I fell in love and got married to someone related to me.

[pushbrk 12,569]

If the marriage is not considered legal in the country in which it took place, then a marriage based visa to the US would not be possible. If they petitioned and applied now, it would open up all kinds of worms. Their marriage would likely be nulified, once it is discovered to be illegal, would it not?

You're right Reba. If this couple was married in Armenia where marriage of first cousins is illegal, then this marriage would be a nullity (aka, invalid marriage).

His option would be to marry again in the US, where marriage between first cousins is considered valid.

We cannot know what will happen. From the information the OP posted the marriage "could be" nullified but it's not at all clear how the familial relationship would come to light or what actions would be taken, if any if and when it did come to light. We certainly cannot assume a Consular officer will ever know or if so ever care about whether the couple are first cousins.

They either have a legal marriage certificate or they don't.

Edited July 6, 2008 by pushbrk

[Kathryn41 3,205]

Just some interesting and reassuring facts about first cousin marriages - http://www.cousincouples.com/info/facts.shtml

and this from Wikipedia "History of Armenian Nationality" -re "The Family Code" which is where the OP's problems lie: http://en.wikipedia.org/wiki/History_of_Ar...blic_of_Armenia

"Family legislation

The Family Code was adopted November 9 2004. According to Article 10, marriage contracts are only legal with the mutual consent of a man, age 18 or older, and a woman, age 17 or older. Marriages are prohibited if

* one of the persons is already legally married

* between parents and children, grandparents and grandchildren, siblings, aunts, uncles, and cousins

* between adopters and adopted

* one of the persons is considered incapable by the court.

Divorce can be granted in the case of mutual consent by the Civil Status Registration Department or if there is a lack of agreement through a judicial process. A husband may not submit an application for divorce while his wife is pregnant."

and here is a link to the actual code: http://www.parliament.am/law_docs/081204HO...ng.pdf?lang=eng It is in article 11 that close relatives are not allowed to marry. Chapter 5 addresses invalid marriages. It appears, if I am reading this right, that the marriage between close relatives cannot be made valid unless a Court intervenes.

Edited July 6, 2008 by Kathryn41

[rebeccajo 14]

If the marriage is not considered legal in the country in which it took place, then a marriage based visa to the US would not be possible. If they petitioned and applied now, it would open up all kinds of worms. Their marriage would likely be nulified, once it is discovered to be illegal, would it not?

You're right Reba. If this couple was married in Armenia where marriage of first cousins is illegal, then this marriage would be a nullity (aka, invalid marriage).

His option would be to marry again in the US, where marriage between first cousins is considered valid.

We cannot know what will happen. From the information the OP posted the marriage "could be" nullified but it's not at all clear how the familial relationship would come to light or what actions would be taken, if any if and when it did come to light. We certainly cannot assume a Consular officer will ever know or if so ever care about whether the couple are first cousins.

They either have a legal marriage certificate or they don't.

Bolded one point for discussion - we can't know what a CO may think, but we have a post very early in this thread from William33 (who has worked in consulates around the globe) that the OP has a difficult case.

I kind of wish William would come back and expound on this a bit.

[tammy2688 1]

And in fact, forget about the cousin thing. This is exactly what everyone here has to go through.

DO YOU HAVE A MARRIAGE CERTIFICATE THAT SHOWS YOU ARE LEGALY MARRIED?

YES - File for K3 visa!!!!!

NO - File for K1 visa!!!!!

If the answer is NO, then after you receive the K1 visa, many of the states that allow first cousin marriages do not have requirements that you live there. So go on vacation and get married.

Very simple and straight forward!!! No need for lawyer or stress!!!

And don't over think this

Yea

There are hundreds of couples from Middle East, Asia and Southeast Asia going through this, its not a 2nd thought in those regions. They are just married. So just think of this as a marriage petition but as everyone here said, make sure you are legally married in the first place. If not, then file for a K1 and it will go by as any other case would. I mean there are bumps in the road in all types of cases so we can just pray for the best.

