K1 Visa on hold as Texas does not allow first cousin marriage. What to do?

[pad270408 1]

Me and my fiance are first cousins and she is in Texas. I had my K1 visa interview on 25th Feb (Chennai embassy). The officer asked me if I was aware that different states had different laws and I told her that "yes my fiance did some research and said it should not be a problem". The officer then told me that since first cousins are not allowed to be married in Texas, she is putting it on hold. If i was sure that we can get married, I should get a written letter from the county clerk in Houston that we can get married. She told me that if I want to get married in 90 days, then the marriage should be legal in her state of residence.

We just found that it is not legal in Texas and decided to give documents saying we will get married in Connecticut where first cousin marriage is legal and there is no residency requirement.

Is this the right approach? Is there any way to get the visa cleared? What do I do?

Your replies would be of great help! Thanks in advance

[웃 910]

Don't you think there is something wrong with marrying your cousin? That is like marrying your mom/dad or brother/sister. Very strange if you ask me but each to their own.

Edited February 28, 2008 by thegreatgate

[eau_xplain 2]

If you marry in Connecticut, will you reside there or will you go back to Texas? If you marry somewhere else but still go back to Texas as your state of residence, then your marriage will still not be recognized there. You might have to look into really choosing a state that you can marry and reside in.

[BishopMnA 0]

We live in Michigan, but were married in Ohio.

It didn't effect our process.

Peace,

MarkNAam

[Kez/JWolf 6]

We live in Michigan, but were married in Ohio.

It didn't effect our process.

Peace,

MarkNAam

But are you first cousins????? that is the problem for the OP the sate he want to live in does not allow marriage between fist cousins.... so even if he got married in a state where it is allowed, his marriage would not be recognized in the state where he want to live.....

Kez

[juneau 0]

I am also marrying my first cousin and would like to know if you had to present more documentaiorn or had to discuss the aspect of cousins marrying. I am new to the site and I cannot believe people would post opinions on cousins marrying when they are not solicited. Get over it people we live in one of the few civilizations that celebrates and acknowledges many different unions.

[TinTin and Samby 11]

Don't you think there is something wrong with marrying your cousin? That is like marrying your mom/dad or brother/sister. Very strange if you ask me but each to their own.

Shame on you for your inappropriate post. The OP was not asking your opinion of whether certain marriages should be legal, ethical or not.

Samby

[Taylorlove 0]

Don't you think there is something wrong with marrying your cousin? That is like marrying your mom/dad or brother/sister. Very strange if you ask me but each to their own.

Shame on you for your inappropriate post. The OP was not asking your opinion of whether certain marriages should be legal, ethical or not.

Samby

I think everyone on this site is entitled to their opinions unless you're paying their mortgage and they do not have a right to speak or vote?! Personally I do not agree with incest but hence it is their choice, I agree with the fact if they decide to get married in Connecticut then that is the place they will have to reside as it is unlawful in the state of Texas. Then again, if they are already married then it wouldn't make a difference as the paper suggests yadda yadda. How will the state of Texas know?..

[TinTin and Samby 11]

Don't you think there is something wrong with marrying your cousin? That is like marrying your mom/dad or brother/sister. Very strange if you ask me but each to their own.

Shame on you for your inappropriate post. The OP was not asking your opinion of whether certain marriages should be legal, ethical or not.

Samby

I think everyone on this site is entitled to their opinions unless you're paying their mortgage and they do not have a right to speak or vote?! Personally I do not agree with incest but hence it is their choice, I agree with the fact if they decide to get married in Connecticut then that is the place they will have to reside as it is unlawful in the state of Texas. Then again, if they are already married then it wouldn't make a difference as the paper suggests yadda yadda. How will the state of Texas know?..

Opinions are fine...in the right place! This was not a post asking people their thoughts on what constitures incest - therefore, this is not the right place. If someone wants to espouse their opinion, then they can start their own topic.

If we have learned nothing else from our collective cross-cultural journeys, it is that 1 person's "defintion" is not the same as another's. Even your coment, TaylorforLove, that "Personally I do not agree with incest but hence it is their choice..." misses the mark that not everyone defines the marriage of first cousins as incest. the reality of your comment is "I beleive that marriage between first cousins is incest and I do not beleive in incest, but the OP has their right to beleive as they do...".

Warm Regards,

Samby

[pushbrk 12,883]

We live in Michigan, but were married in Ohio.

It didn't effect our process.

Peace,

MarkNAam

But are you first cousins????? that is the problem for the OP the sate he want to live in does not allow marriage between fist cousins.... so even if he got married in a state where it is allowed, his marriage would not be recognized in the state where he want to live.....

Kez

Yes, it would. There's a pesky little federal law requiring States to recognize the marriages legalized in any other State. That law is the whole basis for the movements in many States to pass State Constitutional amendments defining marriage as between one man and one woman.

Texas won't grant a license to first cousins to marry but will recognize their marriage if registered in a State where it was legal.

Just imagine for instance my second wife's sister who married their first cousin. They've been married now for over 20 years. If one of them decided to take a job and move to a State that wouldn't have licensed their marriage initially, are they all of a sudden not married?

Actually, they did that long ago, so the answer is "Married is married."

Now, as for the visa question, the rules state the couple must be legally free to marry in the location the marriage is to take place, not the place they will reside. I think the OP needs to write a letter to that effect, possibly from an immigration attorney. Just call their attention to the actual regulation that is being misinterpreted.

[Taylorlove 0]

Don't you think there is something wrong with marrying your cousin? That is like marrying your mom/dad or brother/sister. Very strange if you ask me but each to their own.

Shame on you for your inappropriate post. The OP was not asking your opinion of whether certain marriages should be legal, ethical or not.

