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help with a RFE

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so last week i got a RFE the reason in the letter was "legally be able to marry" so the background info on this is my fiancee is turning 18 at the end of July so i figured after asking the consulate if there was any problem with applying before she was 18 and they said no just apply and wait and see what usics would say

now its under 2 months till she is 18 so this whole RFE would be invalid if i just send it back after she is 18 witch i have plenty of time as i have until August 13 in my I-129f packet i sent a signed letter saying they she will not be entering the usa until after she is 18 to comply with legal requirements but it seams they poeple over in CSC cant read the whole packet though before sending a RFE i have called usics they said they could not help me on the phone to go into the local office and have an talk with them so i have set up an time with them to go talk to a case officer this friday any input on this would be helpful any questions just ask and my timeline is all correct


08/13/2011 Started Dating

02/15/2015 Got Engaged

04/02/2015 Mailed 129-F Packet (Sent Via USPS Express Mail Overnight)

04/03/2015 signed Delivered By G Cardwell

04/06/2015 NOA 1 Text And Email Received Sent To California Service Center

04/07/2015 Check Cashed
04/10/2015 NOA1 Hard Copy Received
05/21/2015 RFE email/text Received
07/30/2015 RFE mailed back (sent via USPS Express mail overnight)
07/31/2015 Case Satus Updated To RFE Recived
08/07/2015 NOA 2 Email Recived
08/--/2015 NOA 2 Hard Copy Recived

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the requirements is that she is legally able to marry when applying. not that she will be legal once she enters. she is under 18 so she is not legally able to marry at the time when the application is sent in. writing a letter saying I know she is not able to marry now but by the time this is all said and done she will be able to. not sure if you should cancel this process and wait til she turns 18 and start a new process.

Edited by ItsGonnaBeWorthIt

USCIS : 7 months
Marriage : March 21, 2014
I-130 Sent : April 18, 2014
I-130 NOA1 : April 22, 2014
I-130 Approved: November 14, 2014 
after two service request

NVC6 months
Received : December 1, 2014
Received DS-261 / AOS Bill : January 1, 2015
Pay AOS Bill : January 9, 2015
Submit DS-261 : January 7, 2015
Receive IV Bill : January 15, 2015 
called after AOS showed paid, they released it overnight)
Pay IV Bill : January 23, 2015
Send IV and AOS: January 29, 2015
Scan date: February 3, 2015
Checklist: March 19, 2015
 (only need to send south Africa police report)
Case Complete: June 3, 2015 

EMBASSY: 10 months
Interview appointment letter : December 4, 2015
Interview Date : January 21, 2016 
medical wasn't complete
Second interview date: April 4th 2016
Interview Result :APPROVED!!!

Visa Received : 4/13/2016 ( they sent us a email stating our visa was ready for pick up)

USA LIFE
US Entry :4/29/2016 
Social Security : 5/10/2016 (filed from the actual office)
State ID: 5/14/2016
Started working!!: 5/25/2016
Finally paid green card fee: 6/24/2016 ( note said we will receive it within 60 days)
Green card in hand: 7/5/2016 10 year green card we done!! 

1st king born: 6/30/2016

April 2017 update: Marriage still going strong, baby boy getting bigger. Life is good 

 

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so last week i got a RFE the reason in the letter was "legally be able to marry" so the background info on this is my fiancee is turning 18 at the end of July so i figured after asking the consulate if there was any problem with applying before she was 18 and they said no just apply and wait and see what usics would say

now its under 2 months till she is 18 so this whole RFE would be invalid if i just send it back after she is 18 witch i have plenty of time as i have until August 13 in my I-129f packet i sent a signed letter saying they she will not be entering the usa until after she is 18 to comply with legal requirements but it seams they poeple over in CSC cant read the whole packet though before sending a RFE i have called usics they said they could not help me on the phone to go into the local office and have an talk with them so i have set up an time with them to go talk to a case officer this friday any input on this would be helpful any questions just ask and my timeline is all correct

The RFE would never be invalid no matter when they send it. You still would have received an RFE even if she already turned 18, because you filed when she was only 17. The signed letter you sent saying she will not enter the US until she is 18 is irrelevant.

You need to meet ALL the requirements of the I-129F petition AT THE TIME of filing. Your fiancée was only 17 at the time you filed, so you need to submit evidence that she can legally marry at 17 to comply with the RFE.


