Is it legal to get married to my foreign first cousin in IL with the marriage license from TN, meaning the officiant is from IL?

[mallafri76 1,012]

It says on USCIS' website that petition I-130 cannot be used for a cousin.

[thetruefinale 0]

It says on USCIS' website that petition I-130 cannot be used for a cousin.

Correct, but spouse takes precedence over that.

[Cathi 5,610]

you cannot live in Texas

[mallafri76 1,012]

Correct, but spouse takes precedence over that.

I doubt it when we're talking about marriage between two close relatives. But you should call USCIS to get a straight answer, as I doubt very few people on VJ has first hand knowledge about this particular subject.

[NikLR 13,220]

It does actually. You can petition a first cousin you are married to. However you must live in a state that recognizes first cousin marriage for both K1 and CR1.

[mallafri76 1,012]

Found this is the immigration laws of the US:

9 FAM 40.1 N1.5 Uncle-Niece and First-Cousin

Marriages

(CT:VISA-1985; 05-03-2013)

a. The determination of the status of a "spouse" in an uncle-niece or first-cousin marriage involves three variables:

(1) Laws of the place where the marriage took place;

(2) Laws of the State of proposed residence in the United States; and

(3) Facts that vary in each individual case.

Meaning, you need to get married in a state that allow first cousin marriages, you need to live in a state that allow first cousin marriages (hence you need to move from Texas) plus you need very good bona fida proof to convince USCIS.

[Ash.1101 1,755]

I think the fact that it's illegal to have a sexual relationship with your cousin in Texas trumps the fact they're your spouse. Yea they -may- say it's a legit marriage because you did it in another state, but still convict you for sleeping with your cousin, married or not.

The way it comes off, at least here, is that you're going to try to work the system. Being in different locations starting off, marrying else where, and then living in a place that has laws against any type of sexual contact with the person you want to marry is going to set off an incredible number of red flags because just the way you're going about it looks like you're playing the system, even if you aren't and are just trying to find a way to make it work, I would not reccomend Texas as the place for you to live.

[RICARDO4EVA2 194]

I think the fact that it's illegal to have a sexual relationship with your cousin in Texas trumps the fact they're your spouse. Yea they -may- say it's a legit marriage because you did it in another state, but still convict you for sleeping with your cousin, married or not.

The way it comes off, at least here, is that you're going to try to work the system. Being in different locations starting off, marrying else where, and then living in a place that has laws against any type of sexual contact with the person you want to marry is going to set off an incredible number of red flags because just the way you're going about it looks like you're playing the system, even if you aren't and are just trying to find a way to make it work, I would not reccomend Texas as the place for you to live.

agree

[Villanelle 4,121]

Anyway here is some more info for the OP because my post above does not really contain an answer besides "It Depends". And truth be told- that is the only real answer. Its going to be a subjective decision based upon #2 and 3.

The decision to ban cousin marriages was in 05 and then renewed in 09 I think. (I did light reading so Im not too in tune with the laws)

Here are threads from VJ dated after that- All TX related.

This one references "many successful people they 'know' so take that as you may. =

http://www.visajourney.com/forums/topic/358713-marriage-of-us-citizen-girl/page-2

Heres someone that got denied because the CO felt the penal code was a big no no- contradicting what the lawyer wrote analyzing pages ago. Now do you have the money and time to go to the BIA and challenge it? To fight and rage and go through the revocation process. I mean we are talking YEARS for that kind of process just to make a point. And lots and lots of money. Most people would simply move. Its cheaper. But to each his own.

http://www.visajourney.com/forums/topic/427282-first-cousin-post-interview-refusal/

Heres someone that got approved and its a bit odd/technical because they were in TX but had proof of moving after her arrival. so it falls into the gray area of discretion so again take that for what it is. /

http://www.visajourney.com/forums/topic/476156-marriage-between-first-cousins/

[KR&EH 0]

Interesting topic.

As a side note, I'm really surprised at the legal restrictions I've read about in the above posts. In Canada, you can marry your cousin, you can also legally marry your aunt / uncle (one of your parent's siblings, not in-laws).

This is not something new, but rather a holdover from times past when I guess this was more common -- since it's hardly ever done, I guess they haven't contemplated taking it off the books.

[Pitaya 2,576]

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[Saffer 27]

I would consult a medical professional before considering having children just so that you are sure of the increased risks involved. Yes, there are increased risks.

[aaron2020 11,651]

Folks. Get off the sex and reproduction thing.

As a former genetic scientist, I can tell you that the risks for birth defects for 1st cousins is only slightly higher than strangers. Get your science facts right before posting. http://www.nytimes.com/2002/04/04/us/few-risks-seen-to-the-children-of-1st-cousins.html

In addition, US immigration doesn't care about their sex life or them having babies. This is none of our business.

Stick to the law.

They can live in Texas as husband and wife. If you say they can't, then please provide the relevant law and actual cases where legally married 1st cousins were not allowed to live as husband and wife in Texas in cases from this century. They just can't get marry in Texas.

There is also a legal distinction between "void as a matter of law" vs. "voidable." The first is automatic while the latter requires governmental action to void.

Edited May 23, 2015 by aaron2020

[thetruefinale 0]

Folks. Get off the sex and reproduction thing.

As a former genetic scientist, I can tell you that the risks for birth defects for 1st cousins is only slightly higher than strangers. Get your science facts right before posting. http://www.nytimes.com/2002/04/04/us/few-risks-seen-to-the-children-of-1st-cousins.html

In addition, US immigration doesn't care about their sex life or them having babies. This is none of our business.

Stick to the law.

They can live in Texas as husband and wife. If you say they can't, then please provide the relevant law and actual cases where legally married 1st cousins were not allowed to live as husband and wife in Texas in cases from this century. They just can't get marry in Texas.

There is also a legal distinction between "void as a matter of law" vs. "voidable." The first is automatic while the latter requires governmental action to void.

Thank you. I am in the medical profession and formally studied and researched in molecular biology.

Everyone, I can live in TX with my wife if I am legally married. A legal marriage in one state is a legal marriage in any other state, due to the "place of celebration" rule in family law. All I am trying to figure out is what the immigration policies are and how my marriage will be viewed in their eyes. I have ultimately decided to consult a cohort of lawyers in family and immigration law. Might as well get all the free consultation I can before I have to start paying :/

[belinda63 2,981]

I think what you need to check is if a marriage license from TN is valid for a ceremony performed in IL. I don't think it is. I think the licenses are state specific.