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Can I marry my undocumented first-cousin in California, US?

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Thank you for taking your time to view my post.

I am an USC and my first-cousin is not.

He came to the state in 1999 when he was 15 with tourist visa, and happened to ovestay until now.

Once his parents applied for greencard but it was declined.

I want to marry him.

Luckly we both live in California for over 10 years now.

But as I read posts on this website, I realized it could be really hard if I don't start right from the beginning.

PLEASE PLEASE PLEASE

Any advise would help me a lot!

Please let me know where to start, and if this marriage is doable.

I really appreciate your time.

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1. You can't marry your first cousin in America.

2. You can't marry them in America since he doesn't have a valid visa to be in the country.

3. I wouldn't say that too loudly in risk of getting caught by immigration since he's probably looking at a HUGE fine and possibly 10 years of not being allowed back into the country if he's caught.

Best of luck

-Travis


Finally time for AOS.......

12/07/11 Sent AOS package

12/09/11 AOS package delivered

12/14/11 Received NOA for I-485 and I-765 (we're not applying for AP)

12/22/11 Received letter for Biometrics

01/04/12 Biometrics in Phoenix

01/31/12 Received email update from USCIS saying that we've been scheduled for an interview

02/03/12 Got an email saying card production had been ordered for my EAD...now just to wait for the card...

02/09/12 Received email saying EAD card has been sent

02/13/12 Received EAD card :D :D :D :D

03/06/12 Interview in Phoenix :).....Approved :D

03/14/12 Received Green card in mail.....

....no more USCIS until December 2013

event.png

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***** Moving from Bringing Family Members... to AOS from tourist visa, as beneficiary is already in the USA *****

Legally, yes, you can marry your first cousin in California. But marrying a long-overstayed first cousin and then applying for AOS is a huge red flag, they will assume you only marry him so he can get a greencard (which is illegal), and not because you have a bonafide relationship. So, you will need a lot of proof- do you currently live together? Can your co-workers and other friends who have no family connection attest to you two being a genuine couple for some time?

Also, as his parents applied for a greencard- why were they declined? Was he mentioned in the filing too? If so, there may be immigration proceedings against him (deportation), in which case you'd definitely need a lawyer.

Edited by Penguin_ie

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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1. You can't marry your first cousin in America.

2. You can't marry them in America since he doesn't have a valid visa to be in the country.

3. I wouldn't say that too loudly in risk of getting caught by immigration since he's probably looking at a HUGE fine and possibly 10 years of not being allowed back into the country if he's caught.

Best of luck

-Travis

Your no 1 is incorrect, it depends on the state. California allows first cousin marriages.

Your no 2 is incorrect, illegal or overstays can marry.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Peguin beat me to it, yes you can marry your cousin in california. You are going to run into some issues with him being here illegally for 11-12 years once you try and secure him a visa/greencard based on your marriage. I would get a good immigration lawyer if i were you


POE: 5/17/2011

Wedding: 5/21/2011

AOS Mailed: 6/17/2011

NOA1 6/27/2011

RFE 7/13/2011

EAD approved 8/22/2011 :)

AOS Approved 9/14/2011 :) :) :)

USCIS Free till 2013!!!!!!!!! :)

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Is he gonna need to leave the country first to get a visa to get back in, what ways around it do you really have without getting an expensive lawyer? Why'd he stay there on a tourist visa, did his parents originally come here with them?

Its a really sticky situation. I'm surprised he hasn't been deported yet seeing as how he's been here for that long. How has he been able to live and find work?

I'm from Arizona and there's a handful of sticky situations like that all over the place where people come over on a tourist visa that only lasts up to 6 months and they've stayed here forever since then and just expect to be granted citizenship since they've lived here most of their lives, especially if they had the visa from a young age. If that was the case with so many of undocumented citizens I would've just had my meghan stay over here with me after her visa expired and just got a lawyer to work some magic. I hate being away from her for so long.

