I-129F petition denied, help please

[HeartBroken123 1]

I am absolutely heartbroken and gutted. I need some advice and help everyone. I have been watching visa journey for a long time and trusted everyone here and am thankful for the help but I have just lost big time. let me explain.

 

I learned so much here that I felt I didn’t need a lawyer to help me through this process. I filed a I-129f petition for my fiancé on august 2020 and supplied ironclad evidence for it and fulfilled all the requirements. I included pictures from our time together in the last 2 years as well as family photos and everything else. However, the problem was my fiancé was 16 at the time I filed it. I did this because I knew with all the delays she would be 18 by the time she gets her visa. 
I filed from California to the California service center and waited very patiently for 7 months and got a RFE on March 16th 2021. Here is the RFE: 

 

“LEGALLY ABLE TO MARRY

The evidence shows that your beneficiary was approximately 16 at the time of filing the petition. Generally, a person must be at least 18 years old to marry. Therefore, please submit evidence of the marriage requirements of the state in which you and the beneficiary plan to wed. Also, submit evidence that you and the beneficiary are able to comply with the states marriage requirements”

when I saw this I searched everywhere on visajourney and found great advice so I compiled an amazing response with the evidences as follows.

I stated the state we plan to marry was the STATE OF HAWAII. I did this because I needed a state where it was easy to get married at the age of 16 and California also allows it but the process would involve getting a court order and seemed very difficult. So I printed the marriage requirements of the state of Hawaii and put that in my response and Hawaii allows marriage at the age of 16 with parental consent, requires a birth certificate, and a drivers license of those over 18.
I attached a notarized affidavit of consent signed by both parents and her birth certificate along with my drivers license. Everything was crystal clear and I confirmed with a marriage license agent these requirements and they said yes to all. 
 

However I just received a denial of form I-129f today    I haven’t received the paper yet but it will be about this age discrepancy nonsense. 
they said in the RFE! That the state in which we plan to marry. So why would they deny if I provided that, a paralegal I called said they would probably want the evidence of marriage in California but I told her what the RFE said and that Americans are allowed to marry in whatever state they choose so she said you are absolutely correct about that. 
 

I need everyone’s advice. What should I do? This sounds like a big mistake on uscis, they sound have approved this petition.  Also the problem is I don’t want to wait until she’s 18 to get married in Pakistan and then wait 2-3 years for her to come here maybe even longer since Covid is delaying everything. I can’t be without her that long. 
if I can get them to overturn this decision it would be the fastest way. Maybe appeal the decision, motion to reconsider? Or file a new I-129f petition? What do you guys think. And why the heck did this happen. Do I have a spot at a reconsider/ appeal. 

Please help. I’ll update the thread once I get the denial in the mail 

[aaron2020 11,651]

You are a resident of California.  You need to comply with California laws.  You can not use the laws of Hawaii.  Wait until she is 18 to file.

 

For example.  Some states allows cousin marriages.  Some states ban them.  If you live in a state that bans them, you can't point to the laws of another state where it is allowed to convince the US Embassy to issue a K-1 for a cousin.  You don't get to pick and choose.  The US Embassy has to go by the laws of your state of residency.  

[Lemonslice 4,553]

1 hour ago, HeartBroken123 said:

I am absolutely heartbroken and gutted. I need some advice and help everyone. I have been watching visa journey for a long time and trusted everyone here and am thankful for the help but I have just lost big time. let me explain.

 

I learned so much here that I felt I didn’t need a lawyer to help me through this process. I filed a I-129f petition for my fiancé on august 2020 and supplied ironclad evidence for it and fulfilled all the requirements. I included pictures from our time together in the last 2 years as well as family photos and everything else. However, the problem was my fiancé was 16 at the time I filed it. I did this because I knew with all the delays she would be 18 by the time she gets her visa. 
I filed from California to the California service center and waited very patiently for 7 months and got a RFE on March 16th 2021. Here is the RFE: 

 

“LEGALLY ABLE TO MARRY

The evidence shows that your beneficiary was approximately 16 at the time of filing the petition. Generally, a person must be at least 18 years old to marry. Therefore, please submit evidence of the marriage requirements of the state in which you and the beneficiary plan to wed. Also, submit evidence that you and the beneficiary are able to comply with the states marriage requirements”

when I saw this I searched everywhere on visajourney and found great advice so I compiled an amazing response with the evidences as follows.