Edited July 6, 2008 by tammy2688

[pushbrk 12,569]

If the marriage is not considered legal in the country in which it took place, then a marriage based visa to the US would not be possible. If they petitioned and applied now, it would open up all kinds of worms. Their marriage would likely be nulified, once it is discovered to be illegal, would it not?

You're right Reba. If this couple was married in Armenia where marriage of first cousins is illegal, then this marriage would be a nullity (aka, invalid marriage).

His option would be to marry again in the US, where marriage between first cousins is considered valid.

We cannot know what will happen. From the information the OP posted the marriage "could be" nullified but it's not at all clear how the familial relationship would come to light or what actions would be taken, if any if and when it did come to light. We certainly cannot assume a Consular officer will ever know or if so ever care about whether the couple are first cousins.

They either have a legal marriage certificate or they don't.

Bolded one point for discussion - we can't know what a CO may think, but we have a post very early in this thread from William33 (who has worked in consulates around the globe) that the OP has a difficult case.

I kind of wish William would come back and expound on this a bit.

Well we can't know what the CO will think if they know and we can't know if the subject will ever come up. Certainly an excellent attorney would be a good asset in such a case. So would any direct knowledge of a similar case.

[MrsCat 6]

If the marriage is not considered legal in the country in which it took place, then a marriage based visa to the US would not be possible. If they petitioned and applied now, it would open up all kinds of worms. Their marriage would likely be nulified, once it is discovered to be illegal, would it not?

You're right Reba. If this couple was married in Armenia where marriage of first cousins is illegal, then this marriage would be a nullity (aka, invalid marriage).

His option would be to marry again in the US, where marriage between first cousins is considered valid.

We cannot know what will happen. From the information the OP posted the marriage "could be" nullified but it's not at all clear how the familial relationship would come to light or what actions would be taken, if any if and when it did come to light. We certainly cannot assume a Consular officer will ever know or if so ever care about whether the couple are first cousins.

They either have a legal marriage certificate or they don't.

Bolded one point for discussion - we can't know what a CO may think, but we have a post very early in this thread from William33 (who has worked in consulates around the globe) that the OP has a difficult case.

I kind of wish William would come back and expound on this a bit.

Well we can't know what the CO will think if they know and we can't know if the subject will ever come up. Certainly an excellent attorney would be a good asset in such a case. So would any direct knowledge of a similar case.

It seems that there was a marriage in Armenia. I would think that this gentleman has a marriage certificate or in the least a registered marriage (which I presume, since he says he slipped through the cracks when they got married). If a marriage is invalid from the outset, no marriage certificate etc would create a valid marriage - the marriage would still be a nullity now and 300 years from now. Now whether a CO asks about it (since they would likely go on the certificate) is a moot point, because there are many greater legal consequences just outside of immigration.

You're right - he needs a lawyer to sort this out, especially if he's tried to get married before in a country which considers a marriage between first cousins invalid.

[Capsule 0]

I sincerely appreciate every single one of your responses. I have read and written replies to all of them and saved them in a word document and will reply to you all when I get home (it's difficult doing this without your co-workers checking you out to see what you are writing about).

[tammy2688 1]

Take your time, we just hope we have helped you out with this predicament. May God bless you and all of us.

Tammy

[Capsule 0]

Does she have any work experience, maybe she and you could get working visas to a different country like Australia, then get married there? Or get student visas to the same city college? There has to be some coutries that you can marry a cousin in?

Good luck and maybe try a Immigration lawyer who knows the Armenia laws.

She recently graduated with a bachelor's degree in nursing from an institution in Armenia that is accredited by UCLA.

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May God Bless you with you the right advice Take some time to read through all of the posts. It might seem impossible at first, but even though the rest had to go through much hardship, it must be worth it in the end, right?

Thank you, I am reading through the posts in the forum to see what other problems others have incurred. It is definitely worth the wait, and ANYTHING is worth it for me at the end.

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After coming back to the United States I consulted with a lawyer and he said I’m probably going to end up having problems. After I researched Armenian family law, I found out that this:

i) Cousin marriages are not allowed!

