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sirhc215

Seeking advice on K1 Visa

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Filed: K-1 Visa Country: Philippines
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11 minutes ago, EM_Vandaveer said:

AFAIK they need to intend to LIVE in a state where cousin marriage is legal. People got RFEs for this exact reason.

This was one of my concerns. I know I can go to another state to get married. That wasn't as much of a concern as to how the state we live in plays a part of acceptance. Do you have a source for this information? I haven't come across it in my research yet.

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Filed: Citizen (apr) Country: Hungary
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3 minutes ago, sirhc215 said:

This was one of my concerns. I know I can go to another state to get married. That wasn't as much of a concern as to how the state we live in plays a part of acceptance. Do you have a source for this information? I haven't come across it in my research yet.

I seem to recall a thread about a couple who married, they were 1st cousins. The USC petitioned for their spouse. They received an RFE because he lived in a state that didn't allow cousin marriage. The RFE was about proving intent to move to another state where cousin marriage was allowed.

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Filed: Citizen (apr) Country: Hungary
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              "In some foreign countries, and some states in the United States, marriages between close relatives (e.g., cousins) are permitted under certain circumstances. In cases where such marriages do not offend the laws of the state where the parties reside, the marriage will be recognized for immigration purposes."       

From: https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-4484.html

 

It's necessary to RESIDE in a state where cousin marriage is legal, according to USCIS.

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

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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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Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

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NOA1 date 11/26/2013

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Card production ordered 04/30/2014

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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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Filed: K-1 Visa Country: Philippines
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3 hours ago, sirhc215 said:

My fiancee and I are related. [...]  (Her mother is the niece of my mother.) [...]  If there is an exception for "first cousin once removed" marriage in the Philippines that would be an option too.

 

You're sure you two are related by blood, right?

 

Marrying in the Philippines is not an option for you.  Also, if you marry your fiancee in the US or anywhere else outside the Philippines, your marriage would not be legal under Philippine law*.  BUT, this is not a deal-breaker for the US Embassy.

 

* Here are the relevant sections from the Family Code of the Philippines --

 

Article 26. All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38.

 

Article 38. The following marriages shall be void from the beginning for reasons of public policy:
(1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;

 

(The child of a first cousin is considered a fourth-degree relative.)

 

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Filed: Citizen (apr) Country: Haiti
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Like an earlier poster stated please learn about the risks before procreating with close family 🙂

Make sure the state you live in allows cousins to marry.

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Filed: K-1 Visa Country: Philippines
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56 minutes ago, Ate said:

 

You're sure you two are related by blood, right?

 

Marrying in the Philippines is not an option for you.  Also, if you marry your fiancee in the US or anywhere else outside the Philippines, your marriage would not be legal under Philippine law*.  BUT, this is not a deal-breaker for the US Embassy.

 

* Here are the relevant sections from the Family Code of the Philippines --

 

Article 26. All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38.

 

Article 38. The following marriages shall be void from the beginning for reasons of public policy:
(1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;

 

(The child of a first cousin is considered a fourth-degree relative.)

 

Every mention I've seen of the 'civil degree' states that fourth civil degree is 1st cousin, making child of 1st cousin a 5th degree which is acceptable. I've been researching it for the past 30+ minutes on multiple sites.

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Filed: K-1 Visa Country: Philippines
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1 hour ago, Lemonslice said:

You'll have to do some extra research to see if it's legal to live in a marital un with your cousin in Ohio.  You won't be allowed to marry her in Ohio, but some states also prevent cousin from living maritally, as they consider it incestuous.

 

From the source listed earlier:

 

"Indiana, Kentucky, Nevada, Ohio, Washington and Wisconsin currently prohibit marriage between first cousins once removed."

 

Also, please learn about the risks of having babies with someone from the same gene pool.  

I will have to look into the living in state thing more.  As for the babies thing I have done my research on it, but apparently most people here don't. Not trying to flame or anything, its just that I feel you have been mislead by the masses. It was one of the earliest things I actually looked up. The health risks for our union would only go up 1-3% vs a couple that has no relation according to most of the information I have found (granted it is the internet, I did not check all credibility of sites). The biggest issue with cousins having babies is if it is continued over many generations of inbreeding. At that point yes there are major risks, but that is not the case of most marriages between cousins. 

