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K1 Visa Help!!!! First Cousins Marriage!! US embassy in Pakistan. Case Halted!!

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  • K1 Visa Help!!!! First Cousins Marriage!! US embassy in Pakistan. Case Halted!!

    wow! I would have never imagined that it would be ever an issue since in Islam its perfectly allowable, and so many people i know are married to their first cousins... but i never heared anyone was asked this question specifcally during the interview.... I guess they can get married in Pakistan and go to the K-3 route? Good Luck! Sanna
    Hi Sanna,

    I agree with you...I know many people who married first cousins, it's
    perfectly acceptable. I think he was simply asked how he knows her. He
    voluntarily said she's his first cousin. Just goes to show you
    Folinsky's rule of thumb really applies when answering questions during
    an interview. Offer as little information as possible unless asked
    directly for it!

    Getting married in Pakistan sounds like the logical way to go
    now...unfortunately it means starting from scratch again with the
    paperwork

    Rene

    --
    Posted via http://britishexpats.com

  • #2
    K1 Visa Help!!!! First Cousins Marriage!! US embassy in Pakistan. Case Halted!!

    Hi Sanna, I agree with you...I know many people who married first cousins, it's perfectly acceptable. I think he was simply asked how he knows her. He voluntarily said she's his first cousin. Just goes to show you Folinsky's rule of thumb really applies when answering questions during an interview. Offer as little information as possible unless asked directly for it! Getting married in Pakistan sounds like the logical way to go now...unfortunately it means starting from scratch again with the paperwork Rene
    Hi:

    Actually, what appears to have happened is perfectly reasonable and
    appears to be perfectly solvable.

    Interesting website at http://www.cousincouples.com/info/states.shtml

    I googled "first cousin marriage".

    --
    Certified Specialist
    Immigration & Nat. Law
    Cal. Bar Board of Legal Specialization
    Posted via http://britishexpats.com

    Comment


    • #3
      K1 Visa Help!!!! First Cousins Marriage!! US embassy in Pakistan. Case Halted!!

      Hi Sanna, I agree with you...I know many people who married first cousins, it's perfectly acceptable. I think he was simply asked how he knows her. He voluntarily said she's his first cousin. Just goes to show you Folinsky's rule of thumb really applies when answering questions during an interview. Offer as little information as possible unless asked directly for it! Getting married in Pakistan sounds like the logical way to go now...unfortunately it means starting from scratch again with the paperwork Rene
      While the rule of thumb of answering only what is asked is great, in
      this instance it would do little to assist this couple. When he had
      been granted the K-1 and came to the US, they would not have been
      allowed to marry in Pennsylvania because of their familial connection.
      Or if they were able to get a marriage license in Pennsylvania and
      married there anyway without anyone ascertaining their family
      connection, the marriage would be null because one cannot marry one's
      first cousin in the State of Pennsylvania.

      I find the CO's stand that they should marry in a state which allows
      first cousin to marry correct but wonder about the reasoning behind his
      assertion that they had to live in that state and not in Pennsylvania
      strange since States normally recognizes marriages legally performed in
      one State even though not legal in theirs. Mr. F's suggestiont that the
      couple obtain an opinion letter from a US attorney seems to be the
      correct way to go to enlighten the CO about the State's law of residency
      for married first cousins.

      As for gay marriages, that is a matter of the federal government not
      recognizing the marriage. And in New York State, I've not heard of
      anyone being denied a marriage license on the grounds that one of the
      parties is not a resident of New York State. All that is asked for on
      the license is that one must be legally free to marry.

      --
      I'm not an attorney. This disclaimer is valid in NYS!
      Posted via http://britishexpats.com

      Comment


      • #4
        K1 Visa Help!!!! First Cousins Marriage!! US embassy in Pakistan. Case Halted!!

        While the rule of thumb of answering only what is asked is great, in this instance it would do little to assist this couple. When he had been granted the K-1 and came to the US, they would not have been allowed to marry in Pennsylvania because of their familial connection. Or if they were able to get a marriage license in Pennsylvania and married there anyway without anyone ascertaining their family connection, the marriage would be null because one cannot marry one's first cousin in the State of Pennsylvania. I find the CO's stand that they should marry in a state which allows first cousin to marry correct but wonder about the reasoning behind his assertion that they had to live in that state and not in Pennsylvania strange since States normally recognizes marriages legally performed in one State even though not legal in theirs. Mr. F's suggestiont that the couple obtain an opinion letter from a US attorney seems to be the correct way to go to enlighten the CO about the State's law of residency for married first cousins. As for gay marriages, that is a matter of the federal government not recognizing the marriage. And in New York State, I've not heard of anyone being denied a marriage license on the grounds that one of the parties is not a resident of New York State. All that is asked for on the license is that one must be legally free to marry.
        Does this mean that the federal government does recognize first cousin
        marriages?

        Edited to reword that: does the federal government recognize 1st cousin
        marriages?

        Elaine

        --
        Posted via http://britishexpats.com

        Comment


        • #5
          K1 Visa Help!!!! First Cousins Marriage!! US embassy in Pakistan. Case Halted!!

