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K1 Visa for first cousin marriage in Vietnam

#1 Twatzi13

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Posted 18 January 2013 - 05:48 PM

Hi, I currently live in Texas, where marriage to first cousin is prohibited, and my fiancee is my first-cousin. What are the chances that my petition (I-129F) for a K1 visa will be rejected since the state of my current residence rejects first cousin marriage? Would the petition have a greater chance of being approved if I put down on the application that my fiancee intends to live in a state where first cousin marriage is allowed cause there is a question on the application that asks, "Texas does allow first cousin marriage"? Please don't be judgmental in your response. We are madly in love and I need serious advice.
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#2 aaron2020

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Posted 18 January 2013 - 06:07 PM

Hi, I currently live in Texas, where marriage to first cousin is prohibited, and my fiancee is my first-cousin. What are the chances that my petition (I-129F) for a K1 visa will be rejected since the state of my current residence rejects first cousin marriage? Would the petition have a greater chance of being approved if I put down on the application that my fiancee intends to live in a state where first cousin marriage is allowed cause there is a question on the application that asks, "Texas does allow first cousin marriage"? Please don't be judgmental in your response. We are madly in love and I need serious advice.


Your state of residence is what matters. It doesn't matter what state she intends to live in.

Since first cousin marriages are prohibited in your state of residence, your I-129f will be denied because you would not be able to marry in your state.

You can move to a state that allows first-cousin marriages, or you can go to Vietnam to marry (where I presume first cousin marriages are legal) and petition for a spouse.

Edited by aaron2020, 18 January 2013 - 06:13 PM.

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#3 Twatzi13

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Posted 18 January 2013 - 10:09 PM

Hi, I currently live in Texas, where marriage to first cousin is prohibited, and my fiancee is my first-cousin. What are the chances that my petition (I-129F) for a K1 visa will be rejected since the state of my current residence rejects first cousin marriage? Would the petition have a greater chance of being approved if I put down on the application that my fiancee intends to live in a state where first cousin marriage is allowed cause there is a question on the application that asks, "Texas does allow first cousin marriage"? Please don't be judgmental in your response. We are madly in love and I need serious advice.


Should've said, "address in the united states where your fiance(e) intends to live in".
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#4 Twatzi13

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Posted 18 January 2013 - 10:13 PM

Your state of residence is what matters. It doesn't matter what state she intends to live in.

Since first cousin marriages are prohibited in your state of residence, your I-129f will be denied because you would not be able to marry in your state.

You can move to a state that allows first-cousin marriages, or you can go to Vietnam to marry (where I presume first cousin marriages are legal) and petition for a spouse.


Vietnam does not allow first cousn marriage, hence the reason why im trying to apply for a fiancee visa. I was hoping that we could get married in the states.

I don't understand why my current state of residence matters since i could just go to a diffent state where first cousin marriage is legal and get married. Is there such a requirement in the application?
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#5 Twatzi13

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Posted 18 January 2013 - 11:47 PM

Hi guys,

I need your advice on something. If Vietnam (country of my fiancee) doesn't permit first cousin marriage, then will that fact have any impact on me getting a finance(e) visa for my girl? I intend to marry her in the state of Florida, which does permit first cousin marriage. Thanks in advance for the help.
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#6 Holman come down

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Posted 19 January 2013 - 12:39 AM

Hi guys,

I need your advice on something. If Vietnam (country of my fiancee) doesn't permit first cousin marriage, then will that fact have any impact on me getting a finance(e) visa for my girl? I intend to marry her in the state of Florida, which does permit first cousin marriage. Thanks in advance for the help.


hmm, well she'll be getting the interview and visa from the US embassy there. So, her home country really doesn't have much to do with the process. Don't volunteer that information unless you are asked directly about it. I think as long as it's really legal to marry your cousin in Florida you will be fine. You're not getting married in Vietnam, so you're not breaking the law there.

Edited by Holman come down, 19 January 2013 - 12:40 AM.

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#7 Twatzi13

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Posted 19 January 2013 - 01:02 AM

appreciate the information. that makes me feel much better.
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#8 aaron2020

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Posted 19 January 2013 - 01:35 AM

hmm, well she'll be getting the interview and visa from the US embassy there. So, her home country really doesn't have much to do with the process. Don't volunteer that information unless you are asked directly about it. I think as long as it's really legal to marry your cousin in Florida you will be fine. You're not getting married in Vietnam, so you're not breaking the law there.


He doesn't have a choice but to disclose that his fiancee is his first cousin. It's on the I-129f.

Her country has an interest in protecting its citizen. Why would her country let her go do something in another country when it is considered illegal there?

