First cousin marriage in Texas?

[mizztruong 0]

This is a non-issue except as it relates to the bona fides at the visa interview.

USCIS doesn't care (in a visa process) whether the marriage was for an immigration benefit only, until after a Consular officer has determined that fact. They'll approve a petition for a first cousin marriage provided the questions on the I-130 were answered honestly and you otherwise qualify. The I-129F for a fiancee asks if you and your fiancee are related. The I-130 does not. Yes, there may be some additional scrutiny of the relationship bona fides at the visa interview.

A fiance visa will be granted to a first cousin couple who plans to marry in a US jurisdiction that allows it. US States recognize marriages performed in other states between man and wife. US States recognize marriages legally performed in other countries between one man and one wife.

Hi, I want to be a little more specific , because I really hope this will work. Some Lawyer associations response to my email and told me that " as for immigration visa , it will be govern by the state that the petitioner reside, not where you were married" . I am a U.S citizen and want to marry my first cousin who live in Vietnam. Both TX and VN are prohibited such marriage, but I did research and found out that we will be legally married in Hong Kong. I just wonder when I file for his immigration visa, will there be problem with the state of TX ? since they say such marriage is consider criminal offensive here.

Thank you so much if you can give me some advices

[aaron2020 11,651]

Hi, I want to be a little more specific , because I really hope this will work. Some Lawyer associations response to my email and told me that " as for immigration visa , it will be govern by the state that the petitioner reside, not where you were married" . I am a U.S citizen and want to marry my first cousin who live in Vietnam. Both TX and VN are prohibited such marriage, but I did research and found out that we will be legally married in Hong Kong. I just wonder when I file for his immigration visa, will there be problem with the state of TX ? since they say such marriage is consider criminal offensive here.

Thank you so much if you can give me some advices

Texas will have a problem since the state prohibits its citizens from marrying first cousins. You are a citizen of Texas even if you marry in Hong Kong. As long as you live in Texas, you must follow Texas laws.

[Penguin_ie 5,992]

**** Topic split from a 2 year old one into its own. PLease post your own questions in your own topic ****

[Ms Hogan 295]

Texas will have a problem since the state prohibits its citizens from marrying first cousins. You are a citizen of Texas even if you marry in Hong Kong. As long as you live in Texas, you must follow Texas laws.

The marriage would not be recognized at all or is it considered illegal? I would imagine it would mean not being able to do anything as a married couple like file taxes jointly, get medical benefits as a family etc etc? I don't know but I would certainly be doing a lot of research! Obviously you want to be married to each other so maybe you'll need to live in a state where it is legal. http://www.ncsl.org/issues-research/human-services/state-laws-regarding-marriages-between-first-cousi.aspx

[Twatzi13 1]

Hi, I want to be a little more specific , because I really hope this will work. Some Lawyer associations response to my email and told me that " as for immigration visa , it will be govern by the state that the petitioner reside, not where you were married" . I am a U.S citizen and want to marry my first cousin who live in Vietnam. Both TX and VN are prohibited such marriage, but I did research and found out that we will be legally married in Hong Kong. I just wonder when I file for his immigration visa, will there be problem with the state of TX ? since they say such marriage is consider criminal offensive here.

Thank you so much if you can give me some advices

mizztruong, i'm in the situation as yours and I would like to get your assistance. could you provide me with link where it states that first cousin marriage in hong kong is permitted? I'm considering doing the same thing since I can't afford to move at the moment.

Edited January 29, 2013 by lovenhi4ever

[aaron2020 11,651]

The marriage would not be recognized at all or is it considered illegal? I would imagine it would mean not being able to do anything as a married couple like file taxes jointly, get medical benefits as a family etc etc? I don't know but I would certainly be doing a lot of research! Obviously you want to be married to each other so maybe you'll need to live in a state where it is legal. http://www.ncsl.org/issues-research/human-services/state-laws-regarding-marriages-between-first-cousi.aspx

The marriage would be legal since its legal in Hong Kong.

However, for immigration purposes US immigration will apply the laws of the state where you live.

This is similar to the legal adoption in a foreign country but no immigration benefits. The adoption is legal in the foreign country, so it is a legal adoption for US purposes. However, it does not mean the adopted child can get an immigration benefit.

[pushbrk 12,569]

The marriage would be legal since its legal in Hong Kong.

However, for immigration purposes US immigration will apply the laws of the state where you live.

This is similar to the legal adoption in a foreign country but no immigration benefits. The adoption is legal in the foreign country, so it is a legal adoption for US purposes. However, it does not mean the adopted child can get an immigration benefit.

Yes, US immigration will apply the laws of the State in which you live. However, the OP lives in Texas and Texas recognizes the marriages between first cousins when the marriage occurred in a country or US State where such marriages are legal.

It's the same principle that applies to gay marriage. Unless the State has passed its own Constitutional Amendment to the contrary, (Some have) a gay couple married in Massachusetts, has their marriage recognized in NY, for example or WA, etc.

If this couple legally marries in Hong Kong, they will have no problems related to being first cousins directly impacting either the visa or their life together in Texas BECAUSE they are a legally married couple. Note again though that being first cousins will be one of the totality of circumstances evaluated by a Consular Officer, when determining whether the marriage is bona fide. Bona fide and "legal" are not the same thing.

[Spirited59 0]

The marriage would be legal since its legal in Hong Kong.

However, for immigration purposes US immigration will apply the laws of the state where you live.

This is similar to the legal adoption in a foreign country but no immigration benefits. The adoption is legal in the foreign country, so it is a legal adoption for US purposes. However, it does not mean the adopted child can get an immigration benefit.

So if the OP lives in California where cousin marriages are allowed, the consulate would approve of the HK marriage, despite the fact that the fiance is residing in Vietnam?