K1 Visa Issue

[pik6 0]

Hi all,

I have contacted more than a few lawyers about this question and half of them said one thing and the other half said another.

My question was; if a U.S citizen had a fiancé that was their first cousin and the U.S citizen lived in a state that does not allow first cousin marriages would the K1 visa get denied?

Some top lawyers have said that it was highly likely that it would get denied because when they see the U.S citizen's address they will know that that state does not allow first cousin marriages. I then responded that they would simply get married in a state that allows it especially since they plan on moving to that state anyway. The lawyers say it would complicate matters and they likely won't listen to an explanation or give the chance to explain. They told me that the U.S citizen would have to move to a state that allows that marriage before filing the K1 visa or to marry overseas and then file for the CR1.

Other lawyers have said that as long as they marry in a state that allows it then they should be fine and that they don't look at state laws only federal laws.

I'm not sure who to believe. It's all so difficult and confusing. What do you all say?

Thanks in advance!

[aws&ndd 103]

I say it's dependent on the current address of the petitioner. If the current state does not allow this type of marriage, then the petition would automatically be denied based on not being legally able to marry. I would suggest the petition move to a state that allows this first before filing. As a side note, what states allow this type of marriage between first cousins?

[Lalo & Susana 50]

There is a chance that you will get denied with a K-1 visa according to the lawyers. I say why take the chance get married and apply for a CR-1 visa. I am assuming you've looked into whether or not first cousins are allowed to file for these types of visas.

Getting denied or not really depends on who you get reviewing your visa application. Its better to be safe then sorry.

Good luck

Edited September 27, 2012 by Lalo & Susana

[Tintin and Mike 127]

I say it's dependent on the current address of the petitioner. If the current state does not allow this type of marriage, then the petition would automatically be denied based on not being legally able to marry. I would suggest the petition move to a state that allows this first before filing. As a side note, what states allow this type of marriage between first cousins?

All states allows the marriage of 2nd cousins but here's the link of which states allows marriage of 1st cousins:

http://marriage.about.com/cs/marriagelicenses/a/cousin.htm

[pik6 0]

Thank you! It's just confusing to me because I feel like they should know that since the U.S citizen and the first cousin fiancé need to get married within 90 days they would have to go to a different state or the fiancé would get deported right?

I guess I don't understand why state law would matter when federal law allows first cousin marriages in certain states. I feel like if they include in the written statement that not only will they will marry within 90 days but in a state that allows first cousin marriages they should accept it.

By the way, if I wanted to contact them and ask them personally am I able to? And who exactly would I contact?

I feel the need to exhaust all possible solutions before looking into the CR1.

Edited September 28, 2012 by pik6