          While the rule of thumb of answering only what is asked is great, in this instance it would do little to assist this couple. When he had been granted the K-1 and came to the US, they would not have been allowed to marry in Pennsylvania because of their familial connection. Or if they were able to get a marriage license in Pennsylvania and married there anyway without anyone ascertaining their family connection, the marriage would be null because one cannot marry one's first cousin in the State of Pennsylvania. I find the CO's stand that they should marry in a state which allows first cousin to marry correct but wonder about the reasoning behind his assertion that they had to live in that state and not in Pennsylvania strange since States normally recognizes marriages legally performed in one State even though not legal in theirs. Mr. F's suggestiont that the couple obtain an opinion letter from a US attorney seems to be the correct way to go to enlighten the CO about the State's law of residency for married first cousins. As for gay marriages, that is a matter of the federal government not recognizing the marriage. And in New York State, I've not heard of anyone being denied a marriage license on the grounds that one of the parties is not a resident of New York State. All that is asked for on the license is that one must be legally free to marry.
          "Residency Requirement: Non-residents cannot obtain a marriage license
          if said marriage would be void in their state."

          from http://usmarriagelaws.com/search/uni...rk/index.shtml

          --
          Posted via http://britishexpats.com

          Comment


          • #6
            K1 Visa Help!!!! First Cousins Marriage!! US embassy in Pakistan. Case Halted!!

            "Residency Requirement: Non-residents cannot obtain a marriage license if said marriage would be void in their state." from http://usmarriagelaws.com/search/uni...rk/index.shtml
            TY for the link. But that does not mean that a couple from California
            who has family in NYS and wants to have the wedding there cannot obtain
            a NYS marriage license and marry in the state. They can as long as
            California recognizes the marriage. They could not if California would
            not recognize the marriage. I don't believe that NYS allows 1st cousins
            to marry so if that is true then this particular couple not marry in New
            York State because they live in Pennsylvania which will not recognize
            their marriage.

            --
            I'm not an attorney. This disclaimer is valid in NYS!
            Posted via http://britishexpats.com

            Comment


            • #7
              K1 Visa Help!!!! First Cousins Marriage!! US embassy in Pakistan. Case Halted!!

              Does this mean that the federal government does recognize first cousin marriages? Edited to reword that: does the federal government recognize 1st cousin marriages? Elaine
              I thought the same when posting it but don't have the answer and not up
              to researching it ;-)

              --
              I'm not an attorney. This disclaimer is valid in NYS!
              Posted via http://britishexpats.com

              Comment


              • #8
                K1 Visa Help!!!! First Cousins Marriage!! US embassy in Pakistan. Case Halted!!

                TY for the link. But that does not mean that a couple from California who has family in NYS and wants to have the wedding there cannot obtain a NYS marriage license and marry in the state. They can as long as California recognizes the marriage. They could not if California would not recognize the marriage. I don't believe that NYS allows 1st cousins to marry so if that is true then this particular couple not marry in New York State because they live in Pennsylvania which will not recognize their marriage.
                Yeah. My original post was specifically addressing the OP's case. I
                stated that if the couple wanted to go to NY to marry, while maintaining
                PA as state of residency, as "non-residents" of NY they would not be
                able to marry, since PA does not permit 1st cousin marriages.

                --
                Posted via http://britishexpats.com

                Comment


                • #9
                  K1 Visa Help!!!! First Cousins Marriage!! US embassy in Pakistan. Case Halted!!

                  Yeah. My original post was specifically addressing the OP's case. I stated that if the couple wanted to go to NY to marry, while maintaining PA as state of residency, as "non-residents" of NY they would not be able to marry, since PA does not permit 1st cousin marriages.
                  According to this site, the following states permit marriage of first
                  cousins.
                  AL, AK, CA, CO, CT, FL, GA, HI, MD, MA, NJ, NM, NY, RI, SC, TN, TX, VT,
                  VA, and a few others with provisions.
                  http://www.cousincouples.com/info/states.shtml

                  --
                  Posted via http://britishexpats.com

                  Comment


                  • #10
                    K1 Visa Help!!!! First Cousins Marriage!! US embassy in Pakistan. Case Halted!!

                    According to this site, the following states permit marriage of first cousins. AL, AK, CA, CO, CT, FL, GA, HI, MD, MA, NJ, NM, NY, RI, SC, TN, TX, VT, VA, and a few others with provisions. http://www.cousincouples.com/info/states.shtml
                    Bio,

                    But does the federal government recognize first cousin marriages?

                    E

                    --
                    Posted via http://britishexpats.com

                    Comment


                    • #11
                      K1 Visa Help!!!! First Cousins Marriage!! US embassy in Pakistan. Case Halted!!

