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When I married to my wife she was 16. I filed form 130 for spouse. Yesterday I got the RFE to provide documents which proves marrying at this age is legal. She is from UAE. 

In UAE with parents consent it is possible to marry at 16. We married at the court. I submitted the marriage certificate when I filed 130. The marriage certificate was issued by UAE court, attested by Ministry of Justice (UAE). 

Also they want the documents to prove this marriage is legal in Arizona USA. 

 

I think if the UAE government approved the marriage and I have a marriage certificate. that should be enough for the fact that I am married. Also the I USA should not have any problem since I am not getting married in USA. I am already married. 

 

Now what proof can I provide them with the RFE?

RFE.pdf

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Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline

You have to abide by US laws for marriage as well.  For example, if you are married to 2 people in a country that allows polygamy, the 2nd marriage will be illegal in the US and not recognized.  Therefore you need to verify that Arizona law allows you to be married to someone who is 16.  Otherwise, the marriage is not recognized in the US.  And for immigration purposes, that is what matters.

 

 

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Filed: K-1 Visa Country: Wales
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I would provide evidence that as a resident of Arizona Arizona allows marriage to a 16 year old.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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^This. They need evidence that the marriage is legal under US law where you reside.

 

For instance, some countries may allow you to marry certain relatives, or have multiple concurrent spouses. But if the US (or one's specific state) does not recognize that, then the marriage is not legal for US immigration purposes.


Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Other Country: China
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As indicated, your marriage, based on age, must be recognized as legal in the state where you intend to reside.  You should research this and get an actual legal opinion, then provide the legal opinion/brief to USCIS.  If your marriage will not be recognized in Arizona, your petition will be denied unless, you can find another State that does recognize it and move to that state.

 

Before the US nationalized the legality of same sex marriage, the same issues would come up in fiancee visa cases, but not now.

 

Do some homework.  Get legal counsel.


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Understanding the big picture is priceless. Anonymous

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Filed: IR-1/CR-1 Visa Country: Brazil
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15 hours ago, amdjvd said:

they want the documents to prove this marriage is legal in Arizona USA. 

You may have a way to respond to the RFE, if you provide evidence of her parents' approval of the marriage (a legally binding affidavit, notarized, translated into English, with a certified translation), and you cannot be more than 3 years older than your wife.  If you are 20 or older, your marriage cannot be recognized as legal in Arizona.  In that case, you will need to move to another state in the US where your marriage could be legally recognized, so do your homework, Google is your friend.  Moving to another state may be difficult since you only have a couple of months to respond to the RFE.  Another option would be that you move to UAE and forget about the US immigration idea.  Good luck!!

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