HomeLatest ThreadsGreatest ThreadsForums & GroupsMy SubscriptionsMy Posts
DU Home » Latest Threads » Forums & Groups » Main » Latest Breaking News (Forum) » APNewsBreak: US approved ... » Reply #25

Response to mahatmakanejeeves (Original post)

Fri Jan 11, 2019, 01:20 PM

25. The problem may be the basic rules that specify that the marriage must be legal where they will live

"The fact that child marriages are legal in the United States has significant implications for
the U.S. immigration system. The INA does not prohibit minors from petitioning on behalf of a
spouse or fiancé to receive immigration benefits, nor does it prohibit a U.S. adult citizen from
petitioning on behalf of a minor spouse or fiancé.29 USCIS will only consider whether the
petitioner’s age at marriage “violates the laws of the place of celebration or the public policy of
the U.S. state in which the couple plans to reside.”
30 However, USCIS does not require the minor
to demonstrate parental or judicial consent, even if the state in which they will reside would have
required it to marry."

The report notes that the USCIS does not require parental or judicial consent. Even if that were changed, it would likely solve very little of the problem - as no one is saying these children lack the parents' approval. In fact, it may be the parents exploiting the kids.

Looking at the table, the State Department itself rejected the 2 13 year old applications. The rest are for children 14 through 17. From the bolded text, it would seem that these are children going to live in states that allow marriage at those ages (sometimes requiring parental approval.) Scanning the document, it is clear that the USCIS does the screening for the most part.

Here is a chart that shows by state the age where marriage is allowed - with or without parental consent. https://en.wikipedia.org/wiki/Age_of_marriage_in_the_United_States One thing immediately apparent is that many states have no legal limit if conditions are met. Note that USCIS does not require those same conditions.

It would seem that either they need a bill that sets a minimum age for any visa of these types. To prevent this - even domestically, the states would need to change their laws. Delaware and NJ changed their law to make it illegal to marry under 18. However, I would bet that as long as some states allow it, there would be out of state weddings in states with lower limits.

Reply to this post

Back to OP Alert abuse Link to post in-thread

Always highlight: 10 newest replies | Replies posted after I mark a forum
Replies to this discussion thread
Arrow 37 replies Author Time Post
mahatmakanejeeves Jan 11 OP
Solly Mack Jan 11 #1
bullwinkle428 Jan 11 #2
Hortensis Jan 12 #37
jcgoldie Jan 11 #3
inwiththenew Jan 11 #4
Equinox Moon Jan 11 #6
catbyte Jan 11 #10
aggiesal Jan 11 #14
Equinox Moon Jan 11 #23
Igel Jan 11 #30
WilmywoodNCparalegal Jan 11 #22
keithbvadu2 Jan 11 #5
safeinOhio Jan 11 #7
IronLionZion Jan 11 #8
ancianita Jan 11 #20
Igel Jan 11 #31
IronLionZion Jan 11 #32
marble falls Jan 11 #9
2naSalit Jan 11 #11
karynnj Jan 11 #16
marble falls Jan 11 #18
karynnj Jan 11 #26
dlk Jan 11 #12
avebury Jan 11 #13
Kali Jan 11 #27
CabalPowered Jan 11 #35
SWBTATTReg Jan 11 #15
karynnj Jan 11 #17
usaf-vet Jan 11 #19
ancianita Jan 11 #21
paulkienitz Jan 11 #24
LineReply The problem may be the basic rules that specify that the marriage must be legal where they will live
karynnj Jan 11 #25
Power 2 the People Jan 11 #28
Yo_Mama_Been_Loggin Jan 11 #29
Cold War Spook Jan 11 #33
GulfCoast66 Jan 11 #34
allgood33 Jan 12 #36
Please login to view edit histories.