People's identities get stolen a lot by undocumented aliens and that's how they're able to live and work over here without a hassle. Usually the identity that gets stolen is from a dead child who never got to live a life past the age of 3. I really hope you guys will be able to do things legally for the sake of your hopeful future marriage.

-Travis


Finally time for AOS.......

12/07/11 Sent AOS package

12/09/11 AOS package delivered

12/14/11 Received NOA for I-485 and I-765 (we're not applying for AP)

12/22/11 Received letter for Biometrics

01/04/12 Biometrics in Phoenix

01/31/12 Received email update from USCIS saying that we've been scheduled for an interview

02/03/12 Got an email saying card production had been ordered for my EAD...now just to wait for the card...

02/09/12 Received email saying EAD card has been sent

02/13/12 Received EAD card :D :D :D :D

03/06/12 Interview in Phoenix :).....Approved :D

03/14/12 Received Green card in mail.....

....no more USCIS until December 2013

event.png

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1. You can't marry your first cousin in America.

2. You can't marry them in America since he doesn't have a valid visa to be in the country.

3. I wouldn't say that too loudly in risk of getting caught by immigration since he's probably looking at a HUGE fine and possibly 10 years of not being allowed back into the country if he's caught.

Best of luck

-Travis

Sometimes the most enthusiastic answers can be dead wrong.


03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

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Peguin beat me to it, yes you can marry your cousin in california. You are going to run into some issues with him being here illegally for 11-12 years once you try and secure him a visa/greencard based on your marriage. I would get a good immigration lawyer if i were you

Length of overstay has no bearing on someone adjusting based on marriage. In fact length of presense in the US is one of the factors that are considered mitigating factors for both those LIFE filers and those trying for cancellation of removal.


03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

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To clear something up, he is not undocumented. He came on a tourist visa, which means he is out of status and a visa overstay. Undocumented means he came illegally. Also, if you can prove bonafide marriage, his length of overstay is not an issue as overstaying a visa is overlooked by marriage to an USC.

What is the reason his parents were denied a green card? "Once his parents applied for greencard but it was declined."


02/21/99 Hubby entered with F1 student visa D/S

May 2002 He stopped attending school because he couldn't afford it any longer.

03?/2002 USC sibling I-130 petition

02/2009 Met hubby

08/2009 Sibling petition approved but ineligible to adjust status due to overstay

07/10 Married :)

11/22/10 [day 0]- mailed AOS packet!! should be there by noon 11/23/2010

12/3/10 [day 11]- received email/text notification of acceptance from USCIS

12/3/10 hubby surprised me with a trip to Los Angeles for my birthday...no problems :)

12/6/10 [day 14]- received hard copy NOA1 in mail

12/7/10 [day 15]- checks cashed...ouch

12/15/10 [day 23]- rec'd biometrics appt set for Dec. 28th at 10 am! :)

12/28/10 [day 36]- successful biometrics appt

01/27/11 [day 66]- rec'd interview appt set for March 10th at 10 am :)

02/25/11 [day 95]- rec'd EAD

03/10/11 [day 109]- Interview, Green card approved!! :)

Next Step: Removing conditions in 2 years.

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I am not going to assume thing here but I suspect you want to marry your cousin to get him out of a situation, which is illegal, Its against visajourney's policy to encourage such activity.

You can marry your first cousin, no one is against that but is it because of love or because you feel bad for his illegal status in the US.


AOS TIMELINE

AOS package mailed on 12/16/08

AOS package delivered on 12/19/08

Check cashed on 12/26/08

NOA1 received on 12/30/08

Biometrics on 01/20/09

AOS interview on 04/30/09

EAD Card production ordered on 03/17/09

EAD Card received on 03/21/09

AOS interview APPROVED on 04/30/09

Card production ordered on 05/27/09

Welcome letter received on 06/05/09

Card production ordered again on 06/15/09

Permanent Resident Card received on 07/09/09

I-751 ROC TIMELINE

I-751 package mailed on 02/28/2011

I-751 package delivered on 03/02/2011

Check payment cashed on 03/04/2011

NOA1 received on 03/08/2011

Biometrics appointment on 04/05/2011

Card production ordered on 05/06/2011

I-751 Petition Approved on 05/06/2011

Approval letter received on 05/12/2011

Green Card finally received on 07/29/2011

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1. You can't marry your first cousin in America.

