Planning on girlfriend's immigration at 17

[2069172716 0]

I'm an American citizen and my girlfriend is South Korean, I'm 17 and so is she (birthdays are December/April respectively). She's in an awful family situation so we're planning on having her come and stay in my town in NY for 3 months in March 2018 on the Visa Waiver Program, then go to Canada for 6 months visa-free, then either extend the stay in Canada or come back to America on the VWP and apply for a K-1 Visa. What's wrong with this plan? It's a unique situation and I can't find any help regarding it. Finances are not an issue. She plans to get a GED and take the SAT when she's eligible in the US. I'm still in high school but financially independent.

[Crazy Cat 41,981]

1.  What do your parents think about this plan?

2.  She can not enter the US with the intent to adjust her status and stay.  That is fraud, and it carries severe consequences

3.  Sh can not go to school in the US on VWP.

4.  A K-1 would require her to return to her country and wait.

 

Slow down, start thinking with your brains, and enjoy life while you are young........

 

and the situation is not unique at all.......

Edited December 26, 2017 by missileman

[TNJ17 1,329]

Dude, you’re 17. Wait 10 years. 

[Chris Duffy 1,257]

[JFH 12,190]

Have you actually met in person yet? This plan sounds pretty intense for two teens who barely know each other. You're planning to live together.

 

How are you going to finance this? She won't be able to work in the US or Canada under these arrangements. You won't be able to work in Canada. So for at least 6 months there will be no income. I imagine you live with your parents so you have never paid a utility bill or had any financial obligations and responsibility in your life so far.  Living in a hotel for 6 months is very expensive. 

Edited December 26, 2017 by JFH

[Boiler 45,670]

Finances are not an issue.

[Mollie09 1,543]

9 minutes ago, Boiler said:

Finances are not an issue.

I loved saying that when I was 17 too.

[NigeriaorBust 4,087]

Going to Canada does not reset the VWP clock. 

[sparkles_ 456]

Does it count for anything that marriage is a no go til 19 or 20 in South Korea vs the standard 18 here? Meaning keep this in mind....not sure if it matters at all concerning a USA k1, but it may 

Edited December 26, 2017 by sparkles_

[geowrian 22,337]

3 hours ago, K1_Journey said:

Not to mention BOTH the Petitioner AND Beneficiary must be age 18+ to even file for a fiance / spousal visa, and some countries even require the beneficiary parents certified written approval even if the beneficiary is in their 20s. Example, Philippines requires parent certified written approval for any Filipino age 23 and younger applying for any type of fiance / marriage based visa.

There's no requirement to be 18+ to file an I-129F. However, they will require that you are 'free to marry", which may or may not allow marriage before age 18 where you live. Usually this is permitted with parental consent, or if they are emancipated.

The beneficiary's country's requirements to marry are not considered, as they are not marrying in that country.

 

That said, it seems unwise to pursue any immigration process that young. And the age raises its own concerns in terms of eligibility for the actual visa (but not the petition).

 

Re: Philippines

This is where it gets a bit more complicated. Both USCIS and the embassy do not require any form of approval based on age. They will issue the visa regardless of any letter. Parental approval (or even knowledge) is not required, although the lack of knowledge or approval may make the CO question the legitimacy of the relationship. However, Filipinos cannot leave to the US on a K-1 or immigrant visa without the CFO sticker, and that's where they will request it (as CFO is part of the PH government, not the US).

Edited December 26, 2017 by geowrian

[TNJ17 1,329]

Keep in mind that if you manage to do all this and get to the interview stage, for some countries, I don't know about South Korea, the family not being on board with the marriage can have a huge impact in the visa approval depending on the officer doing the interview. Like I said before. Wait. You're 17. You don't know what you want in life at 17. 

[EandH0904 1,184]

What does HER family think about this? What if it turned into harboring an international runaway? It could be a HUGE issue

[sparkles_ 456]

2 hours ago, K1_Journey said:

US embassy always goes by a combination of US federal-state law, and the local laws of the foreign country, which ever is more restrictive. South Koreans can marry at age 18 with parent consent, however in this case both these kids are only age 17, due to their age they dont even qualify to file a marriage based visa petition let alone legally marry. I understand she has a bad family life, but shes a minor still required to live under adult supervision, thats life many of us thought our family life was horrible when we were still kids. They need to grow up a little more and get to know each other longer, after they're age 18 he should go meet her and properly meet her parents to discuss and ask their permission to marry, or if asking the parents permission is not an option she can marry without their consent after she turns age 21.

 

Eligibility. Marriage in South Korea is a union between a man and a woman. A man over 18 and a woman over 18 years old may marry with their parents' or guardians' consent, and a person over 20 may marry freely.

Marriage in South Korea - Wikipedia

https://en.wikipedia.org/wiki/Marriage_in_South_Korea

Thanks for the details. I just recalled it was not straight 18 and done as it is in the states

[RO_AH 1,659]

Take things one step at a time. You never even met each other in person. When she is 18 she can legally travel here. So make sure she has her passport so that she is able to. Then take it from there.

[Umka36 781]

What happened to the crowd that says age is just a number. I guess it's not when you're under 18. OP, just wait until you are both 18 years old to file the K1 petition as you need to be free to marry (which includes being 18 for the affidavit of support), and meet within 2 years. Do meet first if you haven't and more if you can. Personally I think age is more than a number, because it comes with life experience whether good or bad but as been agreed upon "what do I know".

 

"Eligibility. Marriage in South Korea is a union between a man and a woman. A man over 18 and a woman over 18 years old may marry with their parents' or guardians' consent, and a person over 20 may marry freely."

 

This would only matter if the OP was going to marry in SK, but a K1 is for marrying in the US so that's a moot point.