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sirhc215

Seeking advice on K1 Visa

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Hoping someone out there has dealt with a similar situation or has come across it before. So here goes... My fiancee and I are related. She is from the Philippines and I was born and raised in the USA. I had initially thought she was my 2nd cousin which would have made things a lot easier. Upon further digging into it she is actually my "1st cousin, once removed."  (Her mother is the niece of my mother.) I had never even heard of the "removed" part until I looked into it. In my state of Ohio it is not legal to marry a "1st cousin" and I believe it is the same for the Philippines. I have not been able to find out if there are exceptions to this or if it is fine and I can just go to a different state to get married. I do not know if they take this into consideration for approval/denial when the papers are being processed. If there is an exception for "first cousin once removed" marriage in the Philippines that would be an option too. Then I would just file for Spouse Visa instead once married. Which process might be easier/better?

Second issue is at the moment I am currently unemployed but actively seeking work. I do however own a house as assets which would put me above the requirements for 3x poverty level. Can I file with assets alone or is that just asking for an automatic denial? I don't know how strict the Philippines Embassy (or US for that matter) is going to be with the whole process. Any information that can be given on either subject would be greatly appreciated. Also please be civil. I know cousin marriage is a widely debated issue, so don't make this post about that. Just support that we are happy and love each other. Thanks for any help.

 

P.S. I have obviously done general research on all of this, so specific information/details when replying would be a great help. Links to sources would be preferred so I can have it for reference myself. Thank you.

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2 minutes ago, sirhc215 said:

Hoping someone out there has dealt with a similar situation or has come across it before. So here goes... My fiancee and I are related. She is from the Philippines and I was born and raised in the USA. I had initially thought she was my 2nd cousin which would have made things a lot easier. Upon further digging into it she is actually my "1st cousin, once removed."  (Her mother is the niece of my mother.) I had never even heard of the "removed" part until I looked into it. In my state of Ohio it is not legal to marry a "1st cousin" and I believe it is the same for the Philippines. I have not been able to find out if there are exceptions to this or if it is fine and I can just go to a different state to get married. I do not know if they take this into consideration for approval/denial when the papers are being processed. If there is an exception for "first cousin once removed" marriage in the Philippines that would be an option too. Then I would just file for Spouse Visa instead once married. Which process might be easier/better?

Second issue is at the moment I am currently unemployed but actively seeking work. I do however own a house as assets which would put me above the requirements for 3x poverty level. Can I file with assets alone or is that just asking for an automatic denial? I don't know how strict the Philippines Embassy (or US for that matter) is going to be with the whole process. Any information that can be given on either subject would be greatly appreciated. Also please be civil. I know cousin marriage is a widely debated issue, so don't make this post about that. Just support that we are happy and love each other. Thanks for any help.

 

P.S. I have obviously done general research on all of this, so specific information/details when replying would be a great help. Links to sources would be preferred so I can have it for reference myself. Thank you.

So she is basically your 2nd cousin... which is legal to marry 

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I agree with @Cyberfx1024.  1st cousin "once removed" means 2nd cousin...At least, that's my thinking.


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Just now, missileman said:

I agree with @Cyberfx1024.  1st cousin "once removed" means 2nd cousin...At least, that's my thinking.

I had to look it up and it means 2nd cousin 

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If you are second cousins then there is no issue.

 

If first cousins then, as you say, your marriage in Ohio is prohibited. You would need to indicate to USCIS that you will marry in a different state.


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18 minutes ago, sirhc215 said:

Hoping someone out there has dealt with a similar situation or has come across it before. So here goes... My fiancee and I are related. She is from the Philippines and I was born and raised in the USA. I had initially thought she was my 2nd cousin which would have made things a lot easier. Upon further digging into it she is actually my "1st cousin, once removed."  (Her mother is the niece of my mother.) I had never even heard of the "removed" part until I looked into it. In my state of Ohio it is not legal to marry a "1st cousin" and I believe it is the same for the Philippines. I have not been able to find out if there are exceptions to this or if it is fine and I can just go to a different state to get married. I do not know if they take this into consideration for approval/denial when the papers are being processed. If there is an exception for "first cousin once removed" marriage in the Philippines that would be an option too. Then I would just file for Spouse Visa instead once married. Which process might be easier/better?

