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I'm filling a i130 Petition for my wife in Pakistan,but she is 17 yrs old is it possible to File her case if she is under 18?

Chicago, IL |

I'm filling a i-130 Petition for my wife in Pakistan...the problem i am facing is her age...she is 17 years old (under 18) and cannot get her Pakistani ID card which is a requirement to file her do i go about this situation...i want her in U.S as soon as possible...Please lemme know the best and fastest way to bring her to the States?

Attorney Answers 4

  1. You either wait until she.. ."emancipates", ie. becomes 18, OR you do whatever is necessary for her to obtain an ID in Paki.

    Perhaps with her parents consent and signature she could have an ID issued to her? (In this country when the parents consent to a minor child's marriage, that child becomes an "emancipated" minor and can get married, as well as sponsor a foreign national spouse.)

    They let her marry at 17 but will not issue an national ID card to her??

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  2. Can she get a Pakistani passport?

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.

  3. No, you do not need to send a copy of her ID card to file an I-130.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

  4. First off congratulations!!! If you are Islamically married as in according to Sharia law ad you have a “Nikah Nama” and this is the bride’s first marriage, typically her “wakeel” is her father and thus you already have the father’s consent and then you would require the mother’s written consent. With these items, a lawyer would likely be able to demonstrate how this marriage is not against public policy or against local marriage laws (in the jurisdiction where you reside).

    Khaja M. Din, Esq.

    Free Consultation For Your Immigration & Deportation Issues

    Khaja Din is an immigration attorney specializing in deportation defense and the immigration consequences of criminal conduct. He has offices in Chicago, IL and Madison, WI.

    Din | Memmen, Inc.

    Chicago Office
    4518 North Kedzie Avenue
    Chicago, IL 60625

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