I hope I understood what you exactly talking about! your story is long and I read it fast, so I hope I didn't miss something I really liked the fact that you're ready to do anything to win your love...

From the quote above... you said the Armenian Law... did you mean the American law? if you meant the US. so it depends on which state you're living in! Check This... but if that is the problem so just move to another state... not to CANADA!

but if you meant the ARMENIAN law... so the problem that you faced was that your marriage in Armenia was INVALID and haven't been accepted by the US. just because it's not lawful in Armenia. [ in this case

Why you didn't try K1 visa? ]

Well, I've read that you considered coming to Egypt or Jordan... tell you what! Egypt is the easiest place for someone to get married... but here is some problems you might face...

(1) as you're a US. Citizen, did you give up your Armenian nationality or you have a dual citizenship? 'cause you and your girl have to be holders of the same nationality if you're considering getting married outside of Armenia or the US.

(2) I'm not sure if you have to go through the Armenian embassy if you wanted to get married here and get a affidavits or something from there...! 'cause the Armenian embassy is NOT going to issue these affidavits as long as cousin marriages is prohibited by the Armenian Law!... [ these affidavits will be required by the Egyptian court to proceed with the marriage. ] I'm also unsure that there's Armenian embassy in Egypt!

I wish you a good luck...

I meant Armenian law.

I am willing to do anything to be happily reunited with her without the fear of our life from her family. That fear would not exist in the U.S., but it surely will over there.

Our marriage in Armenia is still "valid" because the issue has not yet been brought up to them, however, once it is brought up it will be invalidated.

1) That is something I did not know, when I became a U.S. Citizen many years ago I gave up my Armenian nationality, so we would both be foreign nationals in Egypt, that answers that question, no more Egypt then.

2) I will look into seeing if there is an Armenian embassy in Egypt and contact them to see if anything can be done. Nevertheless, Armenians are more skeptical than Americans it seems like, and for some reason I have lost trust in them. When I called the American Embassy in Yerevan, Armenia, they told me that as long as a marriage certificate is given to us and we are married, we have nothing to worry about then. Something tells me they are being dishonest with me though.

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After re-reading the original post, I see that they are already married. Ergo he needs to file to bring a foreign relative to the US. The problem, of course, is that Armenia will possibly deny it because of the relationship between him and his wife. The US will likely not be the problem...it'll be the Armenian side.

Unfortunately, I don't know what to tell you, other than what everyone else has already said....immigration attorney, etc.

Good luck.

I believe both will deny it, as both of our mothers have the same maiden name, and it will be shown in the 325 biographical information forms.

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Hi,

I want to wish u good luck and say a prayer for u.........

i dont know the law in Armenia, or even the law in the USA about this for that matter but i do know that places like Pakistan, India, Egypt and a few other countries first cousins do marry and there have been USA citizens that have gone home to the countries that they have citizenship with as well as USA citizenship married their first cousin and brought them back to the USA.......it is correct for the most part first cousins can not marry in the USA.......how ever it looks like from what i have read if the country of the spouse allows for first cousins marraige then in the end most are allowed to bring the wife or husband back to the states because that law (and im sure someone will correct me if im wrong but that law about marraige IN the USA to a first cousin only effects the couple if they are to marry here and that the USA for the most part has to abide by the law of the country that the marraige occurred in

From my understanding the U.S. will GENERALLY recognize the marriage law in the state which the marriage took place. I'm going to assume the exceptions are if it is parent/child, siblings, grandparent/grandchild, aunt or uncle/nephew or niece.

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If the marriage is not considered legal in the country in which it took place, then a marriage based visa to the US would not be possible. If they petitioned and applied now, it would open up all kinds of worms. Their marriage would likely be nulified, once it is discovered to be illegal, would it not?

That is exactly the reason why I have not yet petitioned.

The forms for her to come to Canada on my study permit did not ask for our mothers maiden names, that is one of the reasons I chose to come here (in addition to contacting a license registry and speaking to their manager who said that we CAN get married in Canada at his registry or any other registry).

