I-130 denial first cousin marriage

[ANAT]

I need your help please

I got married in the states of Michigan to my First cousin , an I-130 was submitted , my petition was denied because of the invalidity of my marriage , in addition they mentioned in the letter that I did not establish a bona fide relationship to certain alien relative who wish to immigrate to the united states.

I left the U.S with my wife for over a year now, we got married again in my home country were first marriage is allowed and we are expecting a new baby .

If my spouse wishes to petition again can she do that , will the marriage be validated or I need to live in a state where first cousin marriage is allowed ?

Thank you

T

[Givi]

I need your help please

I got married in the states of Michigan to my First cousin , an I-130 was submitted , my petition was denied because of the invalidity of my marriage , in addition they mentioned in the letter that I did not establish a bona fide relationship to certain alien relative who wish to immigrate to the united states.

I left the U.S with my wife for over a year now, we got married again in my home country were first marriage is allowed and we are expecting a new baby .

If my spouse wishes to petition again can she do that , will the marriage be validated or I need to live in a state where first cousin marriage is allowed ?

Thank you

T

Under basic conflicts law, if the marriage was legitimate in the place of ceremony, it is usually a valid marriage for immigration purposes. Nevertheless, even where the first cousin marriage would be valid in the place of intended domicile or where the ceremony took place, it might be still a problem. I know people who have done it. In any case, you need to hire an immigration lawyer before moving forward.

[markpem]

You may want to look deeper into the I-130 instructions and requirements, as you probably won't be able to file on her behalf.

[Phyllis Gould]

You should ask a good immigration attorney about the technical question you asked in the last paragraph. However, even if you get an answer that satisfies you, the lawyer may feel that you need to provide additional evidence of a bona fide marriage to USCIS. A report written by a psychotherapist can provide evidence of that bona fide marriage. The psychotherapist would interview you and your spouse and based on those interviews be able to write about the dynamics of your relationship and marriage. A report from a professional, based on their examination, should carry more weight than that of statements made solely by you and your wife, which USCIS might view as being self serving. If you have questions I would be happy to talk with you. My phone is 773 935 3480. Phyllis Gould, LCSW.