marriage of us citizen girl

[VanessaTony 3,567]

Hello everybody

I got student visa to study in USA and now I am in TX if I want to marry US citizen girl :

1- should I move with the girl out of the united state to my original country to make the marriage contract or no need for that?

2- what is the waiting time to get the green card for this case ?

Thank you all

If you marry outside the country you will need to apply for a CR-1 visa as re-entering as married is immigrant intent.

As you are in the US, AOS in the US is your best option. You will need to move to a state that permits first cousin marriage, get married, and live in that state while the AOS is processed because it is a criminal offence in Texas and you would be denied the GC.

[fabio 2]

There is a clear answer- as long as you reside in Texas, the cousin marriage will NOT be allowed for immigration purposes. If you move elsewhere, it will. You cannot just go for the day to a state where it is allowed. In the case of the marriage that happened in Jordan, because it is allowed there, the USA accepted it.

100% right and that is what happened to my relative cousins .

[fabio 2]

If you marry outside the country you will need to apply for a CR-1 visa as re-entering as married is immigrant intent.

As you are in the US, AOS in the US is your best option. You will need to move to a state that permits first cousin marriage, get married, and live in that state while the AOS is processed because it is a criminal offence in Texas and you would be denied the GC.

hello miss

the marriage done in Jordan 2006 and the US embassy accept it and recognize it and he got the immigration benefits,after 6 months he gets his permanent residency then they returned to live in Houston/Tx and they are first cousins "their mothers are sisters", and I will do like them, that's why I asked in the beginning should I return to Jordan to do the marriage ...it seems that I must return to Jordan to complete the marriage there

[Imagination 15]

1st cousin marriages are not legal in any US state that I am aware of (including Kentucky). Even if you get married in your country the US will not recognize it.

You are completely wrong!

U.S. State Laws

Second cousins may legally marry All States

First cousins may legally marry AK, AL, CA, CO, CT, FL, GA, HI, MD, MA, NJ, NM, NY, NC, RI, SC, TN,, VT, VA and Washington DC

Get your facts straight!

OP: Get married in one of the states listed above where first cousin marriage is legally allowed.

If you get married in your own country. ALL STATES will recognize it.

Edited March 22, 2012 by Imagination

[fabio 2]

You are wrong!

U.S. State Laws

Second cousins may legally marry All States

First cousins may legally marry AK, AL, CA, CO, CT, FL, GA, HI, MD, MA, NJ, NM, NY, NC, RI, SC, TN,, VT, VA and Washington DC

Get your facts straight!

Thank you very much sir for your clear reply

I appreciate your help

[Imagination 15]

hello miss

the marriage done in Jordan 2006 and the US embassy accept it and recognize it and he got the immigration benefits,after 6 months he gets his permanent residency then they returned to live in Houston/Tx and they are first cousins "their mothers are sisters", and I will do like them, that's why I asked in the beginning should I return to Jordan to do the marriage ...it seems that I must return to Jordan to complete the marriage there

You don't "have to" return. If there is a way for you to move to one of the states that allow first cousin marriage (as I listed earlier), then just get married there. (Your US citizen fiance (i'd call her) has to become a resident of a state that allows cousin marriage, in order to get married in the US. Otherwise, get married in Jordan. But that could be a lengthy process specially if you are studying here, you might not be able to return until the process is complete. Good luck!

[Imagination 15]

Okay. Here's the issue. IF in the state you live in it's illegal, then USCIS will not permit her to immigrate. So if you plan to do this she will need to move to another state were it IS legal and petition you from there. It's likely your cousins didn't live in Houston at the time. Are they also first cousins or are they second cousins? This makes a difference. It also makes a difference that it was a CR-1 application. If it was AOS in the US then they're forced to go by state laws that wouldn't permit it.

Read this: http://en.wikipedia.org/wiki/Cousin_marriage#United_States_2 There's a little map on the side that says first cousin marriage in texas is a criminal offence... so I wouldn't go around advertising it if I were you.

If the marriage took place in Jordan, the USCIS will accept it as legal marriage and will permit immigration based on that marriage. He wouldn't have been allowed fiance visa because Texas doesn't allow cousins to get married in that state. He wouldn't have any problem getting spousal visa where they don't even ask if the person is your relative or not because they are already married in a country where it is legally permitted. So they can go live in Texas after immigration without any problems--As was the case with the OP's relatives or friends he mentioned.

Again, If the "US citizen girl" establishes residency at a state where first cousin marriage is legally permitted, they can get married there, and continue with through the whole AOS and immigration process. After you get your green card, live where ever you want.

[Imagination 15]

The issue for USCIS, as I stated, is that the marriage must be legal in the state in which the couple resides. They could get married in another state or country, but they cannot get any immigration benefits from the marriage.

Wrong info!

They CAN get immigration benefits. If marriage took place at ANY state or country where it was permitted, US WILL recognize it.

[VanessaTony 3,567]

Wrong info!

They CAN get immigration benefits. If marriage took place at ANY state or country where it was permitted, US WILL recognize it.

No. YOU are giving wrong info. This is VERY well documented. The rules of the state the AOS is processed it must be followed. This has hurt several people.

For example. Girl got divorced in her state but remarried in another state. in her state the law was a waiting period between divorce and marriage but in the state she was married in there was no such law. Her AOS was denied because the marriage in the other state wasn't valid in HER state because it wasn't past the waiting period for the divorce in her state.

Again, if she files for a CR-1 after marrying in a state where it was legal they will be fine. If they try and file for AOS while in Texas it WILL be denied because the marriage isn't recognised in the state they reside in. It depends on what path they're following.