I stated the state we plan to marry was the STATE OF HAWAII. I did this because I needed a state where it was easy to get married at the age of 16 and California also allows it but the process would involve getting a court order and seemed very difficult. So I printed the marriage requirements of the state of Hawaii and put that in my response and Hawaii allows marriage at the age of 16 with parental consent, requires a birth certificate, and a drivers license of those over 18.
I attached a notarized affidavit of consent signed by both parents and her birth certificate along with my drivers license. Everything was crystal clear and I confirmed with a marriage license agent these requirements and they said yes to all. 
 

However I just received a denial of form I-129f today    I haven’t received the paper yet but it will be about this age discrepancy nonsense. 
they said in the RFE! That the state in which we plan to marry. So why would they deny if I provided that, a paralegal I called said they would probably want the evidence of marriage in California but I told her what the RFE said and that Americans are allowed to marry in whatever state they choose so she said you are absolutely correct about that. 
 

I need everyone’s advice. What should I do? This sounds like a big mistake on uscis, they sound have approved this petition.  Also the problem is I don’t want to wait until she’s 18 to get married in Pakistan and then wait 2-3 years for her to come here maybe even longer since Covid is delaying everything. I can’t be without her that long. 
if I can get them to overturn this decision it would be the fastest way. Maybe appeal the decision, motion to reconsider? Or file a new I-129f petition? What do you guys think. And why the heck did this happen. Do I have a spot at a reconsider/ appeal. 

Please help. I’ll update the thread once I get the denial in the mail 

Just reported the thread since you seem to be trying to circumvent both the laws of your state on child, and the laws of Pakistan on child marriage (minimal age to marry seemed to have been increased to 18 a few years back - https://www.dawn.com/news/1479198 ).  

[Just Paul 4,591]

9 minutes ago, Lemonslice said:

(minimal age to marry seemed to have been increased to 18 a few years back - https://www.dawn.com/news/1479198 ).  

unless you are  Muslim . . . https://www.globalcitizen.org/en/content/pakistan-court-allows-men-to-marry-underage-girls/

[Crazy Cat 39,212]

1 hour ago, HeartBroken123 said:

I am absolutely heartbroken and gutted. I need some advice and help everyone. I have been watching visa journey for a long time and trusted everyone here and am thankful for the help but I have just lost big time. let me explain.

 

I learned so much here that I felt I didn’t need a lawyer to help me through this process. I filed a I-129f petition for my fiancé on august 2020 and supplied ironclad evidence for it and fulfilled all the requirements. I included pictures from our time together in the last 2 years as well as family photos and everything else. However, the problem was my fiancé was 16 at the time I filed it. I did this because I knew with all the delays she would be 18 by the time she gets her visa. 
I filed from California to the California service center and waited very patiently for 7 months and got a RFE on March 16th 2021. Here is the RFE: 

 

“LEGALLY ABLE TO MARRY

The evidence shows that your beneficiary was approximately 16 at the time of filing the petition. Generally, a person must be at least 18 years old to marry. Therefore, please submit evidence of the marriage requirements of the state in which you and the beneficiary plan to wed. Also, submit evidence that you and the beneficiary are able to comply with the states marriage requirements”

when I saw this I searched everywhere on visajourney and found great advice so I compiled an amazing response with the evidences as follows.

I stated the state we plan to marry was the STATE OF HAWAII. I did this because I needed a state where it was easy to get married at the age of 16 and California also allows it but the process would involve getting a court order and seemed very difficult. So I printed the marriage requirements of the state of Hawaii and put that in my response and Hawaii allows marriage at the age of 16 with parental consent, requires a birth certificate, and a drivers license of those over 18.
I attached a notarized affidavit of consent signed by both parents and her birth certificate along with my drivers license. Everything was crystal clear and I confirmed with a marriage license agent these requirements and they said yes to all. 
 