Because of the 325 Biographical Information forms the truth will be out, I can almost guarantee they will research into it and see that we are cousins because our mothers share the same maiden name (their maiden name is an uncommon last name, adding to more reason to research into it).

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Here is a list of states and what they say about first cousin marriages: http://marriage.about.com/cs/marriagelicenses/a/cousin.htm

Maybe you could get her to the USA on a tourist visa, get married there, and then after she goes back home file for a K-3?

Thank you for the list, I have already been planning to move to one of those states. I have a lot of family from my father's side in California, and they would've been more than willing to help me bring my wife and be with her, however, if they find out (which they will) that she is my cousin, they'd most likely not talk to me, throw me out of their home and probably tell all family members to stay away from me because I'm probably a sexual predator as I can not control myself with my own cousin. Which is absolutely fine with me if she was here, but until she's with me, I'm best off of no family member knowing.

And if only she could come here, it is nearly impossible for an Armenian national to come to the U.S.A. now unless they are diplomats or multi-millionaires that have reason to go back.

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They're already married....

And by the laws of the country they got married in, their marriage is not considered to be valid.

Reba said this:

If the marriage is not considered legal in the country in which it took place, then a marriage based visa to the US would not be possible.

Therefore, I suggested they could get married in the United States in one of the states that would consider such marriage to be valid and then they could apply for a K-3 with no problem.

Our marriage will be invalidated after the fact is known, however, until then we are still considered valid. Should I file the petition for her to come here as my wife, the fact will be brought up and it will be validated and then we run into problems because they are suspicious of what we are doing.

I think it will not be a good idea to file for her to come as a fiance until I have proof or documentation that our marriage is officially nullified. Even then, it's going to put up some red flags into why she was "married" with me before and now she is engaged to me. But it seems like this may be the route I have to take.

I have a feeling though that my word is simply not going to be enough, that I will have to be in Armenia for a certain amount of time that shows the sacrifice I'm willing to make.

I know that I can petition for her in Armenia only after I'm in Armenia for 6 months, that way I can go into the interview with her, I'm more than willing to do that, all I need to do is go back home, earn some money, fly out and I'm sure things will fall into place from there (if only they would allow it and trust that this is not a sham). A while back I donated some money to an organization and they own some property in Armenia outside of Yerevan, he offered me the place to stay at for free as a form of appreciation, so I CAN stay there with her.

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[Capsule 0]

They'd have to have it officially nullified in Armenia first, though.

Yes, I am thinking that would be the right thing to do.

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I found information about a lawyer in the US that is specialized in Armenian Family Law: http://www.armenianyellowpages.us/?desc=Ar...ery&cid=134

Sefyan Law Firm - Attorney, Lawyer, Law Office, Lawyers

1101 East Broadway, Suite #207

Glendale, CA 91205

Phone: 818-500-1882

Fax: 818-484-2193

Website: http://www.sefyan.com

Thank you for that, I will be calling them tomorrow morning.

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You say you researched Armenian law. Did you do such research on your own or did you have someone help you?

Deciphering law by research is a daunting task for a layperson, much less trying to decipher law from foreign lands.

I'm trying to understand if you are considered married at all. And I'm not certain who can ascertain that for you. What have any attorneys you consulted in the US said about the validity of your Armenian union?

I researched it myself over and over again. There's always a possibility of me misinterpreting what I have read. I read it both in Armenian and the translated versions in English.

The two immigration attorney's I've consulted with have said, "They do not know Armenian law." I have a feeling the attorneys I've met with did not have the desire to help me, both of them were very religious though, and I think that could be the reason why.

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Marriage between cousins is so common in many asian countries that it is not even thought of a second time. Many asian/southeast indian, pakistani, etc people get married to cousins and immigrate here with no problem. So you can see how your process goes, and if you are thinking there will be major problems, you may decide to re-marry at a 3rd party country if not allowed in Armenia and check out the states that allow this or if you are not asked, then you should not worry about it.

I wonder if in the countries you mentioned they have a central data base with the records of all citizens to be able to match them up? Also, because it is socially accepted and legal in some of those countries, that probably also makes a big difference to the outcome and/or ease of the process.

