Marriage Between Close Relatives

[zzerous]

Ron and others,

I saw this on one of the immigrations forums, which refers to Petition for Spouse and guidelines/roles on what CIS recognize as marriage for immigration purposes.



" Marriage Between Close Relatives. 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. "



The full thread is http://boards.immigrationportal.com/showthread.php?p=1401448#post1401448

Do you know A) the certain circumstances under which marriages between close relatives are permitted? B) The States those marriages offend their laws?

[Ron Gotcher]

If the jurisdiction where the marriage takes place (either a US state or a foreign country) recognizes the marriage as legal under local law, then it is a lawful marriage for immigration purposes. There are two exceptions to this rule: (1) same sex marriages are never recognized as valid for immigration purposes; and (2) conmcurrent legal marriages to second or subsequent spouses are never recognized as valid for immigration purposes.

[zzerous]

If the jurisdiction where the marriage takes place (either a US state or a foreign country) recognizes the marriage as legal under local law, then it is a lawful marriage for immigration purposes. There are two exceptions to this rule: (1) same sex marriages are never recognized as valid for immigration purposes; and (2) conmcurrent legal marriages to second or subsequent spouses are never recognized as valid for immigration purposes.

Ron,just to confirm. If the foregin country recongnize the marriage but the US state where the parties intend to live does not allow such marriage, is it still considered valid for immigration purposes? if yes then how does the state law can be reconciled with the immigaration law?


P.S. I found this listing of stated where cousins are allowed/not allowed to marry each other.

http://www.cousincouples.com/info/mostppl.htm

[Ron Gotcher]

Under our federal constitution, each state is required to give full faith and credit to the legal acts of other states. In some states, you must be eighteen in order to get married, while in others you only need to be sixteen. If two sixteen year olds get married legally in state x and then move to state y, where the legal age of consent is 18, their marriage will be considered legal because it was lawful where they got married.

For federal purposes, the same is pretty much true for international legal issues. If you are considered legally married by country x and then come to the US, the federal government (for immigration purposes) will recognize the marriage.

[zzerous]

thanks