Expert: Cesar - 10/11/2009

Question
I have a 17 year old novia en Medellin, and I want to bring her to the USA on a fiance visa. She will be 18 in January, and our appointment with the embassy in Bogota will be after she turns 18. Can I apply for the fiance visa now, and can she sign documents now, or do I need to wait until she turns 18?

Answer
Dear Brent:

The people at the US Embassy are discriminatory in regards very young fianceés or wifes, but your girlfiend is close to 18 and by the time you and her are at the embassy she will be 18. They would not like that you have been dating her when she was under 18, more so if you have been dating her for a long time. On the other hand, if you have been dating her for a short period of time they would wonder why would you want to marry her so soon (but there is always love at first sight). I think it is better to say you have not been dating her before she was 17, maybe just 3 months or so. Therefore there will be a drawback in how they would look at the application. Normally, they need to follow instructions in regards to you meeting the requirements and if you meet them they normally should approve the application. Hopefully, you are not much older than her. That would help. They would look at your income and her past: if she had a criminal record, her appearance, her medical condition (she would need to have a medical examination in Bogotá at a location indicated and authorized by the consulate). Basically, they would see if this is a fraudulent application, if in fact you look like a believable couple or if this is for some kind of business deal between her and you (if she paid you for it, or if both of you look like a couple who love each other or if you are taking her to the US for some other reason such as for prostitution.)

When the female is too young (say under 15) they could even delay the application to ask the Department of State for a comment or answer, which could delay the application for a long time. In your case the time difference is only months an probably there is lesser risk. They will notice that you married a very young female and if you ever married married a very young female they might think that there is something wrong with you, which is not good. Just take a look at your age (if not much older than her or if there is little difference between you and her). If the age difference is not much then you should not worry about it much, if at all.

Best wishes,

Cesar