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I was thinking the same thing. You said that you should not have been able to get married, but no one noticed and you did get married. So I would think that you are married and have a marriage certificate. So you could file for a K3 visa. I doubt anyone would ask during the process if you are related. I really do not think this would be an issue.

Other options, there are many states that allow first cousins to marry. Alabama, California, Colorado, New Mexico, Alaska, Florida, D.C., Georgia, Hawaii. So if the marriage was not valid, you could move to one of thise states, apply for a K1 and get married. You do not need to go to a different country.

But, Dude, don't do anything stupid!! There are always ways around anything and always solutions.

I do not even know if you need a lawyer. You do have options here:

1. if for all purposes, everything appears legal and you have a Certified Marriage Certificate, just apply for a K3.

2. Otherwise, get the marriage annuled, move to a state where it is legal, and apply for the K1.

When you really think this through, this is not a difficult situation.

Good luck!!!

One lawyer actually told me that the best thing I can do is when I file the petition to write in the state that we intend to live, a state which cousin marriages are legal, but he said I'm probably going to encounter some problems.

I believe if I file for the K-3, no matter what state I move to it will be brought up and the Armenian government over there will chose to invalidate it.

If (which also seems like my best option right now) I go to Armenia and officially nullify our marriage and then file for a K-1 I will also experience some hardship because of the obvious facts.

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This is what I found for you in a search: This is regarding Islam and many other cultures allowing marriage between 1st and 2nd cousins. They do not inquire this during interview, but the main concern here is if you are legally married yet or if you are and do get together, you must be cautious when thinking of having chidren.

"Such marriages are allowed in many other religions and cultures as well. In United States, most of the states allow marriages between the first cousins.

However, it is a good practice to have a blood test before marriage. If one suspects some hereditary disease or any other problem then he/she should seek the advice of a medical expert in this field. The chances of health risk in this marriage are very rare. Most of the marriages have been good and children quite healthy."

The risk of increase is only slightly.

I honestly do not care even if the risk was ten times a greater from "regular couples." I just want to be with this person, no matter what.

Seeking genetic counseling is something I may (and probably) will do. However, outcome of that will not change my mind about being with her, it MAY change my mind about having children (there are many kids who need a home, adoption is one option if we decide it's too risky).

Thank you for your advice and concern, I truly do appreciate it.

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Edited July 7, 2008 by Capsule

[Capsule 0]

HOnestly I could care less if she is your cousin or someone you met yesterday as a complete stranger with no relation. The problem you have here is immergration. My question is.. is it more important to be together in the end or be in the U.S.???

for me we are working on getting my husband here in the U.S. cause of my children from another marriage.. but if it comes to it I'll go to him in the end if necessary. We believe we should be together anywhere they will allow us to be.

I recomend figure out that first than start making a plan. Good luck to you both.

Is it absolutely necessary that we be in the U.S.? No.

If I can not be in the U.S. with her, will I not be with her? I will be with her anywhere possible to be with her.

Of course I hope we can be together in the U.S. because I have a lot of dreams for us here. I have my sights on some really good police departments that I want to be a part of. Most women in Armenia can not ever dream of even being behind the steering wheel of a car, I have so many great aspirations for both of us. All that however means NOTHING to me without her, so I will be willing to be anywhere to be with her.

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Either they are legally married for the purposes of immigration (and need to file for K3), or they aren't (and need to file for K1).

OP... are you still around, and do you have an Armenian marriage certificate?

If not, do you live in one of the states listed as allowing first cousin marriage, in the links previously posted about legal cousin marriages in the US?

Have you consulted any pro bono immigration organizations, like Catholic Charities?

I don't think your situation is hopeless at all. And I don't think you need to involve a third country in this. But your wife needs a safe place from which to conduct her part of this effort (the Armenian equivalent of a Kinko's and a post office box).

This place is a good resource full of good people who want to help. I hope you'll keep coming back.

Maya

Yes, I am still around, I've been at work since early in the morning and have been trying to respond to all the posts while being distracted, that is why it is taking me so long to respond.