Have you considered his state of residence? The OP is from Texas where first cousin marriages are illegal.

You used the words "I think." So is everything you said just guesses? Do you have any facts?
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#9 aaron2020

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Posted 19 January 2013 - 01:38 AM

appreciate the information. that makes me feel much better.


Starting a new thread and leaving out the important facts that 1) you are a resident of Texas and 2) first cousin marriages are illegal in Texas will not get you the correct answer. It will get you the wrong answer like above because you left out important facts that are not favorable to your situation. Ignoring these unfavorable facts do not make them go away.

If you want a good answer, keep all posts about your situation in one thread where you include all the important facts.

http://www.visajourn..._1#entry5930034

Understand that USCIS will based its decision based on the marriage laws where you live. That's Texas. It's not Florida.

Edited by aaron2020, 19 January 2013 - 01:40 AM.

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#10 aaron2020

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Posted 19 January 2013 - 01:49 AM

Vietnam does not allow first cousn marriage, hence the reason why im trying to apply for a fiancee visa. I was hoping that we could get married in the states.

I don't understand why my current state of residence matters since i could just go to a diffent state where first cousin marriage is legal and get married. Is there such a requirement in the application?


Your current state of residence matters because you are a citizen of your state. You are subject to the laws of your state. Your state does not allow its citizens to enter into a first cousin marriage. Therefore, it doesn't matter where in the US you want to get marry. USCIS will follow the laws of your state.

Read the certification part on page 3 of the I-129f. See the part where it states, "YOUR CERTIFICATION: I am legally able to and intend to marry my alien fiance(e) . . . ." Under your state laws, you are not legally able to marry your first cousin. This is why your petition will be denied.

Edited by aaron2020, 19 January 2013 - 01:54 AM.

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#11 Twatzi13

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Posted 19 January 2013 - 04:17 AM

really appreciate the information. Here are the facts of my situation:

1) financee is from Vietnam, where first cousin marriage is prohibited
2) Live in Texas, where first cousin marriage is prohibited

since the state prohibits such a thing, I intend to move to New York/ Florida before I submit the petition for a fiance(e) visa. Do you know how long is a good time to live a state before the petition should be submitted?
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#12 dreamwarrior

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Posted 19 January 2013 - 09:03 AM

All of those issues will come up at the interview. The consulate is aware that first cousin marriages are frowned upon in Vietnam. So you have to prove that both her and your family approve of the engagement. It's definitely a red flag as they're worried you're only trying to help out a family member. If you plan on moving to another state, 6 months prior to filing would be good as they will want to know where you've lived for 6+ months for the past 5 years... though it's not necessary to live there long to use that address on the application as it would be your present address

Edited by dreamwarrior, 19 January 2013 - 09:03 AM.

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#13 Twatzi13

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Posted 19 January 2013 - 09:41 AM

All of those issues will come up at the interview. The consulate is aware that first cousin marriages are frowned upon in Vietnam. So you have to prove that both her and your family approve of the engagement. It's definitely a red flag as they're worried you're only trying to help out a family member. If you plan on moving to another state, 6 months prior to filing would be good as they will want to know where you've lived for 6+ months for the past 5 years... though it's not necessary to live there long to use that address on the application as it would be your present address


6 months is quite long. is that really important? Do I have to submit proof of my residency for that time frame?
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#14 JimVaPhuong

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Posted 19 January 2013 - 10:32 AM

6 months is quite long. is that really important? Do I have to submit proof of my residency for that time frame?


You should probably live there long enough for the state to consider you a resident. For most legal purposes, the state of New York considers you a resident after you've lived there one year.
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#15 capri

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Posted 19 January 2013 - 11:24 AM

There is no residency requirement in order to obtain a marriage license in Florida, so while it not necessary for the OP to move to FL in order to get married. It is important for the OP to find out what is necessary in FL law to establish residency there.

Because in order for the marriage to be legal in all states you need it be both done in a state its allowed to be done in, and your residence to be in said state.

So,if you LEGALLY married your cousin (meaning that the marriage was valid in the state where it was performed AND it did not violate the laws of the state where you resided) then the marriage is valid in ALL states, and nobody is going to prosecute anyone.

if there is ANY condition under which your marriage may not have been lawful (either by the laws of the state where it was performed or by the laws of the state where you resided), then all bets are off

How this fits into the 129f. You need to certify that you are able to marry your fiance legally (and your marriage will be recognized) in all states, not just some. So the OP would have to select a state that allows for the marriage, research what the residency requirements are and meet them before filing and signing/swearing that he meets them.

Edited by capri, 19 January 2013 - 11:25 AM.

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