marriage between first cousins

[karensita 0]

Hello guys!

Here is for you another situation of marriage between cousins .

My boyfriend and I are cousins ​​(yes, first degree) and he is an American citizen but unfortunately of the 50 states where he could live, he lives in Texas (where it is known that the marriage between cousins ​​is illegal and worse than a fatal wound ) .

Reading in this forum similar situations , we know that the chances of us to be approved are really minimal but now we are almost at the end (I have the interview in February) .

When we submitted our application (k1 Visa ) to the USCIS , obviously they have sent us a NOID because we could not conclude a legal marriage in a state that prohibits the union between first cousins. We have sent a reply letter in which we explained that our intention is to get married in California and also we want to move there by the end of 2014.

Our case was approved and it is now at the American Consulate in Naples ( Italy ) .

The question then is this: it is impossible for us to get this visa? USCIS didn’t just say “NO” at our response for NOID ? We can prove in some way that we really want to get married and go to live in California? Or do you think it is best to wait until my boyfriend finally transfer and redo all the documents again?

Please , I know that for many of you union between cousins ​​is considered incest , but I swear we did not choose to be cousins ​​(on the contrary, it would have been easier not to be cousins. BELIEVE ME!) , and above all to fall in love . So please avoid offensive comments because we have already had to suffer for many bad situations.

Thank you all for your answers

[NigeriaorBust 4,087]

If the marriage would not be legal then you will not be approved.

[JohnR! 5,495]

The question then is this: it is impossible for us to get this visa? USCIS didn’t just say “NO” at our response for NOID ? We can prove in some way that we really want to get married and go to live in California? Or do you think it is best to wait until my boyfriend finally transfer and redo all the documents again?

It is not impossible at all. Even though you can't get married in Texas, you can do so in several other states. By marrying in California, as you intend, you will be legally married. Even if you were to reside in Texas, your California marriage would still be valid, as would a marriage in any other state.

Congrats and good luck!

[KayDeeCee 4,893]

Bring documentation that you will marry in a state where it is legal with you to your interview as well. Provide a copy of the California law that states it is legal there for first cousins to wed. You just to need show that you will marry in a state where it is legal. It is the same as for a same-sex couple. You have to marry where it is legal to do so, not reside where it is.

[Darnell 8,478]

yup yup - if the USCitizen has clear residency proof of NOT being in Texas, at the time of interview,

and

the beneficiary presents this,

then

mischief managed !

[JohnR! 5,495]

Bring documentation that you will marry in a state where it is legal with you to your interview as well. Provide a copy of the California law that states it is legal there for first cousins to wed. You just to need show that you will marry in a state where it is legal. It is the same as for a same-sex couple. You have to marry where it is legal to do so, not reside where it is.

yup yup - if the USCitizen has clear residency proof of NOT being in Texas, at the time of interview,

and

the beneficiary presents this,

then

mischief managed !

The USCIS has no presumption, nor is it a requirement, that the marriage take place in the state where the petitioner resides.

[Darnell 8,478]

but the IV Unit isn't the USCIS, at all.

hence my comment.

[Zedayn 485]

Just bring everything you can to the interview that will prove your case that you are able and will marry in a state that allows marriage between cousins. I wish you the best of luck in this and hope everything turns out ok!

[JohnR! 5,495]

but the IV Unit isn't the USCIS, at all.

hence my comment.

Roger that. My comment was meant as an addendum to yours.

[KayDeeCee 4,893]

The USCIS has no presumption, nor is it a requirement, that the marriage take place in the state where the petitioner resides.

Uhm, yes. That is what I said.

Showing DoS they will wed where it is legal to so will help get them an approval. Even same-sex couples have been asked for documentation of the law of the state in which they intend to wed for the I-129F petition. The smoothest way to get an approval is to provide all the documentation you can up front. Sometimes you have to hold their hands and point out things as if they are children.

[Darnell 8,478]

Roger that. My comment was meant as an addendum to yours.

Ya, we might be friends over a case o beer sometime. Happy Monday!

[karensita 0]

Thank you soooooooooooo much for your recommendations.

We will provide all documentation to prove our intention.

This forum is really the best. Even at my B&B in Naples there's a link to this forum because a lot of pleople choose their B&B for the closeness to the American consulate.

Thanks

[Gosia & Tito 199]

Hello guys!

Here is for you another situation of marriage between cousins .

My boyfriend and I are cousins ​​(yes, first degree) and he is an American citizen but unfortunately of the 50 states where he could live, he lives in Texas (where it is known that the marriage between cousins ​​is illegal and worse than a fatal wound ) .

Reading in this forum similar situations , we know that the chances of us to be approved are really minimal but now we are almost at the end (I have the interview in February) .

When we submitted our application (k1 Visa ) to the USCIS , obviously they have sent us a NOID because we could not conclude a legal marriage in a state that prohibits the union between first cousins. We have sent a reply letter in which we explained that our intention is to get married in California and also we want to move there by the end of 2014.

Our case was approved and it is now at the American Consulate in Naples ( Italy ) .

The question then is this: it is impossible for us to get this visa? USCIS didn’t just say “NO” at our response for NOID ? We can prove in some way that we really want to get married and go to live in California? Or do you think it is best to wait until my boyfriend finally transfer and redo all the documents again?

Please , I know that for many of you union between cousins ​​is considered incest , but I swear we did not choose to be cousins ​​(on the contrary, it would have been easier not to be cousins. BELIEVE ME!) , and above all to fall in love . So please avoid offensive comments because we have already had to suffer for many bad situations.

Thank you all for your answers

I would've waited; but given that you process is on going; Is there any way he can move to CA earlier? (so he can show an id or copy of one from CA). The marriage itself is not as critical IMO, as you can marry anywhere; but I don't know what is TX stance on cousins married in other states and then residing in TX; alternatively, perhaps it might be possible (if denied) to extend the visa so you come in Dec when he can show a CA id??

[karensita 0]

I would've waited; but given that you process is on going; Is there any way he can move to CA earlier? (so he can show an id or copy of one from CA). The marriage itself is not as critical IMO, as you can marry anywhere; but I don't know what is TX stance on cousins married in other states and then residing in TX; alternatively, perhaps it might be possible (if denied) to extend the visa so you come in Dec when he can show a CA id??

unfortunately, for him is impossible to move in CA before July. it's for his company contract.

I was also thinking about visa extention but i need to have the possibility to explain in detail my situation at the consulate.

[Cathi 5,748]

For your point of view I have nothing in contrary. As I said, i know that this union couldn't be highly regarded. BUT, is YOUR point of view and I'm gonna repect it.

The second thing is so funny and i wanna answer you: He is US cittizen because he was born in USA and me in another country. Another tip: i have never met him since the day we fall in love.

I'm so happy all our family support us. there's nothing illegal to love someone!

btw thanks for your interest.

Did you say you have never met? It is a requirement of the K1 visa to have met at least once in the 2 years prior to filing.