission here if under 16

If we can help. let us know

[aaron2020 11,651]

For those advocating going to another state, is there any concern about transporting a minor across state lines BEFORE marriage? I believe there are child protection laws that prevents an adult from taking a minor across state line to marry when the home state does not allow it.

NOT ACCUSING THE OP OF ANYTHING.

Wouldn't it be a loophole for an adult engaged in a relationship with a minor to be able to take her to a state where he can marry her when the home state would criminalize their behavior and not allowed their marriage? Doesn't the home state have an interest in protecting minors. Seems counterintuitive to say - you can't marry a minor in our state, but it's okay for you adult resident to take a minor to another state to marry. Ignore immigration issues, how many of you would be okay with that and do you think your state has something on the books to prevent it?

Edited December 23, 2015 by aaron2020

[Transborderwife 4,666]

Good question...

[yuna628 9,533]

For those advocating going to another state, is there any concern about transporting a minor across state lines BEFORE marriage? I believe there are child protection laws that prevents an adult from taking a minor across state line to marry when the home state does not allow it.

NOT ACCUSING THE OP OF ANYTHING.

Wouldn't it be a loophole for an adult engaged in a relationship with a minor to be able to take her to a state where he can marry her when the home state would criminalize their behavior and not allowed their marriage? Doesn't the home state have an interest in protecting minors. Seems counterintuitive to say - you can't marry a minor in our state, but it's okay for you adult resident to take a minor to another state to marry. Ignore immigration issues, how many of you would be okay with that and do you think your state has something on the books to prevent it?

Unknown. But I will point out that the age of consent when it comes to sexual conduct is different than the age of marriage laws. The OP's fiancé seems to be over the age of consent for most states, but not all. The majority of states also have clauses and forms to fill out when the party resides in a different state as well (listed as a non-resident application). It does seem a murky matter, and I assume it is not something the OP investigated thoroughly before reaching this point. My particular MD county states that the underage to marry bride but over the age of consent's parents must appear in person for approval or have a certified letter from a doctor regarding pregnancy - no exceptions to this. Could be something to consider with lawyer.

[aaron2020 11,651]

When will she turn 18 years old?

An important question that has not been answered.

[Russ&Caro 1,548]

The transporting a minor issue raised by aaron2020 seems like it might be relevant. Something to tread lightly on.

How about a live video feed of her parents, verbally consenting to her marriage? Would that work?

[newbie87 20]

I don't mean to be negative nancy.....but wouldn't this considered as child trafficking since she's still a minor even tho her parents sign "letter of consent"

[Cathi 5,617]

ummmm..I agree with others she is under age in the state you live in and transporting her elsewhere to circumvent those laws would be child trafficking. NOTHING to be taken lightly

[aaron2020 11,651]

Tales like this is why the general consensus on VJ is to wait until she is 18 for a K-1 visa. Not picking at an open wound for the OP. Just stating why the general consensus is to wait until age 18 when others have asked about a 17 years old fiancée.

[Chris and ZhiJia 146]

So I am home from work now, and I have had a better ability to search on this a bit more, and would like to officially request my comments suggesting going to a different state be removed.

So to go further in depth to this topic. Most if not all states have a clause to their marriage certificates that roughly states, if you come to our state to get married to avoid restrictions in your home state that prevents you from getting married, your marriage is not valid or recognized.

You are fighting a huge battle, because your notarized document is not a valid document.

Texas Law requires Parental Consent to be provided via an official court document provided by their courts (reference cited below), and this is case for the other states as well. A hand written/typed letter is not enough for it to take place.

http://www.avvo.com/legal-answers/can-a-17-year-old-marry-a-24-year-old-with-parenta-2006192.html

This form also cannot just be filled out overseas and faxed back, the parents giving consent need to be present at the court house to fill out and sign the document in the presence of an authorized official. Or filled out in front of an official that is authorized to provide marriage certificates in their home state, and the US Embassies and Consulates are not authorized to perform marriages, so a notarized document from their office is not valid for the courts in the US.

Plus, I am not even sure the US will recognized notarized consent for marriage from Lebanon, because Lebanese law allows parents to marry their daughters off to older men starting at age 9.