                      Bio, But does the federal government recognize first cousin marriages? E
                      I'm not certain that there is a federal government ruling on first
                      cousin marriage, but, please anyone, correct me if I am wrong. What I
                      believe is at hand is the particular way that states relate to each
                      other, with regard to their own laws and the Constitution. The
                      Constitution, Article 4 ( "Full Faith and Credit") mandates that each
                      state respect the rights established through the laws of other states,
                      and since the US is a union of states, which gives the members of the
                      union the ability to retain some aspects of their sovereignty, then
                      individual states are able to establish laws, even some with divergent
                      requirements - i. e. iminimum age requirement to marry;
                      eligibility/ineligibilty of marriage of certain relatives, etc. I'd
                      guess that Article Four by its own language, indicates that states
                      respect marriages that are valid in the state in which they are granted,
                      while retaining the freedom to depart from this rule, which is only
                      limited by the Constitution.

                      --
                      Posted via http://britishexpats.com

                      Comment


                      • #12
                        K1 Visa Help!!!! First Cousins Marriage!! US embassy in Pakistan. Case Halted!!

                        I'm not certain that there is a federal government ruling on first cousin marriage, but, please anyone, correct me if I am wrong. What I believe is at hand is the particular way that states relate to each other, with regard to their own laws and the Constitution. The Constitution, Article 4 ( "Full Faith and Credit") mandates that each state respect the rights established through the laws of other states, and since the US is a union of states, which gives the members of the union the ability to retain some aspects of their sovereignty, then individual states are able to establish laws, even some with divergent requirements - i. e. iminimum age requirement to marry; eligibility/ineligibilty of marriage of certain relatives, etc. I'd guess that Article Four by its own language, indicates that states respect marriages that are valid in the state in which they are granted, while retaining the freedom to depart from this rule, which is only limited by the Constitution.
                        So what that would mean is that a state where a 1st cousin marriage
                        would not be 'done' (lack of better word) have to recognize such a
                        marriage as valid if it was performed in a state that does consider it
                        valid and will 'do' them?

                        I'm just really curious what this means in regard to gay marriage. I
                        find this very interesting.

                        Elaine

                        --
                        Posted via http://britishexpats.com

                        Comment


                        • #13
                          K1 Visa Help!!!! First Cousins Marriage!! US embassy in Pakistan. Case Halted!!

                          I'm not certain that there is a federal government ruling on first cousin marriage, but, please anyone, correct me if I am wrong. What I believe is at hand is the particular way that states relate to each other, with regard to their own laws and the Constitution. The Constitution, Article 4 ( "Full Faith and Credit") mandates that each state respect the rights established through the laws of other states, and since the US is a union of states, which gives the members of the union the ability to retain some aspects of their sovereignty, then individual states are able to establish laws, even some with divergent requirements - i. e. iminimum age requirement to marry; eligibility/ineligibilty of marriage of certain relatives, etc. I'd guess that Article Four by its own language, indicates that states respect marriages that are valid in the state in which they are granted, while retaining the freedom to depart from this rule, which is only limited by the Constitution.
                          I know I opened this can of worms.. but I was wondering...
                          Did the OP get denied on the basis of the state they would be living and
                          its law to First Cousin marriage or did the OP get denied on the basis
                          of the Immigration Counselorís personal opinion of Cousin Marriages?
                          I would say there had to be something they went by to base the denial
                          and this information should actually be somewhere so that others do not
                          fall into the denial cousin hole.

                          --
                          Posted via http://britishexpats.com

                          Comment


                          • #14
                            K1 Visa Help!!!! First Cousins Marriage!! US embassy in Pakistan. Case Halted!!

                            I know I opened this can of worms.. but I was wondering... Did the OP get denied on the basis of the state they would be living and its law to First Cousin marriage or did the OP get denied on the basis of the Immigration Counselorís personal opinion of Cousin Marriages? I would say there had to be something they went by to base the denial and this information should actually be somewhere so that others do not fall into the denial cousin hole.
                            Hi:

                            It was pretty clear to me that ConOff spotted the legal problem and was
                            kind enough to suggest a solution. The problem is to figure out what
                            state to get married in and get a US legal opinion from a US FAMILY
                            lawyer on the subject.

                            In following this, it looks like NY is out. But other states just
                            might be fine.

                            --
                            Certified Specialist
                            Immigration & Nat. Law
                            Cal. Bar Board of Legal Specialization
                            Posted via http://britishexpats.com

                            Comment


                            • #15
                              K1 Visa Help!!!! First Cousins Marriage!! US embassy in Pakistan. Case Halted!!

                              So what that would mean is that a state where a 1st cousin marriage would not be 'done' (lack of better word) have to recognize such a marriage as valid if it was performed in a state that does consider it valid and will 'do' them? I'm just really curious what this means in regard to gay marriage. I find this very interesting. Elaine
                              It is an ongoing issue that has not been resolved. It seems that "right
                              wing" are engaging in a concerted attack on many long established
                              bedrocks of marriage law in the US. Also, they are encouraging a lot of
                              judicial activism in this area.

                              --
                              Certified Specialist
                              Immigration & Nat. Law
                              Cal. Bar Board of Legal Specialization
                              Posted via http://britishexpats.com

                              Comment

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