2. You can't marry them in America since he doesn't have a valid visa to be in the country.

3. I wouldn't say that too loudly in risk of getting caught by immigration since he's probably looking at a HUGE fine and possibly 10 years of not being allowed back into the country if he's caught.

Best of luck

-Travis

As has been noted, she can marry her first cousin in California. Secondly, you can marry anyone you want to in America. Do you realize how many illegal aliens (undocumented) get married in America? Lastly, she has not mentioned that her marriage would be only to secure his legal permanent residency. If their relationship is true and can prove bonafide marriage, then his overstay is not an issue since he came legally. Also, there is not a HUGE fine. If he were deported or voluntarily left the country without adjusting his status, then he would have a ten-year ban which can be overcome with waivers.

Is he gonna need to leave the country first to get a visa to get back in, what ways around it do you really have without getting an expensive lawyer? Why'd he stay there on a tourist visa, did his parents originally come here with them?

Its a really sticky situation. I'm surprised he hasn't been deported yet seeing as how he's been here for that long. How has he been able to live and find work?

I'm from Arizona and there's a handful of sticky situations like that all over the place where people come over on a tourist visa that only lasts up to 6 months and they've stayed here forever since then and just expect to be granted citizenship since they've lived here most of their lives, especially if they had the visa from a young age. If that was the case with so many of undocumented citizens I would've just had my meghan stay over here with me after her visa expired and just got a lawyer to work some magic. I hate being away from her for so long.

People's identities get stolen a lot by undocumented aliens and that's how they're able to live and work over here without a hassle. Usually the identity that gets stolen is from a dead child who never got to live a life past the age of 3. I really hope you guys will be able to do things legally for the sake of your hopeful future marriage.

-Travis

No he will not have to and should not leave the country to "get a visa." He would be denied (unless they applied and were approved for a waiver.) Since he came legally, if they can prove bonafide marriage, he can do an adjustment of status in country. Also, it is not necessary to hire an expensive lawyer to file for adjustment of status. As for being deported, again, do you have any idea how many visa overstays and illegal aliens are in this country? Our country does not have the time nor resources to search for every single one and deport them. So no it's not surprising if he has not committed any crimes. I realize that you are trying to help, but your posts are full of inconsistencies. If you aren't sure of an answer, it might be best to educate yourself first and then try to help others.

Many K1 visa applicants read stories like this and think these people are trying to one up you. Obviously he came as as a minor. I'm sure his intention at time of coming was not to circumvent the immigration laws and come here to get married and get his green card. Things happen. Two more truths- there is no such thing as "working magic" when it comes to immigration, nor is there such a thing as an "undocumented citizen." Annndddd no, most undocumented aliens do NOT steal their identities from deceased 3-year olds. It is true that many of them "make-up" and some steal social security numbers. But for the most part, it is so they can work AND pay taxes. It's not right. But please before you make very untrue statements that have absolutely nothing to do with the post, reconsider. Thanks.

Peguin beat me to it, yes you can marry your cousin in california. You are going to run into some issues with him being here illegally for 11-12 years once you try and secure him a visa/greencard based on your marriage. I would get a good immigration lawyer if i were you

If they can prove bonafide marriage, him being here 11-12 years makes no difference.


02/21/99 Hubby entered with F1 student visa D/S

May 2002 He stopped attending school because he couldn't afford it any longer.