I live in a state which allows cousin marriages under certain circumstances (age and inability to bear children are the circumstances) which I don't fall into.

I have not contacted any pro-bono immigration organizations like you have mentioned, maybe I should give them a try. I tried Amnesty International and ACLU, no luck with them.

By the way, one of my greatest friends since junior high school is from Nepal, he's studying in Texas to become a pilot. I talk with him almost everyday and he was one of the first people I talked to about this and he has stuck with me the whole way, great guy.

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And in fact, forget about the cousin thing. This is exactly what everyone here has to go through.

DO YOU HAVE A MARRIAGE CERTIFICATE THAT SHOWS YOU ARE LEGALY MARRIED?

YES - File for K3 visa!!!!!

NO - File for K1 visa!!!!!

If the answer is NO, then after you receive the K1 visa, many of the states that allow first cousin marriages do not have requirements that you live there. So go on vacation and get married.

Very simple and straight forward!!! No need for lawyer or stress!!!

And don't over think this

I wish it was that easy and that was the case. I do have a "still valid" marriage certificate, but Armenia is a country with a high rate of fraud to come to the states. Filing for a K-3 will almost surely cause problems after they see that our mothers share an uncommon maiden name.

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I am so sorry about your situation. I have talk to a couple of people that have had the same problem. I still dont know the answer to it. I just wanted to add that I think if your going through armenia you have to deal with the embassy in TBILISI, GEORGIA. It might be for just k-1 visa's I am not sure. I wonder if you have to follow the marriage laws in GEORGIA not armenia. Just a thought.

That used to be the case up until a couple years ago when the U.S. Embassy was built and opened.

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I wouldn't worry about what other people think! The both of you are adults and no one but you two can decide who you want to be with... I cannot help you with the other issues, but I just want to say " Good Luck to you both and I hope you find a way to get around these obstacles that are in front you right now". Hang in there! I am sure you will find your way!!

Thank you, I completely agree with you. It took me a year to find out she was in love with me, three weeks for me to get over that, and at this point, I could care less when she's in my arms.

I'm living my life for me and my wife, if family and friends are not able to deal with me being happy, that is their loss.

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I appreciate all your responses. You have given me a renewed sense of hope and allowed me to vent. Last night I was feeling pretty depressed and sad. I call her house every other day and talk for about 25-40 minutes, usually my talk with her ranges from 1-4 minutes as I talk to EVERYONE in the family to not arouse any suspicion, every once in a while I get lucky and she is the only one home.

I have been keeping my phone records since November and a written letter she wrote to me while in Armenia. I have almost 500 pictures of us from times that she skipped her classes and we went off together. Many nights (like last night) I went through all the pictures and when I do I start getting very depressed and sad.

I thank you all for your responses and I am open to ANY suggestions you may have.

[Capsule 0]

Kathryn41,

You are absolutely correct, that is the same thing I also read and the same way I interpreted as well.

The wording sounds a little weird because it is translated word for word from the Armenian language. I read it in Armenian and I interpreted it exactly the same.

ARTICLE 10. CONDITIONS OF MARRIAGE CONCLUSION

1. The mutual voluntary consent of a man and a woman and the marital age of

them (17 for women and 18 for men) are necessary for marriage conclusion.

2. The conclusion of marriage under the circumstances stipulated by Article 11 of

the given Code is prohibited.

ARTICLE 11. BARRIER CONDITIONS FOR MARRIAGE CONCLUSION

Marriage conclusion is prohibited:

a) if at least one of the persons is in a marriage, registered by the procedure

established by the law;

b ) between close relatives (direct relatives: parents and children, grandparents and

grandchildren, as well as siblings and siblings with common mother or common father,

aunts, uncles and cousins);

c) between the adopters and adopted;

d) between the persons, at least one of who is recognized incapable by court.

