Cousin Marriage on CR-1... Moving to Texas

[Crazy Cat 41,886]

3 minutes ago, Jorgedig said:

The ROC would be based on a marriage that would not be recognized as legal, so they would not be allowed to remove conditions.

I cannot imagine what a can of worms this could create......wow...

[Hanane حنان 18]

Good to know. As for the marriage . It’s their culture . As for Texas . It’s the law. 

[SalishSea 17,836]

8 minutes ago, Hanane I said:

Good to know. As for the marriage . It’s their culture . As for Texas . It’s the law. 

Yup.  And law > culture in this instance.  

[Crazy Cat 41,886]

7 minutes ago, Hanane I said:

Good to know. As for the marriage . It’s their culture . As for Texas . It’s the law. 

Take a look at this list of states and their laws concerning marriages between cousins. It's a lot more complicated than you might think:

 

https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States

 

[Ontarkie 14,226]

I'm betting at the interview they were asked what state they were planning on living in to make sure it was legal there. How will that work out when it comes time to ROC (lying to say they live in NJ at the father inlaws house is not a good idea) but all records that they will submit shows they live in Texas is going to be a hot mess. 

[JeanneAdil 6,510]

2 hours ago, Crazy Cat said:

I cannot imagine what a can of worms this could create......wow...

I can as there is a case already gone thru courts as a man from India married his cousin and applied for  the visa

legal in india and banned since 2005 in Texas

 

https://www2.texasattorneygeneral.gov/opinions/opinions/50abbott/rq/2012/pdf/RQ1086GA.pdf

[HRQX 4,145]

17 minutes ago, JeanneAdil said:

https://www2.texasattorneygeneral.gov/opinions/opinions/50abbott/rq/2012/pdf/RQ1086GA.pdf

The "Legal Argument" section states that Texas law says you can’t marry an ancestor or descendant, your brother or sister, your aunt or uncle, or your niece or nephew. "First cousins, however, are not included in this list." https://www2.texasattorneygeneral.gov/opinions/opinions/50abbott/rq/2012/pdf/RQ1086GA.pdf

 

But the AG didn't actually respond to that opinion request.

[Ali321 0]

4 hours ago, Ontarkie said:

Adding to my comment above. It will not matter in Texas if the state you married in says it's a legal marriage. In Texas the marriage will be voided and charges can be filed.  Consulates are well aware of Texas laws makin it illegal. You can't marry somewhere else and move to Texas. If at the interview they knew that this couple would want to move to Texas they would deny the visa unless they could prove where they would be living in a state where it would be legal. 

 

My advice if you are first cousins get out of Texas now. Your marriage will be void there and they can and have charged ppl.

first things first, they both are first cousin and they haven't been to Texas yet. That what the reason to ask this question in a first place.

Secondly, there was an error in my question, his wife's visa is iR1( he is married for more than two years). 

third, can you please enlighten me how would they charge this couple over cousin marriage even if they ever wanted to live in Texas? I do not understand of saying leave tf out of the state for being cousins? isn't that discrimination at its peak? 

3 hours ago, Jorgedig said:

The ROC would be based on a marriage that would not be recognized as legal, so they would not be allowed to remove conditions.

sorry for my mistake, but his wife's visa is ir1, is it going to be a problem? what happens after she gets her green living in NJ and then decides to leave Texas?  I have seen many indians, pakistanis,  bangalis, even arabs doing this. My friend is desperately looking for an opportunity to move to a state where he can live normally, . let me remind you, he chose texas because of his family businesses. 

 

THANK YOU EVERYONE FOR SHARING YOUR OPINIONS!

[Ali321 0]

42 minutes ago, HRQX said:

The "Legal Argument" section states that Texas law says you can’t marry an ancestor or descendant, your brother or sister, your aunt or uncle, or your niece or nephew. "First cousins, however, are not included in this list." https://www2.texasattorneygeneral.gov/opinions/opinions/50abbott/rq/2012/pdf/RQ1086GA.pdf

 

But the AG didn't actually respond to that opinion request.

yes, it does you are correct. i have many friends from Houston, who have been living over there with there married cousin wife for more than 10-20 years. i do not understand on what grounds they can press charges against them as someone stated int he forum. If same sex marriage are allowed then why not cousin marriages? 

[Ontarkie 14,226]

5 hours ago, Ali321 said:

first things first, they both are first cousin and they haven't been to Texas yet. That what the reason to ask this question in a first place.

Secondly, there was an error in my question, his wife's visa is iR1( he is married for more than two years). 

third, can you please enlighten me how would they charge this couple over cousin marriage even if they ever wanted to live in Texas? I do not understand of saying leave tf out of the state for being cousins? isn't that discrimination at its peak? 

sorry for my mistake, but his wife's visa is ir1, is it going to be a problem? what happens after she gets her green living in NJ and then decides to leave Texas?  I have seen many indians, pakistanis,  bangalis, even arabs doing this. My friend is desperately looking for an opportunity to move to a state where he can live normally, . let me remind you, he chose texas because of his family businesses. 

 

THANK YOU EVERYONE FOR SHARING YOUR OPINIONS!

You stated they were in Texas already and she had a CR1 not and IR1.Your post was not clear.

