QUESTION
My fiancee not legal in her country but legal in the U.S
Asked on Nov 26th, 2017 on Immigration - California
More details to this question:
I recently purchased a plan on Rapid Visa to get help in filing my K1 Visa for my fiance from Honduras. Everything was going well as I intended to marry her in Nevada Las Vegas preferably. She is 20 years old turning 21 in July and I am 21 currently turning 22 soon. I live in California. I read in her embassy page and it read "If you are getting married in Honduras, you must meet the requirements prescribed by Honduran law. The following is an unofficial translation of several documents issued by Tegucigalpa City Hall on marriage requirements in Honduras." She is from Honduras and the legal age to marry is 21. I thought since she is getting married here in the U.S which the legal age is 18 there would not be a problem. I was now told there is a problem because of the age. Is there anything I can do? I really want to bring my fiancee here but I feel utterly lost and sad now. Any advice on what I can do?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
As it is already close to January and your fiancée will be turning 21 in July, perhaps your best move would be to file for the K-1 fiancée visa, which normally takes at least six months to approve at U.S.C.I.S. Consular processing thereafter usually takes another couple months. Probably by the time that your fiancée goes for her interview at the consulate, she will already be over the age of 21. Even if under the age of 21, she may be able to postpone the interview for the one or two remaining months which are required for her to turn 21. In addition, from scanning the information on Honduras, females appear to be able to marry at age 18 with parental consent, but I believe that you already know this. If not, your fiancee could bring proof of parental consent to the interview if still under 21. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Dec 26th, 2017 at 6:11 PM