[AKSinghSingh79 143]

Wrong info!

They CAN get immigration benefits. If marriage took place at ANY state or country where it was permitted, US WILL recognize it.

If you are so sure your answer is correct, then provide a link showing that the information you provided is true. Please provide a legitimate website. No wikipedia articles. I would like to see something with .gov at the end since this is directly related to USCIS.

[Imagination 15]

No. YOU are giving wrong info. This is VERY well documented. The rules of the state the AOS is processed it must be followed. This has hurt several people.

For example. Girl got divorced in her state but remarried in another state. in her state the law was a waiting period between divorce and marriage but in the state she was married in there was no such law. Her AOS was denied because the marriage in the other state wasn't valid in HER state because it wasn't past the waiting period for the divorce in her state.

Again, if she files for a CR-1 after marrying in a state where it was legal they will be fine. If they try and file for AOS while in Texas it WILL be denied because the marriage isn't recognised in the state they reside in. It depends on what path they're following.

The example you gave has little-nothing to do with this case. Marriage to a 1st cousin is not a bar to family-based immigration in any given state. I know of many cousin marriages successfully immigrating while living in the state that doesn't allow cousin marriage. They didn't have a problem because the marriage didn't take place in the state that did not permit it.

So my statement stands true.

[AKSinghSingh79 143]

The example you gave has little-nothing to do with this case. Marriage to a 1st cousin is not a bar to family-based immigration in any given state. I know of many cousin marriages successfully immigrating while living in the state that doesn't allow cousin marriage. They didn't have a problem because the marriage didn't take place in the state that did not permit it.

So my statement stands true.

Like I said, please provide a link backing up your statement.

[Imagination 15]

If you are so sure your answer is correct, then provide a link showing that the information you provided is true. Please provide a legitimate website. No wikipedia articles. I would like to see something with .gov at the end since this is directly related to USCIS.

"In order to file for a marriage petition, one should have a valid marriage. A valid marriage is one which is recognized in the State in which it takes place. For example, if Ram gets married to Anita in Nevada and moves to California, this marriage will be recognized by the Immigration. However, if Ram and Anita are first cousins, Nevada will not recognize the marriage and thus Immigration will also not recognize this marriage. This is very important because you might not know this fact until you file your petitions with the Immigration. Also if the marriage takes place, for instance, in Fiji, Immigration will recognize the marriage as long as the marriage is recognized in Fiji." http://www.peerallylaw.com/en/content/view/63/206/

This is a law website. I hope you will do the search for .gov website. I don't have the time right now to read all the laws to find the particulars for this specific case. I have provided the answer, with knowledge, experience and referenced to a lawyers website.

So like I said, If the OP gets married in Texas and files for immigration, they will be denied.

But, If they get married in a STATE or COUNTRY that permits 1st cousin marriage, they will get the immigration benefits.

[alizon 77]

So like I said, If the OP gets married in Texas and files for immigration, they will be denied.

But, If they get married in a STATE or COUNTRY that permits 1st cousin marriage, they will get the immigration benefits.

Not necessarily. Some states will not recognize the marriages of their residents if the marriage took place in another state specifically to circumvent the laws of their state of residence (which is exactly what the OP would be doing).

This citation is specific to Illinois, but it's possible that it would apply to Texas as well:

"Moreover, a marriage contracted in another state or country solely for the purpose of evading the Illinois marriage prohibition is void in Illinois. The foregoing rules thus enable an Illinois resident to sponsor his first cousin spouse for permanent residence under certain circumstances (e.g. the Illinois resident got married to his first cousin previously while living and working in California where cousin marriages are allowed), but not under other circumstances (e.g. the Illinois resident travels to California solely for the purpose of getting married to his first cousin and returns to Illinois to continue to reside there). Given the disparities in marriage laws throughout the United States and the world, the result of the analysis will vary depending on the specific facts of your case."

http://www.immig-chicago.com/index.php?src=blog&category=Your%20Immigration%20Status&srctype=detail&blogid=11

A few posts back you correctly said that the US citizen would have to be a resident of a state that allows first cousin marriages. Have to be careful when saying if they got married in any state or country, it would provide immigration benefits because that's not exactly true.

Edited March 22, 2012 by alizon

[Imagination 15]

Not necessarily. Some states will not recognize the marriages of their residents if the marriage took place in another state specifically to circumvent the laws of their state of residence (which is exactly what the OP would be doing).

This citation is specific to Illinois, but it's possible that it would apply to Texas as well:

"Moreover, a marriage contracted in another state or country solely for the purpose of evading the Illinois marriage prohibition is void in Illinois. The foregoing rules thus enable an Illinois resident to sponsor his first cousin spouse for permanent residence under certain circumstances (e.g. the Illinois resident got married to his first cousin previously while living and working in California where cousin marriages are allowed), but not under other circumstances (e.g. the Illinois resident travels to California solely for the purpose of getting married to his first cousin and returns to Illinois to continue to reside there). Given the disparities in marriage laws throughout the United States and the world, the result of the analysis will vary depending on the specific facts of your case."

http://www.immig-chicago.com/index.php?src=blog&category=Your%20Immigration%20Status&srctype=detail&blogid=11

A few posts back you correctly said that the US citizen would have to be a resident of a state that allows first cousin marriages. Have to be careful when saying if they got married in any state or country, it would provide immigration benefits because that's not exactly true.

You're right. Others have also mentioned that you can't just go to another state for a day to get married. I noted that as well. But The statement about "marrying in the state where it is permitted and it will be recognized in all US states" remains true. (only the circumstances of marriage are different)