 

It really does not matter what you think or what others are doing. The law is clear in Texas that cousin marriages are illegal (the article above also states there was an amendment in 2005.  Will  they get caught who knows but really all it would take is for some grumpy person to find out she's an immigrant and in a cousin marriage to report it. 

 

He also knows full well that they had to show that they would be living in a state that cousin marriages is legal as it would have been asked at the interview. Giving the address of one family member's house in NJ just to get the card and then move to Texas will not work. USCIS requires an address change  within 10 days after moving by both the USC and permanent resident. There will be no way to keep up a fake address in NJ while living and working in Texas. They will need DL, insurance, a place to live even with staying with family there will be a paper trail that they live there. 

 

I completely understand wanting to live a normal life and not be somewhere crazy expensive. They are not just any other couple who is living in Texas breaking the law, they are a couple dealing with immigration and will be for sometime. Find a state where life would be legal and less stressful 

 

 

 

Edited August 19, 2021 by Ontarkie

[SalishSea 17,836]

2 hours ago, Ali321 said:

If same sex marriage are allowed then why not cousin marriages? 

Not the same at all.  Same sex marriages are legal in all 50 states due to the supreme court ruling.  There has not been anything like that for cousin marriages.

 

A better argument would be: if cousin marriages are allowed, why not marriages between other close relatives?  Siblings?  Parent/child?

 

And if you came here to argue about the laws, then you're barking up the wrong tree.  The laws are what they are.  If a person's culture dictates that they can or should marry a first cousin, and their eligibility to immigrate is based on that marriage, then they need to find a place to live where it is legal.  Full stop.

[carmel34 3,633]

10 hours ago, Ali321 said:

If same sex marriage are allowed then why not cousin marriages? 

This is a legal question, for cousins the law varies by US state as others have posted.  In some states it is not only prohibited, it is a crime.  The closer the blood relationship, the more DNA the partners have in common.  There is medical research on the higher risk of genetic abnormalities for children born of first cousin parents.  From Wikipedia:  "Children of first-cousin marriages have an increased risk of autosomal recessive genetic disorders, and this risk is higher in populations that are already highly ethnically similar."  This medical risk is no doubt one of the factors considered when passing or repealing such laws.  The history of making cousin and other close relative marriages illegal goes back to ancient Rome, where they based the legality of a marriage on degrees of consanguinity.  Cousin marriage was seen as a form of incest.  So the reasons are moral and ethical, as well as legal.

[Adventine 3,196]

1 hour ago, carmel34 said:

This is a legal question, for cousins the law varies by US state as others have posted.  In some states it is not only prohibited, it is a crime.  The closer the blood relationship, the more DNA the partners have in common.  There is medical research on the higher risk of genetic abnormalities for children born of first cousin parents.  From Wikipedia:  "Children of first-cousin marriages have an increased risk of autosomal recessive genetic disorders, and this risk is higher in populations that are already highly ethnically similar."  This medical risk is no doubt one of the factors considered when passing or repealing such laws.  The history of making cousin and other close relative marriages illegal goes back to ancient Rome, where they based the legality of a marriage on degrees of consanguinity.  Cousin marriage was seen as a form of incest.  So the reasons are moral and ethical, as well as legal.

 

Exactly this. History is full of stories of royal families inbreeding with close relatives and the genetic defects in children born from these unions. That's why there are laws against it now.

 

Comparing first cousin marriages to same sex marriages is just comparing apples to oranges.

Edited August 19, 2021 by Adventine

[milenaberidze 0]

1 hour ago, carmel34 said:

This is a legal question, for cousins the law varies by US state as others have posted.  In some states it is not only prohibited, it is a crime.  The closer the blood relationship, the more DNA the partners have in common.  There is medical research on the higher risk of genetic abnormalities for children born of first cousin parents.  From Wikipedia:  "Children of first-cousin marriages have an increased risk of autosomal recessive genetic disorders, and this risk is higher in populations that are already highly ethnically similar."  This medical risk is no doubt one of the factors considered when passing or repealing such laws.  The history of making cousin and other close relative marriages illegal goes back to ancient Rome, where they based the legality of a marriage on degrees of consanguinity.  Cousin marriage was seen as a form of incest.  So the reasons are moral and ethical, as well as legal.

What if same-sex cousins marry each other? No way to mix genetics, so should it be OK? 

[JeanneAdil 6,510]

12 hours ago, Ali321 said:

yes, it does you are correct. i have many friends from Houston, who have been living over there with there married cousin wife for more than 10-20 years. i do not understand on what grounds they can press charges against them as someone stated int he forum. If same sex marriage are allowed then why not cousin marriages? 

Because texas outlawed it in 2005

but in 2016 Federal Law stated this 

page 37 of the following

 

http://www.orsinger.com/files/Center-for-the-Judiciary-Same-Sex-Marriages-and-Gender-Identity-Issues.pdf

 

Tex. Fam. Code § 2.004(b)(4)(F) does not permit a marriage license to issue to first cousins. Tex. Fam. Code § 6.201 does not make a first-cousin marriage void, but Texas Penal Code § 25.02 makes sexual relations between first cousins illegal.