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pik6

K1 Visa Issue

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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!

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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?

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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 by Lalo & Susana

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Removal of Conditions
08/25/2015: I-751 Sent 08/28/2015: I-751 Delivered

09/04/2015: NOA1 Received 09/25/2015: Biometrics Appointment
TBA: Interview Appointment TBA: Removal of Conditions Approved

AOS
06/11/2013: I-485 & I-765 Sent
06/13/2013: NOA1 Received (AOS & EAD)
07/11/2013: Biometrics Appointment 08/15/2013: EAD Approved
08/26/2013: EAD Card Received 09/16/2013: Interview Waived Letter Received
11/20/2013: AOS Approved

K-1
06/21/2012: I-129F Sent 06/27/2012: I-129F NOA1

12/21/2012: NVC Received 12/28/2012: NVC Left
01/07/2013: Consulate Received 02/27/2013: Interview Date

03/05/2013: Visa Received 03/15/2013: US Entry

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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


K1
05/22/12 - Mailed I-129F
08/17/12 - Approved I-129F NOA2 (85 days)
11/19/12 - Approved Visa!! (179 days)
12/01/12 - POE Honolulu, HI
12/21/12 - Wedding Day!
AOS, EAD and AP
01/05/13 - Mailed I-485, I-765 and I-131
01/09/13 - USCIS accepted case and received text
01/11/13 - Cashed check
01/08/13 - Received NOA1
01/18/13 - Received Biometrics Appointment Notice
01/22/13 - Early Biometrics Walk-in (scheduled Feb 7)
01/27/13 - We're pregnant!!
02/04/13 - Received Appointment Notice
03/04/13 - Approved EAD and AP (58 days)
03/12/13 - Received EAD and AP combo card
03/12/13 - Interview and Approved GC (63 days)
03/20/13 - Received Green Card

10/3/13 - Baby #1 arrived

2/17/14 - Pregnant again! LOL

10/20/14 - Baby #2 arrived
ROC
01/09/15 - Mailed I-751

01/12/15 - NOA

01/16/15 - Received NOA Letter

01/20/15 - Mailed DMV 1yr Extension

02/05/15 - Received Biometrics Letter

02/09/15 - Early Bio (Walk-IN)

02/19/15 - Biometrics Appointment

06/15/15 - Approved
06/15/15 - Card Ordered and Mailed

08/22/15 - Card Received

N-400 on or after 12/15/15



and they'll live happily ever, ever after...
Relationship Journey: Our pursuit to happiness

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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 by pik6

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