Cr1/Ir1 visa with first cousin marriage

[tary77 0]

Hello,

 

My spouse that I am sponsoring for a Cr1 visa is my first cousin. I reside in Washington where first cousin marriages are illegal. We are waiting for the interview to be scheduled, will this cause any problems? 

[SusieQQQ 11,586]

It varies by state - some will recognize them if legal where they are performed, and others won’t. You should get an immigration lawyer in your state to advise you on this. The embassy your spouse interviews at will probably seek an advisory opinion (from the DoS legal people in D.C.) on this. 

[milimelo 4,481]

Yes, you’ll need to check with an immigration lawyer in your state. 

[SalishSea 17,836]

6 hours ago, tary77 said:

Hello,

 

My spouse that I am sponsoring for a Cr1 visa is my first cousin. I reside in Washington where first cousin marriages are illegal. We are waiting for the interview to be scheduled, will this cause any problems? 

Was the petition approved?  Normally those are denied when the petitioner's state of residence prohibits cousin marriage.

 

You may need to move.

[SusieQQQ 11,586]

10 minutes ago, Jorgedig said:

Was the petition approved?  Normally those are denied when the petitioner's state of residence prohibits cousin marriage.

 

You may need to move.

Are they? Curious, as the FAM seems to indicate the decision lies with the CO, and recommends advisory opinion. Also, how would uscis know they are cousins from the i130?

 

 

Edited July 2, 2021 by SusieQQQ

[tary77 0]

10 minutes ago, Jorgedig said:

Was the petition approved?  Normally those are denied when the petitioner's state of residence prohibits cousin marriage.

 

You may need to move.

If by petition, you mean the i130, then yes. The i130 and nvc documents were approved and we are waiting on the interview appointment. 

[SalishSea 17,836]

2 minutes ago, SusieQQQ said:

Are they? Curious, as the FAM seems to indicate the decision lies with the CO, and recommends advisory opinion. Also, how would uscis know they are cousins from the i130?

 

 

Maybe that is only for K-1s then.  There are many AAO denials on USCIS for cousin fiance petitions.

[SusieQQQ 11,586]

1 minute ago, Jorgedig said:

Maybe that is only for K-1s then.  There are many AAO denials on USCIS for cousin fiance petitions.

Yes that makes sense - as the intended marriage itself would be happening where it wasn’t allowed. In a spouse visa case the marriage has already happened. Some states will still accept these marriages as valid if they were legal where they were performed, even if it is not legal to enter into such a marriage in the state. Others will not. Hence the advice to consult a local lawyer.

[Ontarkie 14,226]

Yes it could be a problem. There have been  a few times over the years where the Petitioners were told move to a new state or their spouse will not get the visa. Texas seems to not only make it illegal to marry first cousins but also living together in that state married to a first cousin is illegal. If I read it right you don't even want to be visiting Texas if married to a first cousin. 

Consult a lawyer for your state and use google until you can get in touch with a lawyer. You may get lucky and find the the information. 

Edited July 2, 2021 by Ontarkie

[tary77 0]

Thanks for the advice everyone. 

[Suze1 366]

Might be relevant and helpful...not sure if correct opinion or still the case, if ever so...

 

https://www.avvo.com/legal-answers/i-got-married-by-my-first-cousin-that-consider-thi-834742.html

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Andre R. Olivie  5 stars 18 reviews Avvo Rating: 10

Immigration Attorney in Seattle, WA

 

 

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• Posted on Jul 19, 2012

In Washington State you can not marry your first cousin, but in some other states and countries you can.

Washington State and the U.S. Citizenship and Immigration Services will respect a marriage that was valid where it took place. Speak with an immigration attorney about the details of your case.

Andre Olivie, Esq.
Seattle Immigration Lawyer
(206) 724-1940
www.olivielaw.com

Legal disclaimer: This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Do not rely on this advice without speaking to an immigration attorney in detail about your case. This message does not create an attorney-client relationship.

Edited July 2, 2021 by Suze1