I bring it up because there have been a few mentions already. So please no further mention of the potential health risks associated with kids. That is not what I made this OP for.

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You are right not to trust the internet, just take an appointment with a geneticist for the genes questions, and a lawyer for the legality of your marriage in Ohio question... 

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Filed: Citizen (apr) Country: Australia
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4 hours 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.

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

First, second, third, etc., cousins each have the same number of generations between them and their common ancestor. "Once removed" cousins would each have a different number of generations between them and the common ancestor. 

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Filed: K-1 Visa Country: Philippines
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41 minutes ago, sirhc215 said:

Every mention I've seen of the 'civil degree' states that fourth civil degree is 1st cousin, making child of 1st cousin a 5th degree which is acceptable. I've been researching it for the past 30+ minutes on multiple sites.

 

And that tells you that I cannot count :lol::lol::lol:  Now there's another example of me being an idiot on the internet! :bonk:

 

You're right -- child of first cousin is a fifth-degree relative.  Check with a lawyer specializing in Philippine family law anyway, in case there's a different definition of civil degree relationship.

 

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Filed: Citizen (apr) Country: Brazil
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5 hours ago, sirhc215 said:

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?

Sorry not many responses to your second question.  You should do more research on this since it may be a bigger hurdle for you to overcome than the marriage to a blood relative issue that everyone has focused on.  Someone posted that a co-sponsor is not possible from the country where the interview would be.  Look at the country-specific forum here on VJ for more posts on that subject.  Also, owning a house is not usually considered a "liquid asset" that could be used to sponsor a fiancee or spouse.  You would need assets that can easily be converted to cash (equities, bonds, CDs, etc.) or cash in the bank.  A number of VJ members have said, based on experience, that a primary residence cannot be used as an asset to meet the affidavit of support requirements.  Since the K-1 or CR-1 process takes a year or more, you have some time to find employment and show evidence of sufficient current income before an interview for the visa anyway.  Good luck.

Edited by carmel34
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Filed: K-1 Visa Country: Philippines
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4 minutes ago, carmel34 said:

Sorry not many responses to your second question.  You should do more research on this since it may be a bigger hurdle for you to overcome than the marriage to a blood relative issue that everyone has focused on.  Someone posted that a co-sponsor is not possible from the country where the interview would be.  Look at the country-specific forum here on VJ for more posts on that subject.  Also, owning a house is not usually considered a "liquid asset" that could be used to sponsor a fiancee or spouse.  You would need assets that can easily be converted to cash (equities, bonds, CDs, etc.) or cash in the bank.  A number of VJ members have said, based on experience, that a primary residence cannot be used as an asset to meet the affidavit of support requirements.  Since the K-1 or CR-1 process takes a year or more, so you have some time to find employment and show evidence of sufficient current income before an interview for the visa anyway.  Good luck.

Thank you. Yes I need to look into the co-sponsor thing a bit more. I only came across it once when researching other things and it said Philippines may not allow a co-sponsor. Today during a free consultation I asked and the lawyer said I should still be able to do it though. He said he would have to look into specifics about the Philippines to make sure (which won't be free and I have yet to decide on a lawyer to go with). He also mentioned issues with the house but you're still able to claim it. The more I learn the more I'm disheartened by the whole thing, but I'll keep pressing on. Hopefully I can find a new job soon to get rolling on the current income for this year.

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2 hours ago, Ate said:

 

You're sure you two are related by blood, right?

 

Marrying in the Philippines is not an option for you.  Also, if you marry your fiancee in the US or anywhere else outside the Philippines, your marriage would not be legal under Philippine law*.  BUT, this is not a deal-breaker for the US Embassy.

 

* Here are the relevant sections from the Family Code of the Philippines --

 

Article 26. All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38.

 

Article 38. The following marriages shall be void from the beginning for reasons of public policy:
(1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;

 

(The child of a first cousin is considered a fourth-degree 

If her mother is a niece of your mother, that means... Her mom and you are first cousins. Therefore, as stated above, you are marrying a child of first cousin. 

 

But,  it's fifth degree according to various sites I've searched

Edited by SB5130

Pinoy Ako! ^_^

 

 

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