03?/2002 USC sibling I-130 petition

02/2009 Met hubby

08/2009 Sibling petition approved but ineligible to adjust status due to overstay

07/10 Married :)

11/22/10 [day 0]- mailed AOS packet!! should be there by noon 11/23/2010

12/3/10 [day 11]- received email/text notification of acceptance from USCIS

12/3/10 hubby surprised me with a trip to Los Angeles for my birthday...no problems :)

12/6/10 [day 14]- received hard copy NOA1 in mail

12/7/10 [day 15]- checks cashed...ouch

12/15/10 [day 23]- rec'd biometrics appt set for Dec. 28th at 10 am! :)

12/28/10 [day 36]- successful biometrics appt

01/27/11 [day 66]- rec'd interview appt set for March 10th at 10 am :)

02/25/11 [day 95]- rec'd EAD

03/10/11 [day 109]- Interview, Green card approved!! :)

Next Step: Removing conditions in 2 years.

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To the OP- You didn't mention in your post, so it is not fair for any person here to assume anything. 1. It is illegal to marry someone for immigration purposes. 2. You can marry someone who is a visa overstay and adjust their status in country if you have a bonafide marriage. 3. I would consult with an immigration attorney, but it is not necessary to hire a lawyer to file paperwork for you if you determine you will have no obstacles and make sure there is no deportation order for your cousin. So if you can agree that you are not marrying for immigration purposes, please follow this guide http://www.visajourney.com/content/i130guide2. Best of luck to you!!


02/21/99 Hubby entered with F1 student visa D/S

May 2002 He stopped attending school because he couldn't afford it any longer.

03?/2002 USC sibling I-130 petition

02/2009 Met hubby

08/2009 Sibling petition approved but ineligible to adjust status due to overstay

07/10 Married :)

11/22/10 [day 0]- mailed AOS packet!! should be there by noon 11/23/2010

12/3/10 [day 11]- received email/text notification of acceptance from USCIS

12/3/10 hubby surprised me with a trip to Los Angeles for my birthday...no problems :)

12/6/10 [day 14]- received hard copy NOA1 in mail

12/7/10 [day 15]- checks cashed...ouch

12/15/10 [day 23]- rec'd biometrics appt set for Dec. 28th at 10 am! :)

12/28/10 [day 36]- successful biometrics appt

01/27/11 [day 66]- rec'd interview appt set for March 10th at 10 am :)

02/25/11 [day 95]- rec'd EAD

03/10/11 [day 109]- Interview, Green card approved!! :)

Next Step: Removing conditions in 2 years.

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This could be a really hard case to crack, i wish you best of luck though, but i'm not gonna lie here, This is a HUGE RED-FLAGGED CASE. I can't help but being afraid that USCIS might not be convinced easily that you are really in love, I mean...there are millions of MEN in America, but you just have to happen to fall in love with your own cousin? They're gonna think like "Are you that desperate or what"?, or "Is this an arranged marriage by both of your parents or not?" you know what I mean.

Anyway, whatever this marriage purpose will be, i will not judge you, I understand. I suggest you prepare your Proof of Relationship very carefully. Good Luck.

Edited by polar1979

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[quote name=Matt :)' timestamp='1301585086' post='4577351]

If he overstayed more than 180 days (which he did, ie. 10-11 years), then he will have a 10 yr ban.

Move to S. Korea.

He will only have a ban IF he leaves the country.


02/21/99 Hubby entered with F1 student visa D/S

May 2002 He stopped attending school because he couldn't afford it any longer.

03?/2002 USC sibling I-130 petition

02/2009 Met hubby

08/2009 Sibling petition approved but ineligible to adjust status due to overstay

07/10 Married :)

11/22/10 [day 0]- mailed AOS packet!! should be there by noon 11/23/2010

12/3/10 [day 11]- received email/text notification of acceptance from USCIS

12/3/10 hubby surprised me with a trip to Los Angeles for my birthday...no problems :)

12/6/10 [day 14]- received hard copy NOA1 in mail

12/7/10 [day 15]- checks cashed...ouch

12/15/10 [day 23]- rec'd biometrics appt set for Dec. 28th at 10 am! :)

12/28/10 [day 36]- successful biometrics appt

01/27/11 [day 66]- rec'd interview appt set for March 10th at 10 am :)

02/25/11 [day 95]- rec'd EAD

03/10/11 [day 109]- Interview, Green card approved!! :)

Next Step: Removing conditions in 2 years.

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