I-129F petition denied, help please

[Lady A 51]

2 hours ago, HeartBroken123 said:

I am absolutely heartbroken and gutted. I need some advice and help everyone. I have been watching visa journey for a long time and trusted everyone here and am thankful for the help but I have just lost big time. let me explain.

 

I learned so much here that I felt I didn’t need a lawyer to help me through this process. I filed a I-129f petition for my fiancé on august 2020 and supplied ironclad evidence for it and fulfilled all the requirements. I included pictures from our time together in the last 2 years as well as family photos and everything else. However, the problem was my fiancé was 16 at the time I filed it. I did this because I knew with all the delays she would be 18 by the time she gets her visa. 
I filed from California to the California service center and waited very patiently for 7 months and got a RFE on March 16th 2021. Here is the RFE: 

 

“LEGALLY ABLE TO MARRY

The evidence shows that your beneficiary was approximately 16 at the time of filing the petition. Generally, a person must be at least 18 years old to marry. Therefore, please submit evidence of the marriage requirements of the state in which you and the beneficiary plan to wed. Also, submit evidence that you and the beneficiary are able to comply with the states marriage requirements”

when I saw this I searched everywhere on visajourney and found great advice so I compiled an amazing response with the evidences as follows.

I stated the state we plan to marry was the STATE OF HAWAII. I did this because I needed a state where it was easy to get married at the age of 16 and California also allows it but the process would involve getting a court order and seemed very difficult. So I printed the marriage requirements of the state of Hawaii and put that in my response and Hawaii allows marriage at the age of 16 with parental consent, requires a birth certificate, and a drivers license of those over 18.
I attached a notarized affidavit of consent signed by both parents and her birth certificate along with my drivers license. Everything was crystal clear and I confirmed with a marriage license agent these requirements and they said yes to all. 
 

However I just received a denial of form I-129f today    I haven’t received the paper yet but it will be about this age discrepancy nonsense. 
they said in the RFE! That the state in which we plan to marry. So why would they deny if I provided that, a paralegal I called said they would probably want the evidence of marriage in California but I told her what the RFE said and that Americans are allowed to marry in whatever state they choose so she said you are absolutely correct about that. 
 

I need everyone’s advice. What should I do? This sounds like a big mistake on uscis, they sound have approved this petition.  Also the problem is I don’t want to wait until she’s 18 to get married in Pakistan and then wait 2-3 years for her to come here maybe even longer since Covid is delaying everything. I can’t be without her that long. 
if I can get them to overturn this decision it would be the fastest way. Maybe appeal the decision, motion to reconsider? Or file a new I-129f petition? What do you guys think. And why the heck did this happen. Do I have a spot at a reconsider/ appeal. 

Please help. I’ll update the thread once I get the denial in the mail 

Please tell me you are 18? 😮 

[Ed&Midori1031 330]

Downright disturbing.  Please wait until shes legally an adult.  

[TBoneTX 45,914]

Eleven judgmental or bickering posts have been removed.  A couple of participants are fortunate to be avoiding administrative action.

 

The OP has received appropriate advice, and therefore this thread is closed.  Do not restart this topic or carry this thread's drama into other threads.

 

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