Parental Consent letter for married

[NikLR 13,227]

I would talk to her parents and her and the officiant in nepal first about the issue before asking about marrying her again.  This may be something the officiant has dealt with before. 

[Going through 5,671]

I'm going to suggest what I suggested before:

 

17 hours ago, Going through said:

Then you can try submitting a statement regarding your claim about the minimum age not being relevant to your case under Nepali law (since the minimum age law came about only in 2016, as you say), with supporting evidence that the marriage took place before 2016, along with evidence/support statements that parental consent was not a requirement at that time.

 

This will require more than you just writing your own letter stating these things----you need to send evidence backing up your claims that was no such law enforcing parental consent at the time. 

 

Perhaps you can also reach out to the location in Nepal where you were married---they may have records/can help with providing a statement that there was no parental consent needed by an officiant in 2010.

 

 

Edited February 12, 2019 by Going through

[WeGuyGal 1,052]

11 hours ago, Daisy.Chain said:

I recommend:

 

1) Withdraw your wife's petition and includeba letter saying you guys misunderstood the age specifications.

 

2) Head back to Nepal and get legally married. Or meet in a third country.

 

3) File for CR1 with an added document explaining the situation. It should be 12-14 months or so without difficulty.

F2A... 24-30mos

[arken 4,197]

16 hours ago, WeGuyGal said:

How is age ambiguous? 

 

No one gets to 18 until they clear 17yrs and 364+ days. What am I missing? 

Its not ambiguous, its just how the country interprets. In Nepal, after birth the child is considered to be in his first year, after 1st bday, he is running in the 2nd year so age is 2 and so on. That’s why one’s age is up by 1 in Nepal than here. I was excited i became 1 year younger after i came to US 🤣🤣.  Like i said my birth certificate lists my age and my wife’s age at the time of marriage which shows both of us to be one year older. For ex, a person 25years and 4 months old is 26 years old legally in Nepal while he/she is considered 25 years old here.

[AshuS 12]

I filled CR1 last year. Hopefully, I will become a citizen after a couple of months. I don't need any hassle Instead of a response to REF can I withdraw my application and visit the third country remarry her again. Apply again K1 visa after I became a citizen.

[WeGuyGal 1,052]

You have to have taken your oath to be a legal US Citizen. You cannot have filed a CR1 petition unless a USC. because the CR1 petition requires sending in proof of USC status. 

 

Where is the "wife" right now.. in the US, or overseas? 

[Randyandyuni 2,682]

that may not be as easy or as simple as it looks .... 

 

there is something known as too married for a K1 not married enough for a Cr1. 

 

Are you considered married in Nepal? Can it be proven? If so, too married for a K1

 

You need competent legal advice, we are all meaning, but not qualified by profession you need an experienced immigration attorney that knows Nepalese laws and customs

[AshuS 12]

1 minute ago, WeGuyGal said:

You have to have taken your oath to be a legal US Citizen. You cannot have filed a CR1 petition unless a USC. because the CR1 petition requires sending in proof of USC status. 

 

Where is the "wife" right now.. in the US, or overseas? 

I mean I filled N-400 last year. She is in overseas. 

[AshuS 12]

4 minutes ago, Randyandyuni said:

that may not be as easy or as simple as it looks .... 

 

there is something known as too married for a K1 not married enough for a Cr1. 

 

Are you considered married in Nepal? Can it be proven? If so, too married for a K1

 

You need competent legal advice, we are all meaning, but not qualified by profession you need an experienced immigration attorney that knows Nepalese laws and customs

Yes, I understand thank you so much for your advice. I just want to see my option.   

[SusieQQQ 11,586]

3 hours ago, arken said:

Its not ambiguous, its just how the country interprets. In Nepal, after birth the child is considered to be in his first year, after 1st bday, he is running in the 2nd year so age is 2 and so on. That’s why one’s age is up by 1 in Nepal than here. I was excited i became 1 year younger after i came to US 🤣🤣.  Like i said my birth certificate lists my age and my wife’s age at the time of marriage which shows both of us to be one year older. For ex, a person 25years and 4 months old is 26 years old legally in Nepal while he/she is considered 25 years old here.

With 6000 Nepalese immigrants a year, USCIS must be familiar with this age convention. This can’t be the first case where the marriage age is ok in Nepal convention but not western. 

[arken 4,197]

1 hour ago, SusieQQQ said:

With 6000 Nepalese immigrants a year, USCIS must be familiar with this age convention. This can’t be the first case where the marriage age is ok in Nepal convention but not western. 

I completely agree. It could be one of few rare cases falling within the age threshold where the age is underage in US while not in Nepal causing the current issues. I asked OP if that’s the case which he hasn’t confirmed or denied so can’t suggest without knowing the truth.

[Daisy.Chain 317]

10 hours ago, WeGuyGal said:

F2A... 24-30mos

Oops! I missed that, thanks.

Edited February 13, 2019 by Daisy.Chain