MsLegalGal
Registered Users (C)
18 year old USC petitioning his 17 year old wife. Can he file an IRP on her behalf? I know immigration will frown upon this for it is statutorily legal?
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18 year old petitioning 17 year old
- Thread starter MsLegalGal
- Start date
PraetorianXI
Banned
Irp?
TheRealCanadian
Volunteer Moderator
Irp?
Immediate Relative Petition. I know you need to be 21 to sponsor a parent, but I don't know about a spouse, or a minimum age for the spouse.
How does the OP plan on meeting the income requirements?
MsLegalGal
Registered Users (C)
IRP=Immediate Relative Petition
The 18 year old makes $25,000 yr=125% above poverty guidelines.
He can petition her at 18 I just don't know how old the Beneficiary has to be.
The 18 year old makes $25,000 yr=125% above poverty guidelines.
He can petition her at 18 I just don't know how old the Beneficiary has to be.
woodenshoe101
Registered Users (C)
What state was the marriage in? And was there parental consent?(I assume there was, as apparently the marriage was ok'ed by the powers that be).
As long as the marriage is legal in the state of residence of the USC, the logical thought is that USCIS recognizes it, too. However, although the federal government doesn't regulate individual states when it comes to marriage law, I could very well imagine USCIS rejecting a marriage based application if the beneficiary is a minor.(regardless of the legal validity of the marriage)
As long as the marriage is legal in the state of residence of the USC, the logical thought is that USCIS recognizes it, too. However, although the federal government doesn't regulate individual states when it comes to marriage law, I could very well imagine USCIS rejecting a marriage based application if the beneficiary is a minor.(regardless of the legal validity of the marriage)
No age limitation.
The marriage should have been legal in the place it was celebrated (not necessarily at the place of residence). That is it.
Plus, additional requirements:
Petitions for siblings and parents, however, could be done only by US citizens 21 or older.
The marriage should have been legal in the place it was celebrated (not necessarily at the place of residence). That is it.
Plus, additional requirements:
No limitations because of age. Being minor is OK, as long as the marriage was legal at the place it was celebrated at the time it was celebrated. Limitations a-d only apply.9 FAM 40.1 N1.1 Marriage and Spouse Defined
(CT:VISA-826; 07-20-2006)
a. Section 7 of the Defense of Marriage Act (Public Law 104-199) states:
“The word ‘marriage’ means only a legal union between one man and one
woman as husband and wife, and the word ‘spouse’ refers only to a
person of the opposite sex who is a husband or a wife.”
b. The term “marriage” is not defined in the INA, it can be extrapolated from
the language found in the definition of spouse, INA 101(a)(35). A
marriage, in order to be valid for immigration purposes, must be
celebrated in the presence of both parties, unless the marriage has been
consummated.
c. The underlying principle in determining the validity of the marriage is that
the law of the place of marriage celebration controls. If the law is
complied with, and the marriage is recognized, and the termination of a
prior marriage, if any, is recognized, then the marriage is deemed to be
valid for immigration purposes.
d. Marriages, considered to be void pursuant to state law as contrary to
public policy, such as polygamous or incestuous marriages, cannot be
recognized for immigration purposes even if legal in the place of marriage
celebration.
Petitions for siblings and parents, however, could be done only by US citizens 21 or older.
Last edited by a moderator:
MsLegalGal
Registered Users (C)
Florida. Yes the marriage was ok'd by the parents.