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J2221

First cousin post-interview refusal

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Hello,

I'm looking for your input regarding my situation. Im a US citizen and I married my first cousin a year and a half ago. We applied and worked our way through the K3 visa. Two days ago my wife interviewed in Jerusalem, and after the interview she was given a refusal letter stating that we must live in a state other than Texas that allows first cousin marriage.

From my humble knowledge, first cousin marriages are not allowed to take place in Texas. But, Texas accepts those marriages that occurred outside. Our marriage is legal back home.

What should we do? Please help as this is very devastating for both of us.

Thanks

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Texas no longer recognises marriages between first cousins since September 2005. It is actually a felony to have sex with a cousin in Texas, even a cousin by adoption.

For a marriage to be recognised for US immigration purposes it must have been legal where it was performed and legal in the place in which you intend to reside. It may have been legal in your home country, but it isn't legal in Texas and that is why you were refused.

You would need to move to another state that permits first cousins to marry if you wish to pursue this. You can find a list of those states here: http://www.cousincouples.com/?page=states

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The above answer is correct. The US Citizen Petitioner will need to move to a State where first cousin marriage is legal. I know of no way around this. Are you sure she interviewed for a K3 visa, not a CR1 visa?


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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Thanks for your reply. Yes she interviewed for a k3 visa per her interview papers.

On another note, can one argue the legality of the case? I mean Texas does recognize cousin marriages that occur outside the state and don't void it.

Thanks again for your response

The above answer is correct. The US Citizen Petitioner will need to move to a State where first cousin marriage is legal. I know of no way around this. Are you sure she interviewed for a K3 visa, not a CR1 visa?

Thanks for your response. :(

Texas no longer recognises marriages between first cousins since September 2005. It is actually a felony to have sex with a cousin in Texas, even a cousin by adoption.

For a marriage to be recognised for US immigration purposes it must have been legal where it was performed and legal in the place in which you intend to reside. It may have been legal in your home country, but it isn't legal in Texas and that is why you were refused.

You would need to move to another state that permits first cousins to marry if you wish to pursue this. You can find a list of those states here: http://www.cousincouples.com/?page=states

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*** Thread moved from K-3 Case Progress subforum to General Immigration Discussion -- topic applies less to individual K-3 progress and more to rules that can apply to multiple visa types. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Don't mess with Texas.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Unless you move to another state prior to submitting the DS230. :-)


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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You live in one of the five states where marrying your cousin is a criminal offense. Move to a state where it's legal and try again...


Karen - Melbourne, Australia/John - Florida, USA

- Proposal (20 August 2000) to marriage (19 December 2004) - 4 years, 3 months, 25 days (1,578 days)

STAGE 1 - Applying for K1 (15 September 2003) to K1 Approval (13 July 2004) - 9 months, 29 days (303 days)

STAGE 2A - Arriving in US (4 Nov 2004) to AOS Application (16 April 2005) - 5 months, 13 days (164 days)

STAGE 2B - Applying for AOS to GC Approval - 9 months, 4 days (279 days)

STAGE 3 - Lifting Conditions. Filing (19 Dec 2007) to Approval (December 11 2008)

STAGE 4 - CITIZENSHIP (filing under 5-year rule - residency start date on green card Jan 11th, 2006)

*N400 filed December 15, 2011

*Interview March 12, 2012

*Oath Ceremony March 23, 2012.

ALL DONE!!!!!!!!

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Is really that easy to move. To fight any legality of an issue, you will spend a boatload of monies.

Divide that boatload by half, and you have the living expenses on the two of you for the first two years.

The IV Unit is stating that IF YOU LIVE SOMEWHERE ELSE, they will grant the visa to her. What's holding you back, to move, really?

If I were in your shoes with a pending approval at the IV Unit, I'd be on the road already, showing a lease elsewhere and new drivers license, 2 days after receiving the info from the IV unit.

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Usually takes longer than 2 days to get a license.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Usually takes longer than 2 days to get a license.

In California, you have 10 days to get a license once you take up residency, You will get a temporary license (paper) the same day you apply. It is used until the hard one arrives. I'm sure that's pretty much the same in any state.

BTW, it's legal in California to marry a 1st cousin.

Here is a list of State laws regarding marriages between first cousins:

http://www.ncsl.org/issues-research/human-services/state-laws-regarding-marriages-between-first-cousi.aspx


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Usually takes longer than 2 days to get a license.

and the receipt, given same day, is enough for the IV unit.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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In countries where 1st cousin marriage is common, the question is asked in the interview. If you lie, you can be banned for life from ever entering the USA.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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