CR1 - Spouse age under 18

[amdjvd 2]

When I married to my wife she was 16. I filed form 130 for spouse. Yesterday I got the RFE to provide documents which proves marrying at this age is legal. She is from UAE. 

In UAE with parents consent it is possible to marry at 16. We married at the court. I submitted the marriage certificate when I filed 130. The marriage certificate was issued by UAE court, attested by Ministry of Justice (UAE). 

Also they want the documents to prove this marriage is legal in Arizona USA. 

 

I think if the UAE government approved the marriage and I have a marriage certificate. that should be enough for the fact that I am married. Also the I USA should not have any problem since I am not getting married in USA. I am already married. 

 

Now what proof can I provide them with the RFE?

RFE.pdf

[SteveInBostonI130 3,459]

You have to abide by US laws for marriage as well.  For example, if you are married to 2 people in a country that allows polygamy, the 2nd marriage will be illegal in the US and not recognized.  Therefore you need to verify that Arizona law allows you to be married to someone who is 16.  Otherwise, the marriage is not recognized in the US.  And for immigration purposes, that is what matters.

 

 

[Boiler 45,525]

I would provide evidence that as a resident of Arizona Arizona allows marriage to a 16 year old.

[geowrian 22,337]

^This. They need evidence that the marriage is legal under US law where you reside.

 

For instance, some countries may allow you to marry certain relatives, or have multiple concurrent spouses. But if the US (or one's specific state) does not recognize that, then the marriage is not legal for US immigration purposes.

[pushbrk 12,898]

As indicated, your marriage, based on age, must be recognized as legal in the state where you intend to reside.  You should research this and get an actual legal opinion, then provide the legal opinion/brief to USCIS.  If your marriage will not be recognized in Arizona, your petition will be denied unless, you can find another State that does recognize it and move to that state.

 

Before the US nationalized the legality of same sex marriage, the same issues would come up in fiancee visa cases, but not now.

 

Do some homework.  Get legal counsel.

[amdjvd 2]

Thanks for all these suggestions and quick responses. I will consult with a immigration lawyer. 

[carmel34 3,633]

15 hours ago, amdjvd said:

they want the documents to prove this marriage is legal in Arizona USA. 

You may have a way to respond to the RFE, if you provide evidence of her parents' approval of the marriage (a legally binding affidavit, notarized, translated into English, with a certified translation), and you cannot be more than 3 years older than your wife.  If you are 20 or older, your marriage cannot be recognized as legal in Arizona.  In that case, you will need to move to another state in the US where your marriage could be legally recognized, so do your homework, Google is your friend.  Moving to another state may be difficult since you only have a couple of months to respond to the RFE.  Another option would be that you move to UAE and forget about the US immigration idea.  Good luck!!