First cousin marriage in California

[jnguyen1025 2]

I am in a same sex relationship with my cousin (my uncle's daughter) and in the process of applying for a K1 Fiance Visa to bring her to the US. I am curious to see if there's anyone out there in a similar situation and were you successful with K1 Fiance petition?

[Transborderwife 4,666]

It's legal so should be ok

[Mike-eeh and Odie 193]

The first thing you need to consider is where you will get married, as it is only legal in like 20 states.

Second, you need to plan where you are going to live as some states may not recognize your out of state marriage; worse still, some states see both marriage to a first cousin as well as cohabitation/sexual intimacy as a criminal offense.

Third, while some states may accept cousin marriage, there may be restrictions on "first" cousin marriage. So some research is required.

That said, yes, it's possible to get a K-1 petition to marry a cousin. There have been a few couples here that are cousins. Planning is key, and in your intent to marry letters you should state where you will be married and where you plan on living afterwards to ensure you do not get an RFE or denial. Good luck!

References:

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

https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States_by_state

[jnguyen1025 2]

Thank you both. I did do some research and saw that it is legal in my residing state (California) for both same sex and first cousin marriage.

[Boiler 45,670]

The big issue is going to be overcoming the presumption that this is for an in immigration benefit.

[jnguyen1025 2]

Yes, I am very much concern about this. Especially since we've only been together for 2 months and she's 11 years younger.

She's my uncle's daughter to a second marriage that occurred after I migrated to the U.S. I had no relationship with her and didn't even know of her existence until a recent family visit in Vietnam.

Unexpectedly fell in love while we were both in long term committed relationships already. I had to end my engagement to a 5 year relationship when I returned to the states.

[Boiler 45,670]

Well the important thong is that you are together, wherever that may be.

[heo luoi 206]

So even though she's from a 2nd marriage, biologically shes still your full 1st cousin and not a 1/2 cousin right? Interesting. Well legally seems like 1st cousin ok in your state. The 2 month length of relationship and single visit might be the harder thing to overcome with filing early like Boiler suggests. Follow the suggestions on VJ for relationship evidence.....congrats/GL OP

Yes, I am very much concern about this. Especially since we've only been together for 2 months and she's 11 years younger.

She's my uncle's daughter to a second marriage that occurred after I migrated to the U.S. I had no relationship with her and didn't even know of her existence until a recent family visit in Vietnam.

Unexpectedly fell in love while we were both in long term committed relationships already. I had to end my engagement to a 5 year relationship when I returned to the states.

Edited October 8, 2015 by heo luoi

[baron555 934]

So even though she's from a 2nd marriage, biologically shes still your full 1st cousin and not a 1/2 cousin right? Interesting. Well legally seems like 1st cousin ok in your state. The 2 month length of relationship and single visit might be the harder thing to overcome with filing early like Boiler suggests. Follow the suggestions on VJ for relationship evidence.....congrats/GL OP

Check the regional forums for Embassy-specific information and issues others have had. I believe K-1 are difficult from your Embassy. Good luck.

[Anh map 2,098]

Vietnam is a high fraud country so you have to overcome that hurdle. A short term relationship with only one face to face visit has been a big challenge in HCMC. Gather all the documentation that you can showing the development of your relationship.

Historically a Dam Hoi /Dinh Hon has been something that the consular officers expect to see. For same sex couples I am guessing it can be problematic here in VN. Do some reading here in the forum to see what other same sex couples have experienced.

[jnguyen1025 2]

Vietnam is a high fraud country so you have to overcome that hurdle. A short term relationship with only one face to face visit has been a big challenge in HCMC. Gather all the documentation that you can showing the development of your relationship.

Historically a Dam Hoi /Dinh Hon has been something that the consular officers expect to see. For same sex couples I am guessing it can be problematic here in VN. Do some reading here in the forum to see what other same sex couples have experienced.

Yes, I understand fraud is a big concern in Vietnam. Proving the development of our relationship will be critical. We are in constant contact since the day we met. We communicate via facetime, which is going to be interesting since my phone history just logs it as data usage. I have printscreens our activities on Facebook and printed photos from activities we do together. I am providing airline and hotel confirmations. We also text message, but I don't know how to get the messages off my phone onto paper to send with my submission. Any suggestion on that?

[Boiler 45,670]

Plenty of face time.

[Pitaya 2,577]

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VJ Moderation

[baron555 934]

Yes, I understand fraud is a big concern in Vietnam. Proving the development of our relationship will be critical. We are in constant contact since the day we met. We communicate via facetime, which is going to be interesting since my phone history just logs it as data usage. I have printscreens our activities on Facebook and printed photos from activities we do together. I am providing airline and hotel confirmations. We also text message, but I don't know how to get the messages off my phone onto paper to send with my submission. Any suggestion on that?

Purposefully generate all kinds of evidence that show the content of your conversations. If you can't show a stranger what you talk about, how can they judge if your relationship is legitimate. Your word alone is not enough.

[andrea85 2]

first cousin marriage is legal in California as well as same sex marriage, as for the text messages you can always do screenshots I did that for my petition I sent tons of chats and text messages ( is better to be over prepared ) also print out phone logs from your phone company that shows you guys also communicate over the phone, pictures if you took any when you were in Vietnam.. by the time she has her interview you should have a little more evidence for her to take to the embassy.. Good luck to the both of you