Second issue is at the moment I am currently unemployed but actively seeking work. I do however own a house as assets which would put me above the requirements for 3x poverty level. Can I file with assets alone or is that just asking for an automatic denial? I don't know how strict the Philippines Embassy (or US for that matter) is going to be with the whole process. Any information that can be given on either subject would be greatly appreciated. Also please be civil. I know cousin marriage is a widely debated issue, so don't make this post about that. Just support that we are happy and love each other. Thanks for any help.

 

P.S. I have obviously done general research on all of this, so specific information/details when replying would be a great help. Links to sources would be preferred so I can have it for reference myself. Thank you.

You would need to show evidence that you have the assets needed to provide for your fiance when she arrives. Also look into a cosponsor as well 

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28 minutes ago, missileman said:

I agree with @Cyberfx1024.  1st cousin "once removed" means 2nd cousin...At least, that's my thinking.

No. 2nd cousin is where two people share one set of great-grandparents. 1st cousin once removed is for example my relationship to my father's cousin.

https://www.livescience.com/32121-whats-a-second-cousin-vs-a-first-cousin-once-removed.html

Edited by EM_Vandaveer

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1 minute ago, EM_Vandaveer said:

No. 2nd cousin is where two people share one set of great-grandparents. 1st cousin once removed is for example my relationship to my father's cousin.

That's what I call a 2nd cousin.......LOL.


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@Cyberfx1024 There is a difference between "1st cousin once removed" and a "second cousin."  It's all very difficult to understand. https://www.simplemost.com/difference-second-cousins-cousins-removed/ Scroll down midway and look at the chart. Her mother is my 1st cousin making her 1st cousin once removed, not 2nd cousin.

As to your cosponsor suggestion, the Philippines does not allow this as an option.

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1 minute ago, missileman said:

That's what I call a 2nd cousin.......LOL.

That's not what it is, though. If you have a 2nd cousin then one of your parents & one of their parents are cousins. Your 1st cousin once removed is your parent's cousin. Not the same.


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Here is the list of state laws regarding cousin marriage:

https://www.cousincouples.com/?page=states

 

You need to live in a state that allows 1st cousins once removed to marry.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

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GREEN CARD ARRIVED 12/31/2011

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ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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3 minutes ago, sirhc215 said:

@Cyberfx1024 There is a difference between "1st cousin once removed" and a "second cousin."  It's all very difficult to understand. https://www.simplemost.com/difference-second-cousins-cousins-removed/ Scroll down midway and look at the chart. Her mother is my 1st cousin making her 1st cousin once removed, not 2nd cousin.

As to your cosponsor suggestion, the Philippines does not allow this as an option.

As to what I said is that you should be able to marry and should be concentrating on your finances instead. 

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20 minutes ago, Cyberfx1024 said:

As to what I said is that you should be able to marry and should be concentrating on your finances instead. 

Depending on the state. Some states that don't allow 1st cousin marriages also don't allow 1st cousins once removed to marry.

Edited by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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12 minutes ago, EM_Vandaveer said:

Depending on the state. In general states that don't allow 1st cousin marriages also don't allow 1st cousins once removed to marry.

This is accurate, from what I understand, because it is still a closer blood relation that 2nd cousins.

 

1st cousins share an average of around 12% DNA. 1st cousins once removed share roughly 6% (but can range from 3% - 9%). 2nd cousins share roughly 3%. So on and so forth.

 

This is kind of uncharted territory as far as immigration goes, but I would think as long as the marriage takes place in a state where 1st cousin marriages are legal, then there would be no issue. It's not unusual to marry in another state (or country).

 

 

 

 

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