K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;

Interview Waiver Letter:  01/02/2015;  RFE:  07/09/2015;

Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

05/23/2017 -- Mailed ROC application

05/24/2017 -- NOA1 date

05/30/2017 -- NOA1 received in the mail

06/05/2017 -- Biometrics letter received

06/13/2017 -- Biometrics appointment

09/05/2018 -- Approved without interview!

09/13/2018 -- 10 Yr Green card Received

 

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the requirements is that she is legally able to marry when applying.

Correct

So depending on the state in which you plan to marry, find out what is required for a person who is under 18 years old to be allowed to get married.....maybe a letter from the parents?


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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so i live in rhode island and from the website it says the RFE also asked what state we would be marrying in and for the copys of my states laws are

Permit to Marry for Minors and Persons Under Legal Guardianship
  • A Minor's Permit to Marry must be completed for any applicant under the control of a parent or guardian if 16 or 17 years of age. The permit may be obtained from the city or town clerk where the license will be issued and should be signed and notarized in the presence of the city or town clerk issuing the license.

08/13/2011 Started Dating

02/15/2015 Got Engaged

04/02/2015 Mailed 129-F Packet (Sent Via USPS Express Mail Overnight)

04/03/2015 signed Delivered By G Cardwell

04/06/2015 NOA 1 Text And Email Received Sent To California Service Center

04/07/2015 Check Cashed
04/10/2015 NOA1 Hard Copy Received
05/21/2015 RFE email/text Received
07/30/2015 RFE mailed back (sent via USPS Express mail overnight)
07/31/2015 Case Satus Updated To RFE Recived
08/07/2015 NOA 2 Email Recived
08/--/2015 NOA 2 Hard Copy Recived

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good so you just need to get a permit it seems

Edited by ItsGonnaBeWorthIt

USCIS : 7 months
Marriage : March 21, 2014
I-130 Sent : April 18, 2014
I-130 NOA1 : April 22, 2014
I-130 Approved: November 14, 2014 
after two service request

NVC6 months
Received : December 1, 2014
Received DS-261 / AOS Bill : January 1, 2015
Pay AOS Bill : January 9, 2015
Submit DS-261 : January 7, 2015
Receive IV Bill : January 15, 2015 
called after AOS showed paid, they released it overnight)
Pay IV Bill : January 23, 2015
Send IV and AOS: January 29, 2015
Scan date: February 3, 2015
Checklist: March 19, 2015
 (only need to send south Africa police report)
Case Complete: June 3, 2015 

EMBASSY: 10 months
Interview appointment letter : December 4, 2015
Interview Date : January 21, 2016 
medical wasn't complete
Second interview date: April 4th 2016
Interview Result :APPROVED!!!

Visa Received : 4/13/2016 ( they sent us a email stating our visa was ready for pick up)

USA LIFE
US Entry :4/29/2016 
Social Security : 5/10/2016 (filed from the actual office)
State ID: 5/14/2016
Started working!!: 5/25/2016
Finally paid green card fee: 6/24/2016 ( note said we will receive it within 60 days)
Green card in hand: 7/5/2016 10 year green card we done!! 

1st king born: 6/30/2016

April 2017 update: Marriage still going strong, baby boy getting bigger. Life is good 

 

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so last week i got a RFE the reason in the letter was "legally be able to marry" so the background info on this is my fiancee is turning 18 at the end of July so i figured after asking the consulate if there was any problem with applying before she was 18 and they said no just apply and wait and see what usics would say

now its under 2 months till she is 18 so this whole RFE would be invalid if i just send it back after she is 18 witch i have plenty of time as i have until August 13 in my I-129f packet i sent a signed letter saying they she will not be entering the usa until after she is 18 to comply with legal requirements but it seams they poeple over in CSC cant read the whole packet though before sending a RFE i have called usics they said they could not help me on the phone to go into the local office and have an talk with them so i have set up an time with them to go talk to a case officer this friday any input on this would be helpful any questions just ask and my timeline is all correct

No, the RFE won;t be invalid if you wait until she is 18. She had to have been free and clear to marry at the time of sending the petition, not 2 months from now.You have 2 choices, get a letter from her parents giving their permission for her to marry or re-file when she is 18.



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