Spouse I-130 Petition was denied!!

jassingh

New Member
I've a friend who's a permanent resident in the United State since mid 2007. In 2008 He got married in India. Both the bride and groom are from Sikh religion and got married while they were both at the age of 19. When they went to register the marriage the Hindu marriage act prevented them from registering legally (They did gave them certificate but stated that this marriage is not legally register Under the Hindu Marriage Act 1955 which states the groom has to be 21 years of age and bride has to be 18 years of age to get married). So once he comes back to US, he filed the I-130 Petition. After over a year later he received a letter of denial from USCIS because of the age complication and the marriage is not being legally registered.

Now we don't know what to do?
Can we fight this?
Is there a such law that could justify this based on religion?
Since now they're both 21, would the petition go though if we just apply again?
or do they have to get married again?
Talk to couple of immigration lawyers as well, No favorable answer so far :(
Talk to the counsel in Indian consulates office no straight answer there either.
His wife went back to the place where they received the certificate in India, they told her that the marriage cannot be register nor they can get married again civilly.
 
Spouse I-130 denied

jassingh,
The best thing to do at this point is to get a marriage license here in the US and start all over again. There is no way to fight for this, they have eaten you money, you will have to start all over.
 
Sentinela Thanks for the response but they got married in India and his wife is still in India, I don't think they can get register their marriage in US.
 
If they have a marriage certificate, then they shouldnt be denied. Did they mention anything unusual on the marriage certificate such as the marriage was not legally registered?
 
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