My CR-1 visa got rejected in texas on the basis of 1st cousin marriage. Whats the next step?

[Qurat 1]

So my CR-1 visa got rejected due to cousin marriage in texas. Will applying from another state where cousin marriages are legal cause problems for the visa approval after being rejected once? If so how to overcome those? Secondly how long does it take to establish domicile in another state, for example california? If theres a case similar to mine please let me know. 

[Boiler 45,479]

Yes you can move and there is nothing specific as far as time is concerned more the quality of the evidence 

[SalishSea 17,823]

51 minutes ago, Qurat said:

So my CR-1 visa got rejected due to cousin marriage in texas. Will applying from another state where cousin marriages are legal cause problems for the visa approval after being rejected once? If so how to overcome those? Secondly how long does it take to establish domicile in another state, for example california? If theres a case similar to mine please let me know. 

You will need to show evidence of having actually moved to a new state.   Simply getting hold of an address and applying like that is not adequate.

[Mike E 11,739]

1 hour ago, Qurat said:

Secondly how long does it take to establish domicile in another state, for example california? If

If you have an out of state drivers license, by state law, after you move to California, you have 10 days to apply for a California state DL. So 10 days or less in California.

 

Just register to vote there before getting a applying for a DL

 

https://www.dmv.ca.gov/portal/driver-education-and-safety/special-interest-driver-guides/new-to-california/

 

 

Edited June 8, 2023 by Mike E

[Qurat 1]

2 hours ago, SalishSea said:

You will need to show evidence of having actually moved to a new state.   Simply getting hold of an address and applying like that is not adequate.

I understand that. My husband is a resident of texas. What evidence would we need to provide to show us having actually moved to that state? 

[Boiler 45,479]

Job contract

Property, lease whatever

utility bills

Drivers License

 

Basically all the usual stuff

[Family 3,988]

Where did you marry? What country/state?
 

 

https://fam.state.gov/fam/09FAM/09FAM010208.html

Law of Place of Celebration Controls:  The underlying principle in determining the validity of the marriage is that the law of the place of marriage celebration controls (except as otherwise noted below).  If the marriage was legally performed in the place of celebration and legally recognized, then the marriage is valid for visa adjudication purposes.  Any prior marriage, of either party, must be legally terminated before the later marriage

[Mike E 11,739]

19 minutes ago, Family said:

Law of Place of Celebration Controls

Alas on VJ we have seen several cases where when the beneficiary intends to reside in TX while being married to a first cousin, DoS rejects the visa or USCIS rejects the I-485.
 

So as it stands, it  appears  DoS is  unwilling to challenge TX on this.

 

 

Edited June 9, 2023 by Mike E

[Family 3,988]

2 minutes ago, Mike E said:

So as it stands, DoS is not willing to challenge TX on this.

Agreed. Post made it sound as if they married IN Texas…which would require they marry again elsewhere.

 

[PaulaCJohnny 713]

The question is not to move to a place where marriage with cousin is accepted, is that IF you married on a State where this kind of marriage is not accepted your marriage is not valid. 
 

Where did you married? This is the key point

[SalishSea 17,823]

1 hour ago, PaulaCJohnny said:

The question is not to move to a place where marriage with cousin is accepted, is that IF you married on a State where this kind of marriage is not accepted your marriage is not valid. 
 

Where did you married? This is the key point

My first guess would be Pakistan, where it is legal, and not relevant if the petitioner lives in a U.S. state where first cousin marriage is illegal.

 

 

Edited June 9, 2023 by SalishSea

[Qurat 1]

2 hours ago, PaulaCJohnny said:

The question is not to move to a place where marriage with cousin is accepted, is that IF you married on a State where this kind of marriage is not accepted your marriage is not valid. 
 

Where did you married? This is the key point

I’m sorry that was not clear. We were married in our home country

[JeanneAdil 6,498]

spouse does need to move to another state and reapply 

in Texas it is not allowed but it is a criminal offense to have sexual relations or cohabitate with 1st cousin

 

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

Edited June 9, 2023 by JeanneAdil

[Mike E 11,739]

8 minutes ago, JeanneAdil said:

spouse does need to move to another state and reapply 

in Texas it is not allowed but it is a criminal offense to have sexual relations or cohabitate with 1st cousin

 

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

Yes:

 

What is interesting is that the linked article says TX does not void first cousin marriages that were solemnized out of state. The fact that TX criminalizes cohabitation is sufficient grounds for DoS to deny the visa. Issuing marriage visas, especially CR-1 visas, to people the law prohibits from living together would be illogical. They would never be able to get I-751 approved:

 

* if they live together, beneficiary is a criminal

* if they do not, couple is not in a bonafide marital union

[Family 3,988]

I am curious if one can switch intended domicile post interview/refusal, let’s say within a year…

Tagging @jan22