Samby

I think everyone on this site is entitled to their opinions unless you're paying their mortgage and they do not have a right to speak or vote?! Personally I do not agree with incest but hence it is their choice, I agree with the fact if they decide to get married in Connecticut then that is the place they will have to reside as it is unlawful in the state of Texas. Then again, if they are already married then it wouldn't make a difference as the paper suggests yadda yadda. How will the state of Texas know?..

Opinions are fine...in the right place! This was not a post asking people their thoughts on what constitures incest - therefore, this is not the right place. If someone wants to espouse their opinion, then they can start their own topic.

If we have learned nothing else from our collective cross-cultural journeys, it is that 1 person's "defintion" is not the same as another's. Even your coment, TaylorforLove, that "Personally I do not agree with incest but hence it is their choice..." misses the mark that not everyone defines the marriage of first cousins as incest. the reality of your comment is "I beleive that marriage between first cousins is incest and I do not beleive in incest, but the OP has their right to beleive as they do...".

Warm Regards,

Samby

Are you trying to rearrange my knowledge of words/sentences samby? Besides me, I think I missed the point that your post has given any hint of support to the topic poster? Yes that is correct, cousins IS incest. Incest is marrying any family member including that of a first cousin dear. Yes that is correct, 'I do not personally agree with incest but hence that is their choice'. Listen and learn kid.

[rebeccajo 14]

We live in Michigan, but were married in Ohio.

It didn't effect our process.

Peace,

MarkNAam

But are you first cousins????? that is the problem for the OP the sate he want to live in does not allow marriage between fist cousins.... so even if he got married in a state where it is allowed, his marriage would not be recognized in the state where he want to live.....

Kez

Yes, it would. There's a pesky little federal law requiring States to recognize the marriages legalized in any other State. That law is the whole basis for the movements in many States to pass State Constitutional amendments defining marriage as between one man and one woman.

Texas won't grant a license to first cousins to marry but will recognize their marriage if registered in a State where it was legal.

Just imagine for instance my second wife's sister who married their first cousin. They've been married now for over 20 years. If one of them decided to take a job and move to a State that wouldn't have licensed their marriage initially, are they all of a sudden not married?

Actually, they did that long ago, so the answer is "Married is married."

Now, as for the visa question, the rules state the couple must be legally free to marry in the location the marriage is to take place, not the place they will reside. I think the OP needs to write a letter to that effect, possibly from an immigration attorney. Just call their attention to the actual regulation that is being misinterpreted.

Kezzie's point is not entirely without merit, Mike. The consular officer can only assume the couple will marry in the state of residence notated on the I129F petition. Not to mention the fact we can assume the beneficiary completed form I156 and truthfully answered the question in box #24.

Edited March 30, 2008 by rebeccajo

[motu 5]

Hey Padhu - you may be in a tough spot. The only realistic way to do this would be for your cousin to move to a state where it is legal to marry the first cousin. Moving to another state is not so easy in terms of finding another job, selling the old home and buying a new home etc. You need to have your cousin figure out what he/she can do to make this work. Good Luck

[Susita 175]

In certain cultures, this is acceptable. In our culture, however it is not. Everyone is entitled to their own opinions, but the beauty of living in a country like the US, is that we all have the right to maintain our beliefs, whether accepted or not, free of persecution or discrimination.

If they want to get married... that's what they want to do. Maybe in India that is acceptable. In Europe in Medieval times, cousins, brothers and sisters used to marry to continue to stay amongst "nobles" or something like that. To continue the lineage of noble blood. Hey, I'm of European decent and I'm OK, no major deformities hahaha

I would never marry my cousin. If someone wants to that's their business and we should all be tactful and respectful to their decisions.

I don't eat goats head soup either or guinea pigs, but in Peru they do. I'm not going to get mad at my fiancé if he eats it in the US as long as he doesn't make me eat it. Get my drift? I'd almost rather marry my cousin than eat a goat's head. LOL

Suz (just tryin' to keep the peace)

[pushbrk 12,883]

We live in Michigan, but were married in Ohio.

It didn't effect our process.

Peace,

MarkNAam

But are you first cousins????? that is the problem for the OP the sate he want to live in does not allow marriage between fist cousins.... so even if he got married in a state where it is allowed, his marriage would not be recognized in the state where he want to live.....

Kez

Yes, it would. There's a pesky little federal law requiring States to recognize the marriages legalized in any other State. That law is the whole basis for the movements in many States to pass State Constitutional amendments defining marriage as between one man and one woman.

Texas won't grant a license to first cousins to marry but will recognize their marriage if registered in a State where it was legal.

Just imagine for instance my second wife's sister who married their first cousin. They've been married now for over 20 years. If one of them decided to take a job and move to a State that wouldn't have licensed their marriage initially, are they all of a sudden not married?

Actually, they did that long ago, so the answer is "Married is married."

Now, as for the visa question, the rules state the couple must be legally free to marry in the location the marriage is to take place, not the place they will reside. I think the OP needs to write a letter to that effect, possibly from an immigration attorney. Just call their attention to the actual regulation that is being misinterpreted.

Kezzie's point is not entirely without merit, Mike. The consular officer can only assume the couple will marry in the state of residence notated on the I129F petition. Not to mention the fact we can assume the beneficiary completed form I156 and truthfully answered the question in box #24.

I responded to the bolded part of Kezzie's post. That's the part with no merit. I understand the problem. The solution is marrying in another State. One need not marry in their State of residence.

Further, as it turns out, Texas does allow first cousin marriage but one cannot marry a neice or nephew.

See here: http://www.cousincouples.com/info/states.shtml

I made the mistake of not checking first. I'll amend my recommendation to the OP to simply provide legal confirmation that their marriage is allowed in Texas.