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Spouse visa marriage based when the spouse is 17 years old

Spouse visa marriage based when the spouse is 17 years old

Old Dec 31st 2013, 3:36 pm
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Default Spouse visa marriage based when the spouse is 17 years old

My brother just married a girl from Pakistan and I am in the process of filling out forms for him. However his wife is 17 years old. Is this going to be an issue for I-130? the legal age to marry in Pakistan is 16. do we need any special documents for it? anything to make the process easier??

Thanks a lot!

Sana
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Old Dec 31st 2013, 3:47 pm
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Default Re: Spouse visa marriage based when the spouse is 17 years old

Originally Posted by carpdiem View Post
My brother just married a girl from Pakistan and I am in the process of filling out forms for him. However his wife is 17 years old. Is this going to be an issue for I-130? the legal age to marry in Pakistan is 16. do we need any special documents for it? anything to make the process easier??

Thanks a lot!

Sana
I'm not 100% sure, but I don't think it's a problem for the immigrant to be 17. Your brother should be 18+ in order to sign the I-864.

Rene
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Old Dec 31st 2013, 4:16 pm
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Default Re: Spouse visa marriage based when the spouse is 17 years old

Does the rule that the marriage needs to be valid where the couple plan to settle still apply, as it does for same-sex marriages? If it is legal for the 17-year-old wife to marry without parental permission where the OP lives, there should be no issue so long as the husband is of age to sign the I-130 paperwork. If it is legal only with parental permission, I think they should consider including an affidavit (and certified translation, if necessary) by the parents to prove that they approve of the marriage.
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Old Dec 31st 2013, 5:13 pm
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Default Re: Spouse visa marriage based when the spouse is 17 years old

Don't you need to be 21 to even petitioner for an immigration benefit?
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Old Dec 31st 2013, 7:14 pm
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Default Re: Spouse visa marriage based when the spouse is 17 years old

Originally Posted by civilservant View Post
Don't you need to be 21 to even petitioner for an immigration benefit?
I don't believe so, no. You must be 18+ in order to sign the I-864, but I don't think there is an age restriction on the I-130.

Either way, the OP's brother might be 21+. She didn't mention his age, only the immigrant's age.

Rene
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Old Dec 31st 2013, 9:24 pm
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Default Re: Spouse visa marriage based when the spouse is 17 years old

Originally Posted by Noorah101 View Post
I don't believe so, no. You must be 18+ in order to sign the I-864, but I don't think there is an age restriction on the I-130.

Either way, the OP's brother might be 21+. She didn't mention his age, only the immigrant's age.

Rene
My brother is 23 so his age is not an issue!
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Old Dec 31st 2013, 9:39 pm
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Default Re: Spouse visa marriage based when the spouse is 17 years old

I would advise your brother to proceed with caution, and some states have age 18 as the age for consensual sex, so while the paperwork may be processed, it would be awful for them to run foul of that law if someone had a grudge.
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Old Dec 31st 2013, 9:42 pm
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Default Re: Spouse visa marriage based when the spouse is 17 years old

Originally Posted by Trixie_b View Post
I would advise your brother to proceed with caution, and some states have age 18 as the age for consensual sex, so while the paperwork may be processed, it would be awful for them to run foul of that law if someone had a grudge.
I think that's just if unmarried, depending on the state.
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Old Dec 31st 2013, 9:59 pm
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Default Re: Spouse visa marriage based when the spouse is 17 years old

Originally Posted by Sally Redux View Post
I think that's just if unmarried, depending on the state.
Possibly. But worth looking into before moving - he's got less than a year to wait if 18 is the magic number
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Old Jan 1st 2014, 8:02 pm
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Default Re: Spouse visa marriage based when the spouse is 17 years old

Only if petitioning for a parent or sibling.

As a practical matter, one would need to be over 21 if petitioning for an unmarried son or daughter who is 21 years of age or older, and most likely if petitioning for a married son or daughter.

Regards, JEff
Originally Posted by civilservant View Post
Don't you need to be 21 to even petitioner for an immigration benefit?
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Old Jan 1st 2014, 8:03 pm
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Default Re: Spouse visa marriage based when the spouse is 17 years old

What rules are these?

Regards, JEff
Originally Posted by Speedwell View Post
Does the rule that the marriage needs to be valid where the couple plan to settle still apply, as it does for same-sex marriages?
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Old Jan 1st 2014, 8:48 pm
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Default Re: Spouse visa marriage based when the spouse is 17 years old

Originally Posted by jeffreyhy View Post
What rules are these?

Regards, JEff
I know I didn't imagine it I thought the marriage had to be valid in the USC sponsor's place of residence to be considered valid for the I-130. I heard this in conjunction with same-sex marriages; they seem to be discussing this obliquely in this concurrent thread: http://britishexpats.com/forum/showt...5#post11058985
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Old Jan 1st 2014, 9:11 pm
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Default Re: Spouse visa marriage based when the spouse is 17 years old

Originally Posted by Speedwell View Post
I thought the marriage had to be valid in the USC sponsor's place of residence to be considered valid for the I-130.
To be eligible for a marriage-based US immigration benefit, the marriage must be legal and valid where it was solemnized... which may or may not be in the US. It has nothing to do with where the USC sponsor lives. AFAIK, there are no other considerations with respect to US immigration.

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Old Jan 2nd 2014, 1:01 pm
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Default Re: Spouse visa marriage based when the spouse is 17 years old

Originally Posted by ian-mstm View Post
To be eligible for a marriage-based US immigration benefit, the marriage must be legal and valid where it was solemnized... which may or may not be in the US. It has nothing to do with where the USC sponsor lives. AFAIK, there are no other considerations with respect to US immigration.

Ian
Oh, OK, that clears that up. Thanks, Ian.
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Old Jan 2nd 2014, 3:09 pm
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Default Re: Spouse visa marriage based when the spouse is 17 years old

Being married at 17 is not a problem. At worse the 17 year old bride can submit a letter from her guardian (parent) attesting to their agreement to the marriage. Have seen this happen between an American and a Canadian from Quebec.
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