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Parental Consent letter for married

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How is age ambiguous? 

 

No one gets to 18 until they clear 17yrs and 364+ days. What am I missing? 

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2 minutes ago, WeGuyGal said:

How is age ambiguous? 

 

No one gets to 18 until they clear 17yrs and 364+ days. What am I missing? 

In some cultures the conception is used not the birth

 

 

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1 minute ago, Randyandyuni said:

In some cultures the conception is used not the birth

But that's not what USCIS/US embassy uses. They use the birth certificate. 

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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1 hour ago, SusieQQQ said:

 

So which is it? You have all the documents to support your marriage, or you don’t have any documents?

if the first post quoted is accurate, then submit those documents along with proof that they met the law at the time

 If you do not have the documents.... you will need to get legally married and re-start the visa process.

How can I legally marry her again? 

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They would also be aware that of how the country age may be looked at differently. 

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1 hour ago, KisAshu said:

We have a big married in Hindu culture.  Parents were participated in married. Parents approved for the marriage only the case is we don't have any legal documents to show. when we go for the marriage register office both parents were there so we don't need any legal letter at that time.

Did the parents sign any documents at the marriage register office? 

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Yup, nearly 6000 immigrant visas were issued for Nepal in the last fiscal year. I’m sure uscis is aware of any differences in measuring birth dates.

 

 

1 hour ago, KisAshu said:

How can I legally marry her again? 

You wouldn’t “again”. Either you are legally married, in which case you don’t have a problem, or you aren’t, and then you’d need to, 

 

did the parents sign anything at the wedding itself? You said they were at the registry office with you? 

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1 hour ago, WeGuyGal said:

But that's not what USCIS/US embassy uses. They use the birth certificate. 

That is true but doesn't affect how it's measured according to their laws IN their country

 

 

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1 minute ago, Randyandyuni said:

That is true but doesn't affect how it's measured according to their laws IN their country

While your point could be otherwise valid, USCIS already made a determination she is 17. 

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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41 minutes ago, SusieQQQ said:

Yup, nearly 6000 immigrant visas were issued for Nepal in the last fiscal year. I’m sure uscis is aware of any differences in measuring birth dates.

 

 

You wouldn’t “again”. Either you are legally married, in which case you don’t have a problem, or you aren’t, and then you’d need to, 

 

did the parents sign anything at the wedding itself? You said they were at the registry office with you? 

NO, they didn't sign anything. No documents require if Parents are there only require in absence of parents so we don't make any documents.

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51 minutes ago, WeGuyGal said:

While your point could be otherwise valid, USCIS already made a determination she is 17. 

I am not arguing, within the context of their country and their country only they can measure how they wish. I still believe the parents could sign a notarized document that they gave permission expressly other than by attendance, however, no way to determine if the officiant was informed 

 

 

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I recommend:

 

1) Withdraw your wife's petition and includeba letter saying you guys misunderstood the age specifications.

 

2) Head back to Nepal and get legally married. Or meet in a third country.

 

3) File for CR1 with an added document explaining the situation. It should be 12-14 months or so without difficulty.

Edited by Daisy.Chain
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3 hours ago, WeGuyGal said:

While your point could be otherwise valid, USCIS already made a determination she is 17. 

Sometimes that determination is incorrect by USCIS and they issue a RFE. For OP's case, USCIS potentially missed 2 things:

  1. The law concerning minimum age at the time the marriage occurred, not the more recent law. They obviously overlooked this point.
  2. The use of age reckoning in Nepal. Similar countries: https://en.wikipedia.org/wiki/East_Asian_age_reckoning Unknown if USCIS considered this point.
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2 hours ago, Daisy.Chain said:

I recommend:

 

1) Withdraw your wife's petition and includeba letter saying you guys misunderstood the age specifications.

 

2) Head back to Nepal and get legally married. Or meet in a third country.

 

3) File for CR1 with an added document explaining the situation. It should be 12-14 months or so without difficulty.

Do I need to divorce her to remarry again?

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