help with a RFE

[pathagy 0]

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

[ItsGonnaBeWorthIt 191]

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 May 27, 2015 by ItsGonnaBeWorthIt

[Zedayn 485]

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.

[baron555 934]

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?

[pathagy 0]

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.

[ItsGonnaBeWorthIt 191]

good so you just need to get a permit it seems

Edited May 27, 2015 by ItsGonnaBeWorthIt

[Cathi 5,609]

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.