First Cousin Marriage

[FrankG 0]

Hi there,

I am a US citizen married to my first cousin(married in December 2010). I am well aware majority of the states in the USA do not permit and the one that do permit have some kind of limitations. I reside in the state of Illinois. I did not see any where in the instructions of I-130 that USCIS does not recognize first cousin marriage. I have already filed my I-130 application. The country that I got married permits first cousin marriage. We both also common surname.

Will my application for I-130 be denied at USCIS or at the consulate because of the above sole fact?

Edited February 21, 2011 by FrankG

[jhilly143 0]

have u done your research? that's a tough one. USCIS might think u married him to bring your family member to the states, which will then cause the denial..

[amykathleen2005 441]

I have no idea what will happen with your case. But if you got a gay marriage in another country that allowed it you would not be granted a visa because the US government for the most part does not recognize it. I think the same will apply here.

[pushbrk 12,093]

have u done your research? that's a tough one. USCIS might think u married him to bring your family member to the states, which will then cause the denial..

This is a non-issue except as it relates to the bona fides at the visa interview.

USCIS doesn't care (in a visa process) whether the marriage was for an immigration benefit only, until after a Consular officer has determined that fact. They'll approve a petition for a first cousin marriage provided the questions on the I-130 were answered honestly and you otherwise qualify. The I-129F for a fiancee asks if you and your fiancee are related. The I-130 does not. Yes, there may be some additional scrutiny of the relationship bona fides at the visa interview.

A fiance visa will be granted to a first cousin couple who plans to marry in a US jurisdiction that allows it. US States recognize marriages performed in other states between man and wife. US States recognize marriages legally performed in other countries between one man and one wife.

[pushbrk 12,093]

Don't Appreciate your joke

From what I understand of your post we may face strict questioning but it is not a reason for denial? as US States recognize marriages legally performed in other countries between one man and one wife.

That's correct. How much more questioning would depend on the cultural normality of first cousin marriages in your spouse's country of origin. Please update your profile to show that data.

[Krikit 1,163]

Post violating the TOS, and post quoting it, have been removed. Any further such violations will result in a ban from the thread.

[ValentinesWedding 0]

This is a good web site about cousin marriage. You might be able to find someone there with more information about immigration implications. Good luck!

http://www.cousincouples.com/

[missaero 7]

Additionally, the adjudicators manual at USCIS states the following:

© Marriage Between Close Relatives .

In some foreign countries, and some states in the United States, marriages between close relatives (e.g., cousins) are permitted under certain circumstances. In cases where such marriages do not offend the laws of the state where the parties reside, the marriage will be recognized for immigration purposes.

So in this situation it depends on the state where you will live.

[pushbrk 12,093]

Additionally, the adjudicators manual at USCIS states the following:

So in this situation it depends on the state where you will live.

Since all US States recognize first cousin marriages performed in other places, it really DOESN'T depend on the state in a spouse visa case. It does in a fiancee visa case though.

[lvriesling 11]

In Sweden it is legally possible to marry your half-sibling. Although I don't know of any cases in which such a couple then applied for a US immigration visa, if the couple is opposite-sex then the marriage might be fine for USCIS purposes (because it was legal in the country in which it was performed). However, a same-sex marriage of any type may run into DOMA ("Defense Of Marriage Act") problems. DOMA is currently under legal attack by civil rights organizations, though, and it may well collapse completely prior to the conclusion of your visa processing. If it doesn't, then you can contact the local ACLU and other interested organizations to add your newly filed federal lawsuit to the existing series of legal attacks on DOMA in federal court.

Also, there may well be state law to the effect that your out-of-state marriage will be recognized even if it could not be legally performed in that state. Example - New York state case law (from its Supreme Court) legally recognizes uncle-niece marriages performed outside the state, even though such a marriage could not be legally done inside the state.

However, if there is case law to the contrary - for example, a state Supreme Court ruling that half-sibling marriages legally performed elsewhere are not recognized by that state, then the marriage would "offend the laws" of that state and thus USCIS would not accept it.

It is also possible that the case law is murky on this point. In that situation, if USCIS gives you trouble, contact civil rights organizations (ACLU, etc.) and file suit in state court.

Edited February 23, 2011 by lvriesling

[lvriesling 11]

Wow, here's a timely news article!!!

http://www.reuters.com/article/2011/02/23/gaymarriage-obama-idUSN2317960520110223

Obama pulls defense for law banning gay marriage

Justice Dept will not defend gay marriage law in courts

WASHINGTON, Feb 23 (Reuters) - President Barack Obama has determined that a federal law that barred gay marriages was unconstitutional and told government lawyers to stop defending it, the U.S. Justice Department said on Wednesday, a major reversal that quickly angered conservatives.

A U.S. judge in Boston ruled in 2010 that a key provision of the 1996 Defense of Marriage Act (DOMA) banning gay marriages was unconstitutional, but the Obama administration appealed, stating that it was obligated to defend U.S. laws. [...]

The decision by Obama to drop support for the law in federal courts came after he received a recommendation from Attorney General Eric Holder, who had conducted a detailed review over the past several weeks.

"While both the wisdom and the legality of Section 3 of DOMA will continue to be the subject of both extensive litigation and public debate, this administration will no longer assert its constitutionality in court," Holder said in a statement. [...]

[pushbrk 12,093]

Please note the the subject of this thread is "First Cousin Marriage". References to Uncle, niece or same sex marriages are not applicable.

[lvriesling 11]

the adjudicators manual at USCIS states the following:

Marriage Between Close Relatives

In some foreign countries, and some states in the United States, marriages between close relatives (e.g., cousins) are permitted under certain circumstances. In cases where such marriages do not offend the laws of the state where the parties reside, the marriage will be recognized for immigration purposes.

The applicable section of the Adjudicator's Manual (as quoted above by missaero) is not specialized to cousin couples, but rather speaks more generally about "Close Relatives". Thus my analysis fully covered that category, in order to help VJers to correctly understand this legally interesting immigration topic. Also, please note that the original topic-creating message from Frank G did not specify whether Frank G's cousin spouse was of the same sex or of the opposite sex.