For immigration purposes in the United States, a valid marriage is necessary to legalize unlawful presence or status, obtain a family-based visa or work authorization, or seek various waivers. It can also protect you against deportation. One type of marriage of interest to the USCIS is first-cousin marriage.
Marriages between cousins are considered valid when performed in the state where the couple lives or plans to live. A marriage between first cousins that doesn’t meet these conditions will be deemed void by the immigration services.
Consult skilled immigration law attorneys in Houston for further guidance on what to expect if you’re in such a marriage.
What does the USCIS consider in marriages between first cousins?
US immigration services seek to establish if a cousin-to-cousin marriage is or was valid at the location where it took place. If it happened in a country where such marriages are allowed, it would pass the first test of being legal. It would also be valid if it occurred in a state in the US.
However, marriage-based immigration lawyers in Houston explain that the marriage must also be valid where the couple lives or intends to live in the US. The validity of first-cousin marriages depends on state, not federal law. If you’re navigating this process, understanding family preference vs. immediate relative classifications can also clarify your options.
If the marriage is recognized and leads to an approved petition, you may also want to understand the green card through marriage requirements that apply to your specific situation.
What are some state provisions for first cousin marriages?
Under current state law, in states like Texas and Oklahoma, first-cousin marriages are considered criminal and therefore illegal. On the contrary, Alabama, California, and Vermont are some of the states in the United States with no prohibitions against first-cousin marriages. Nonetheless, some states that recognize these marriages may have strict restrictions.
For example, while the states of Arizona, Indiana, Illinois, and Utah have legalized first-cousin marital union, either spouse must be infertile, or both spouses must be over 50 or 65 in some states. In Maine, first-cousin marriage is only legalized between couples who can provide proof of genetic counseling from a genetic counselor. These provisions reflect current state statutes and may be subject to change.
Does Texas recognize cousin marriages from other states?
While some states ban marriage between cousins, they don’t have a problem recognizing such marriages if they happen elsewhere. Texas is not one of those states, as evidenced in an immigration case in 2012.
Two first cousins wanted to relocate to and settle in Texas after getting married in Indiana, but the US immigration officials required them to show that Texas would legally recognize the marriage. No support was forthcoming from the Texas Attorney General. The case highlights the differences between public policy in conservative and less conservative states.
What types of cousin-to-cousin marriages are not valid in the United States?
Marriage-based immigration lawyers explain that applicants of marriage-based immigration visas must establish the validity of their union. The applicant carries the burden of proving that the marriage between them and their US citizen spouse is valid for the required time. In most cases, a marriage certificate is the primary evidence that the marriage was performed legally.
The USCIS doesn’t recognize the following relationships as valid marriages, even if they are legal where they were celebrated:
- Polygamous marriages
- Marriages that violate the firm public policy of the state where the couple resides, such as underage marriages between cousins
- Unions where one party was absent during the marriage ceremony and the marriage has not been consummated yet
- Civil unions or domestic partnerships that are not recognized as legal marriages in the place where they were celebrated
- Relationships entered to evade US immigration laws
Understanding how long the I-130 process takes can help you plan ahead once you’ve confirmed your marriage is recognized under the laws of your state of residence.
Is first-cousin marriage between two persons of the same sex valid?
The Supreme Court ruled that Section 3 of the Defense of Marriage Act was unconstitutional in June 2013. The section had confined the terms marriage and spouse to opposite-sex marriages in relation to all federal laws. The law now recognizes same-sex marriages as valid based on the place-of-celebration rule in the same way it determines the validity of opposite-sex marriages.
Therefore, if you’re in a same-sex cousin-cousin marriage, the USCIS officials will review the jurisdiction where the marriage happened to determine its validity. Unless the marriage falls into the categories not recognized as valid, the legal validity of same-sex marriage between cousins is determined exclusively by the law of the jurisdiction where it took place.
However, if you reside in a jurisdiction different from the one where you celebrated the marriage and the jurisdiction doesn’t recognize cousin-to-cousin same-sex marriage, the agency will overlook the laws and policies of that state on same-sex marriages. They will not affect the USCIS’s decision to recognize your marriage as valid.
First-cousin marriage cases can be complex, particularly when crossing state lines or involving immigration proceedings. If you’re uncertain about whether your marriage qualifies for immigration purposes, speaking with a marriage-based immigration attorney can help you assess your specific circumstances and what documentation you’ll need to move forward.
Frequently asked questions about first cousin marriage and US immigration
Is it against the law to marry your first cousin in the United States?
It depends on the state. About half of US states prohibit first-cousin marriage, and some (like Texas and Oklahoma) classify it as a criminal offense. Others, such as Alabama, California, and Vermont, have no restrictions. For immigration purposes, USCIS evaluates the laws of both the state where the marriage took place and the state where the couple intends to live.
Can my first cousin sponsor me for immigration in the USA?
No. Under US immigration law, a first cousin cannot sponsor you for a visa or green card as a family member. Only certain close relatives qualify as petitioners, including spouses, parents, children, and siblings of US citizens or lawful permanent residents. First cousins fall outside these eligible categories.
Where are first cousin marriages legally prohibited in the US?
Under current law, states that prohibit first-cousin marriage include Texas, Oklahoma, Michigan, and several others. Some states allow it only under specific conditions, such as when one spouse is infertile or both are above a certain age. Since state laws can change, it is advisable to verify the current rules in your state of residence before proceeding.
What happens if my cousin marriage is legal in my home country but not in my US state?
USCIS applies the place-of-celebration rule when assessing marriage validity, but also requires that the marriage be recognized in the state where the couple plans to live. If your state of residence does not recognize the marriage, USCIS may consider it invalid for immigration purposes, even if it was legally performed abroad. This is why the couple’s intended state of residence matters significantly in these cases.