However I just received a denial of form I-129f today    I haven’t received the paper yet but it will be about this age discrepancy nonsense. 
they said in the RFE! That the state in which we plan to marry. So why would they deny if I provided that, a paralegal I called said they would probably want the evidence of marriage in California but I told her what the RFE said and that Americans are allowed to marry in whatever state they choose so she said you are absolutely correct about that. 
 

I need everyone’s advice. What should I do? This sounds like a big mistake on uscis, they sound have approved this petition.  Also the problem is I don’t want to wait until she’s 18 to get married in Pakistan and then wait 2-3 years for her to come here maybe even longer since Covid is delaying everything. I can’t be without her that long. 
if I can get them to overturn this decision it would be the fastest way. Maybe appeal the decision, motion to reconsider? Or file a new I-129f petition? What do you guys think. And why the heck did this happen. Do I have a spot at a reconsider/ appeal. 

Please help. I’ll update the thread once I get the denial in the mail 

I would not expect USCIS  to accept a letter of intent to marry from a 16 year old.  Ask the paralegal about that.  I would just wait until your fiance is an adult.

Edited April 28, 2021 by Lucky Cat

[aaron2020 11,651]

32 minutes ago, Lemonslice said:

Just reported the thread since you seem to be trying to circumvent both the laws of your state on child, and the laws of Pakistan on child marriage (minimal age to marry seemed to have been increased to 18 a few years back - https://www.dawn.com/news/1479198 ).  

Before you get into a bigger tizzy.  What if the OP was an 18 or 19 years old kid?  Would that make a difference to you?

Mass. has a minimum age of 12 for females and 14 for males.  Alaska and Vermont have a minimum age of 14.  5 states have a minimum age of 15.  Another 22 states have a minimum age of 16.  That's 30 states so far.  'Merica!!!!  We are so much better than other countries.  

OP lives in California.  The minimum age in California is 18.  He has been advised that he has to wait until she is 18 to file an I-129f.  

Edited April 28, 2021 by aaron2020

[payxibka 10,044]

Or move

[SalishSea 16,769]

2 hours ago, HeartBroken123 said:

if I can get them to overturn this decision it would be the fastest way.

Won't happen.

[aaron2020 11,651]

3 minutes ago, payxibka said:

Or move

That's not going to solve the problem.

Parental consent is needed.  Highly doubt that any marriage registrar is going to accept written consents from a foreign country.  

[payxibka 10,044]

2 minutes ago, aaron2020 said:

That's not going to solve the problem.

Parental consent is needed.  Highly doubt that any marriage registrar is going to accept written consents from a foreign country.  

You obviously didn't read carefully.   Hawaii did.

[aaron2020 11,651]

Read this.

https://www.equalitynow.org/5_things_you_should_know_about_child_marriage_the_us#:~:text=The consent of a parent,11 issued a marriage license.

 

[SalishSea 16,769]

2 hours ago, HeartBroken123 said:

Or file a new I-129f petition?

LOL, huh?  Do you think the result will be different if she is 16.5 vs 16?  Do you think separately filed petitions exist in a vacuum and that they won't know that a previous petition was denied, and why?

 

You were rightly denied.  Importing a child bride is a form of trafficking.  Do the respectable thing, and marry here when she is an adult.

[aaron2020 11,651]

2 minutes ago, payxibka said:

You obviously didn't read carefully.   Hawaii did.

Oh.  So you read that Hawaii will accept written consent from a foreign country in the local language?  I highly doubt the parents speak English so anything they sign in English would be suspect.  Oh, but you read that carefully right?  Obviously.

The goal of the K-1 is to marry inside the US.  OP is not looking to move to Pakistan.

Edited April 28, 2021 by aaron2020

[Marieke H 2,301]

32 minutes ago, aaron2020 said:

Before you get into a bigger tizzy.  What if the OP was an 18 or 19 years old kid?  Would that make a difference to you?

According to OP's profile, he is 24.

 

OP, wait until she is an adult.

[aaron2020 11,651]

All this back and forth is USELESS.

 

Just advise OP on what is legal and leave your judgment out of it.  Just like when people ask to marry a cousin and people on VJ get into a tizzy.

The legal advice for OP is that he has to wait until she is 18 to file an I-129f.  END OF STORY.