Tweet
Hi everyone,
I'm new here and been looking through the forum but I cannot find answers to my query Story is that I got married to my husband when I was 15 yrs and 10 months old. I am now 20 and we have a child together. I applied for my husbands I-130 but got the before request for evidence.
The evidence submitted indicates that you were and/OR the beneficiary was fifteen (15) years old, and thus considered a minor, at the time of your marriage on November 10, 2017 in Pakistan.
In determining the validity of a marriage for immigration purposes, the marriage must be legal in the place where it was celebrated and the date it was celebrated. You have not submitted sufficient evidence to establish that your marriage was lawful in the place where it was celebrated and on the date it was celebrated. Therefore, submit all available evidence that your marriage was legal under the laws of Pakistan where you were married on November 10, 2017, the date of celebration, including, but not limited to:
If you are relying on the law of a foreign country to prove that your marriage is legal, you must provide evidence to show that your marriage is legal under the applicable law. See Matter of Annang, 14 I. & N. Dec. 502 (BIA 1973).
SUBMIT EVIDENCE THAT MARRIAGE IS VALID IN PLACE OF INTENDED/PRESUMED STATE OF RESIDENCE
A marriage that was legal where it was celebrated might be deemed invalid for immigration purposes if:
As noted above, you were married in Pakistan but your Form I-130 indicates that your and/or the beneficiary's current or intended state of residence is New York. Because you were a minor at the time of marriage AND you and the beneficiary reside or will reside outside the place where you were married, you must also establish that your marriage is legal under the laws of your current or presumed state of residence including, but not limited to, any laws and policies relating to marriage involving a minor.
Could someone please advise on what evidence I should submit?
Would a court letter from Pakistan and parents providing consent be sufficient to fullfill both evidence requests?
Other option i was thinking was dissolving the first marriage and then remarry my husband now so I am a no longer a minor, but how would i explained this?
Thanks
I'm new here and been looking through the forum but I cannot find answers to my query Story is that I got married to my husband when I was 15 yrs and 10 months old. I am now 20 and we have a child together. I applied for my husbands I-130 but got the before request for evidence.
SUBMIT EVIDENCE THAT MARRIAGE IS LEGAL IN PLACE OF CELEBRATION
The evidence submitted indicates that you were and/OR the beneficiary was fifteen (15) years old, and thus considered a minor, at the time of your marriage on November 10, 2017 in Pakistan.
In determining the validity of a marriage for immigration purposes, the marriage must be legal in the place where it was celebrated and the date it was celebrated. You have not submitted sufficient evidence to establish that your marriage was lawful in the place where it was celebrated and on the date it was celebrated. Therefore, submit all available evidence that your marriage was legal under the laws of Pakistan where you were married on November 10, 2017, the date of celebration, including, but not limited to:
- The relevant law at the time of your marriage;
- Evidence that you and the beneficiary met the minimum age requirements or that you
- qualified for an exception to those requirements;
- Evidence of any judicial decree granting you permission to enter into the marriage; and/or
- Any other documentation that may have been required by the law where you were married.
If you are relying on the law of a foreign country to prove that your marriage is legal, you must provide evidence to show that your marriage is legal under the applicable law. See Matter of Annang, 14 I. & N. Dec. 502 (BIA 1973).
SUBMIT EVIDENCE THAT MARRIAGE IS VALID IN PLACE OF INTENDED/PRESUMED STATE OF RESIDENCE
A marriage that was legal where it was celebrated might be deemed invalid for immigration purposes if:
- It is considered invalid under the laws of the state where one of the parties lived at the time of the marriage and/or where the parties intends to live; or
- If it violates a strong public policy of the state where one of the parties lived/intends to live. See Matter of Zappia, 12 I. & N. Dec. 439 (BIA 1967) and Matter of Da Silva, 15 I. & N. Dec. 778, 779 (BIA 1976).
As noted above, you were married in Pakistan but your Form I-130 indicates that your and/or the beneficiary's current or intended state of residence is New York. Because you were a minor at the time of marriage AND you and the beneficiary reside or will reside outside the place where you were married, you must also establish that your marriage is legal under the laws of your current or presumed state of residence including, but not limited to, any laws and policies relating to marriage involving a minor.
Would a court letter from Pakistan and parents providing consent be sufficient to fullfill both evidence requests?
Other option i was thinking was dissolving the first marriage and then remarry my husband now so I am a no longer a minor, but how would i explained this?
Thanks
