My GF was underage when we met - could it be problem?

H

heatgun

Registered Users (C)
Let me explain our situation,

I am a DV2003 winner and been living here in states for 5 year, I recent got my US citizenship (two months ago).

I have a girlfriend who I met back in our country in 2006 two years before I moved to US, my GF was 15 and I was 19 years old back in 2006 then in 2008 I left my GF back home with her parents because she was still attending her school and I had to move to US to prepare our life such as to get a job, make money, rent an apt and so on...

then she came to USA in 2010 right after school was over when she was 17.5 years old (with F1 visa to study at college and still studying at college with valid f1 and I-20). we have been living together for past 3.5 years and finally I became USC.. regardless of citizenship I am planning to propose her.

Can it cause an issue because my girlfriend was underage when we met and she was underage when we started living together? I know her parents since we met and we have all kind of proof to show parents were ok for the situation, we have pictures with my GF, her parents and I were on vacation several times, mails, emails, and etc.. her mom even came here in 2010 (when she was 17.5) with my girlfriend to make sure everything is ok, apt, school neighborhood..

Thank you
 
Last edited by a moderator:
Looks like you have a problem, and you could even lose your citizenship over this, because you weren't a citizen when she was 17.5. However there are many ifs and buts with the laws, and it helps that she was over 16 and you were under 21 when she moved to the US: http://www.ageofconsent.com/california.htm

See a lawyer who is familiar with this aspect of California law before marrying her or applying for her green card to figure out if you violated the law and the severity of the violation. You may also have to be prepared to invoke the fifth amendment if the green card interviewer starts questioning certain aspects of your relationship history (doing so would likely result in the green card being refused, but it would be refused anyway if they decided to prosecute you based on your answers). Or maybe you'll need to avoid applying for her green card if the risk is too severe, and hope she can get a green card through another route such as via employment or the points-based system that was proposed in the immigration reform bill.
 
Okay, I will make sure to check with a lawyer but what I don't understand is sexual intercourse part, I think what illegal is to have sexual intercourse with an underage, even though we are together for about 6 years we never had sexual intercourse because of her and I, our religion bans unmarried sexual things... Is living together also considered as sexual intercourse?
 
When a boyfriend/girlfriend couple is living together it assumed they are having sex.

But if it's true that you didn't, you just need to consistently assert that fact and you should be OK. But don't say that you never had sex the whole time from she moved to the US until you got married, as they probably won't believe that. Of course, their disbelief is not enough to prosecute you or deny your case, but they could delay the case and launch an investigation if they think you're lying. So just say that you never had sex before she was 18, which is also true and is easier to believe.
 
Jackolantern said:
When a boyfriend/girlfriend couple is living together it assumed they are having sex.

But if it's true that you didn't, you just need to consistently assert that fact and you should be OK. But don't say that you never had sex the whole time from she moved to the US until you got married, as they probably won't believe that. Of course, their disbelief is not enough to prosecute you or deny your case, but they could delay the case and launch an investigation if they think you're lying. So just say that you never had sex before she was 18, which is also true and is easier to believe.
Click to expand...



So what would be best to do? I was planning to go to paralegal office after we get married, pay $500 to prepare paperwork and docs and send to uscis for us, should I start thinking to hire a lawyer or just wait until the interview and see how it goes?
 
No lawyer needed. You did NOT start having sex till she was over 18. Be very clear about that.

Best!

heatgun said:
So what would be best to do? I was planning to go to paralegal office after we get married, pay $500 to prepare paperwork and docs and send to uscis for us, should I start thinking to hire a lawyer or just wait until the interview and see how it goes?
Click to expand...
 
Thank you all but what I don't understand is that "sexual intercourse". is living together and/or sleeping in same room/bed, and/or kissing each other considered as "sexual intercourse"?
 
Sleeping in the same bed isn't sexual intercourse. Just clearly state that you did not have sex before she was 18. Avoid the details as much as possible.
 
You must log in or register to reply here.
Top