Cousin marriage question

[ProPaki 0]

Hello,

I've married my cousin; it is legally allowed and culturally accepted in our religion(Islam) and the country we are both original from (Pakistan). We have applied for CR-1 and are almost done with the whole process; the only thing left is now the interview which she will have soon.

My question is this. Will the fact that we are cousins affect her eligibility for spouse visa? Should she try to hide the fact (but not lie) that we are cousins or be upfront about it? Basically I'm wondering if us being first cousins will cause any issues and what to do to resolve those issues? (We have a legitimate marriage, not for visa purposes only.)

I understand that K-1 spouse visa of cousin spouses depends on the state you live in but how about for CR-1? Isn't there some law in the US where marriages that legally took place in other countries are observed in the US?

Thanks!

Edited April 23, 2013 by ProPaki

[speedwell 224]

Hello,

I've married my cousin; it is legally allowed and culturally accepted in our religion(Islam) and the country we are both original from (Pakistan). We have applied for CR-1 and are almost done with the whole process; the only thing left is now the interview which she will have soon.

My question is this. Will the fact that we are cousins affect her eligibility for spouse visa? Should she try to hide the fact (but not lie) that we are cousins or be upfront about it? Basically I'm wondering if us being first cousins will cause any issues and what to do to resolve those issues?

I understand that K-1 spouse visa of cousin spouses depends on the state you live in but how about for CR-1? Isn't there some law in the US where marriages that legally took place in other countries are observed in the US?

Thanks!

The adjudicator's manual states, "In some foreign countries, and some states in the United States, marriages between close relatives (e.g., cousins) are permitted under certain circumstances. In cases where such marriages do not offend the laws of the state where the parties reside, the marriage will be recognized for immigration purposes."

[together4evr 360]

What state do you live in?

[Alaska2012 462]

K-1 is a fiance visa, cr-1 a spouse visa. Is it legal in the state you live in?

[ProPaki 0]

Arizona. My understanding is the state only matters if going for K-1 finance visa (yeah, sorry for typo in OP -- I meant K-1 fiance). We went for CR-1 spouse since we are already married. Will the state I live in affect her eligibiltiy for CR-1?

[hikergirl 277]

Speedwell directly quoted from the adjudicator’s manual. It matters for all marriage related immigration.

For Arizona, if you are first cousins then it won’t be approved unless you can prove one of you cannot reproduce or you are both over the age of 65. http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00101.htm&Title=25&DocType=ARS

Don’t try and hide the fact that you are cousins. It will only lead to problems.

Here is a wiki on where it’s legal to be married to your cousin: http://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States_by_state

[pushbrk 12,824]

The adjudicator's manual states, "In some foreign countries, and some states in the United States, marriages between close relatives (e.g., cousins) are permitted under certain circumstances. In cases where such marriages do not offend the laws of the state where the parties reside, the marriage will be recognized for immigration purposes."

Correct, however, if it were Texas, I'd be sure the visa would be denied. Arizona, is another matter, about which I'm not as certain. It depends on what is meant by "offend the laws...." Consult a qualified Immigration Attorney, because the Consular Officers DO know what is meant by "offend the laws....".

You may need to move to another State to have a successful visa process. These are things to check in advance, and one of the reasons people here need to stop telling people, "You can do it yourself." when they don't know squat about the actual circumstances OR the abilities, aptitudes or language abilities of the parties involved.

Edited April 28, 2013 by pushbrk

[ProPaki 0]

Thank you all for the help.

This is so bloody confusing. I have two attorneys that are telling me her visa will be approved but we may have to move to another state two years later so that her I-175 is approved. On the other hand, multiple people are saying it will not be approved.

Ugh.

[ProPaki 0]

FYI: the attorney I talked to says the Ajudicator's Manual doesn't apply to our situation because that is for the USCIS, which we have already passed. He said http://www.state.gov/documents/organization/86920.pdf is more relevant, which says the following:

The determination of the status of a "spouse" in an uncle-niece or first-
cousin marriage involves three variables:
(1) Laws of the place where the marriage took place;
(2) Laws of the State of proposed residence in the United States; and
(3) Facts that vary in each individual case.

What isn't clear is if (1) will overrule (2) or the other way around.

So far all the attorney's I've talked to are giving the green light, but I'm still a bit nervous.

[hikergirl 277]

Here is a recent refusal of a cousin marriage because they were going to be residing in Texas. http://www.visajourney.com/forums/topic/427282-first-cousin-post-interview-refusal/

IMO attorneys who want your money will say anything to keep you hoping and paying.

[NikLR 13,227]

FYI: the attorney I talked to says the Ajudicator's Manual doesn't apply to our situation because that is for the USCIS, which we have already passed. He said http://www.state.gov/documents/organization/86920.pdf is more relevant, which says the following:

The determination of the status of a "spouse" in an uncle-niece or first-

cousin marriage involves three variables:

(1) Laws of the place where the marriage took place;

(2) Laws of the State of proposed residence in the United States; and

(3) Facts that vary in each individual case.

What isn't clear is if (1) will overrule (2) or the other way around.

So far all the attorney's I've talked to are giving the green light, but I'm still a bit nervous.

Consider that at least the first two conditions must be met before approval. So it must be legal where it took place AND it must be legal in the state you intend to live.

For example: In some countries polygamy is legal, but is not legal in ANYWHERE in the USA. So thus the marriage is NOT legal in the USA.

[pushbrk 12,824]

Consider that at least the first two conditions must be met before approval. So it must be legal where it took place AND it must be legal in the state you intend to live.

For example: In some countries polygamy is legal, but is not legal in ANYWHERE in the USA. So thus the marriage is NOT legal in the USA.

You've used an excellent example. However, many state's that don't allow first cousin marriage, have no problem allowing first cousins married elsewhere, to reside in their State. Texas is an exception. It all comes down to the meaning of "offends the laws of...". Evidently one Consular Officer has interpreted that first cousin marriage offends the laws of Texas. I don't know about Arizona. The problem sometimes with getting answers from attorneys or anybody is that you must first ask the correct question, providing all the relevant context. Since I don't know the questions actually asked, the answers may or may not apply.