Cr-1 Spouse Visa and cousin marriage

[Suss&Camm 2,213]

5 minutes ago, trudi said:

In response to the OP, USCIS is federal, not State - it doesn't matter what Texas may or may not allow or what some folk on here may say or think.  All that matters to you at the moment is that USCIS will recognize your marriage.

As has been said be prepared for scrutiny and have plenty of evidence to support the genuine relationship.

Good luck on your journey:)

It actually does matter what the state recognizes. The visa will only be given if the state in which they will live recognizes it. This is one instance where the state law matters. It is the same for gay marriages.

Edited September 9, 2017 by Suss&Camm

[trudi 1,317]

Just now, Suss&Camm said:

It actually does matter what the state recognizes. The visa will only be given if the state in which they will live recognizes it. This is one instance where the state law matters. It is the same for gay marriages.

Apologies I got a little red mist from the personal judgements & opinions in the thread, you are correct

 

💐

[Suss&Camm 2,213]

Just now, trudi said:

Apologies I got a little red mist from the personal judgements & opinions in the thread, you are correct

 

💐

You're good - and so should the OP be 

[AK_2014 113]

7 minutes ago, Suss&Camm said:

It actually does matter what the state recognizes. The visa will only be given if the state in which they will live recognizes it. This is one instance where the state law matters. It is the same for gay marriages.

Not sure if this is relevant, but before same-sex marriage was legalized nationwide, my wife successfully did AOS and got her marriaged-based green card while we were living in NC (marriage not recognized in NC) based on the ceremony we held in WA (where it was recognized). USCIS only cared that the marriage was legal in the jurisdiction where it occurred, not in the state where we were living.

[Suss&Camm 2,213]

30 minutes ago, AK_2014 said:

Not sure if this is relevant, but before same-sex marriage was legalized nationwide, my wife successfully did AOS and got her marriaged-based green card while we were living in NC (marriage not recognized in NC) based on the ceremony we held in WA (where it was recognized). USCIS only cared that the marriage was legal in the jurisdiction where it occurred, not in the state where we were living.

You're right - I'm not sure the instance I was thinking of anymore or if I mixed it up with something else. 

[Suss&Camm 2,213]

Oh wait - was thinking of K1 visa. You can't get it ofc if you can't get married in the state where you live - sorry for confusion.

[broppy 204]

The USCIS Adjudicator's Field Manual states:

Quote

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.

 

[kris&me 572]

this is USCIS gov site 

read this decision

https://www.uscis.gov/sites/default/files/err/D6 - Fiancees and Fiances of U.S. Citizen (K-1)/Decisions_Issued_in_2010/Oct132010_03D6101.pdf

clearly on 2nd page it says not recognized as bona fida marrige when not allowed in a state

you can think of moving to state where it is recognized like Tennessee or California or choose from many others

BTW Oak Ridge TN has the highest percentage of PHD's than any city in the US /hillbillies?????

 

[Meg&Andrew 297]

4 hours ago, GabiMatch said:

The only problem that I see is to prove the relationship to be bonafide...the fact that you guys are cousins could led the consul to think that you're only marrying your cousin with the intent of her coming to the US...you must have as much prof as you can that you guys are not only cousins but a real couple.

Good luck!

You're correct, but fortunately for the OP where his wife lives (Pakistan) , this is perfectly normal. 

Edited September 9, 2017 by Meg&Andrew

[Cathi 5,782]

5 hours ago, Seth And Quynh said:

Here's the 5 marriages that are not accepted in the USA. 

1. Proxy marriages

2. polygamous marriages

3. Common law marriage

4. Customary marriages

5. incestuous Marriages

You and your cousin fit number 5 and it doesn't matter where your from it's against the law

This is wrong! There are many cases of first cousin marriages that have been approved right here on VJ. Do your research before blurting out falsehoods.

[Boiler 45,897]

Well this was fun.

[Hypnos 6,578]

6 hours ago, Seth And Quynh said:

Here's the 5 marriages that are not accepted in the USA. 

1. Proxy marriages

Not true (once the marriage has been consummated by both parties meeting at the same place at the same time). 

 

6 hours ago, Seth And Quynh said:

3. Common law marriage

Also not true. 

[databit 328]

Only some states recognize common law marriage:

• Alabama (if created before January 1, 2017)
• Colorado
• District of Columbia
• Georgia (if created before January 1, 1997)
• Idaho (if created before January 1, 1996)
• Iowa
• Kansas
• Montana
• New Hampshire (for inheritance purposes only)
• Ohio (if created before October 10, 1991)
• Oklahoma
• Pennsylvania (if created before January 1, 2005)
• Rhode Island
• South Carolina
• Texas
• Utah

[pm5k 129]

I have heard (i.e. read on this forum) of people being told by an officer "if your spouse moves to a state that allows cousin marriages, then you can get the visa"

[Redheadguy03 505]

10 hours ago, Hypnos said:

Not true (once the marriage has been consummated by both parties meeting at the same place at the same time). 

 

Also not true. 

Plus, I'm almost positive proxy marriages are allowed in Montana. I know someone who got married doing it, so I would assume they knew what they were doing.