CHAPTER 5

MARRIAGE INVALIDITY

ARTICLE 20. RECOGNITION OF THE MARRIAGE INVALID

1. The marriage is recognized invalid by court.

2. The marriage concluded with the barrier conditions stipulated by Articles 10,

11 and Provision 3, Article 12 of the given Code is recognized invalid, as well as the

marriage in case of which the spouses or one of them registered the marriage without an

intention to make a family (false marriage). <----- I have included Article 11 above, one of the barrier conditions

3. Within three days after the entry into force of the court verdict on recognition

of the marriage invalid the court is obliged to send the extract of the verdict to the Civic

Status Registration Department of the state registration of the marriage.

4. The marriage is considered invalid after the state registration.

ARTICLE 22. CIRCUMSTANCES ELIMINATING MARRIAGE INVALIDITY

1. The court can recognize the marriage valid if at the time of the consideration of

the case on recognition the marriage invalid the barrier conditions for marriage

conclusion were removed. <---- Any of the barrier conditions can be removed, they can bend the law how they want.

2. In case of a woman’s pregnancy or birth of a child, or if the interests of the

minor spouse require marriage validity, as well as in case of the absence of the minor

spouse’s consent to recognize the marriage invalid, the court can reject the suit to

recognize the marriage invalid. <--- That is one option I'm willing to do but want to avoid. I am not prepared or anywhere near to ready to have a child. In addition to that, I still want to spend time with my wife, travel, have fun and allow her to live a life also. Many women in Armenia are to be "good wives" and mothers to their children and an indentured servant at home. I want her to live a life and have fun before she is the mother of my children. And another obstacle there is her family.

3. The court cannot recognize the marriage false if the persons who registered

such a marriage before the case consideration by the court virtually made a family. <--- So if I "make a family" after consideration it will still be considered invalid?

4. After marriage cancellation the marriage cannot be recognized invalid, except

for the cases when the spouses are relatives, which is prohibited by law, or the cases

when at the moment of state marriage registration one of the spouses was in another noncancelled

marriage. <---- So, after we "cancel" our marriage it can not be recognized as an "invalid marriage" UNLESS for cases that we are relatives which means once the fact is brought up or even after our marriage is "canceled" it will never be canceled, only "invalid?"

Edited July 7, 2008 by Capsule

[Chet 0]

Capsule,

I am impressed of how thorough you are. You seem like a sharp guy and I honest wish you the vest best. I only wish I have knowledge in the matter to provide you additional input. I don't have any opinion one way or another regarding your relationship as long as this is what you want.

I also want to add a comment to those referencing relationship with cousins. In the old days of royalty in the UK and in many countries, the royalties would marry their cousins and bloodline as well. It is not a phenomena for Arab or Asian countries, but is practiced around the world. I am not one to judge people in the matter of the heart, but I do believe that if two people truly love each other then they can overcome all obstacles. I wish you the best of luck and hope that things will play out in your favor.

[Steve Y Jessica 1]

OK, so the easiest thing is to have your wife get the marriage invalidated then just petition for the K1 visa. There are no problems, marriage to first cousins is not illegal.

[pushbrk 12,569]

I know that I can petition for her in Armenia only after I'm in Armenia for 6 months, that way I can go into the interview with her, I'm more than willing to do that, all I need to do is go back home, earn some money, fly out and I'm sure things will fall into place from there (if only they would allow it and trust that this is not a sham). A while back I donated some money to an organization and they own some property in Armenia outside of Yerevan, he offered me the place to stay at for free as a form of appreciation, so I CAN stay there with her.

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A direct Consular filing would be out of the question unless you are "married". There is no DCF for a fiance. I'm not so sure your familial relationship will come out based on mothers' maiden names but it IS a valid concern. The odds are good you're right. Too bad you didn't research all this before you married. I know, hindsight is 20/20 and all.

I think the Embassy people were telling you the truth in that they would accept a valid marriage certificate but as you've aptly pointed out, there's more to the story than that. Even if they don't consider your marriage to be invalid legally, the danger in discovering the family relationship is that they'll consider the marriage to have been entered into for immigration purposes rather than bona fide. That's the most common problem when marriage to a relative is suspected.

I really do think your next research should be in finding the appropriate attorney. Maybe they can find a way to take the bullet out of your foot.

Edited July 7, 2008 by pushbrk