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Guest Turk

which states can we live legally? already married

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Guest Turk   
Guest Turk

Hello,

Today at my wife(first cousin)`s immigration interview we were told that we have to move to a state that allows married couple ( first cousins). I am residing in Dallas, TX. Could you guys please provide me a list of the states that me and my wife legally reside? Please note that I am already married so all I need is the list of the states that we can legally live in. Thank you in advance. I believe you can live in some states although the marriage is forbidden.

https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States_by_state

 

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LadyC    98

yes, that link will provide you the info you need.

although i'd sure like to ask the person who is working in immigration why they are invalidating a marriage that took place in someone else's jurisdiction where it was legal at the time. because technically, they can't do that. but i'm not sure it would be worth the time, money and aggravation to take on the government in a court battle. 

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Guest Turk   
Guest Turk

I can not believe it is OK for gay people to immigrate to a place such as Texas but it is huge problem when it is first cousins (no disrespect for gay people) ...

 

looks like I might  live in Oklahoma and go work in Texas since there is a location i can work on the border.

43-2. Marriages between ancestors and descendants of any degree, of a stepfather with a stepdaughter, stepmother with stepson, between uncles and nieces, aunts and nephews, except in cases where such relationship is only by marriage, between brothers and sisters of the half as well as the whole blood, and first cousins are declared to be incestuous, illegal and void, and are expressly prohibited. Provided, that any marriage of first cousins performed in another state authorizing such marriages, which is otherwise legal, is hereby recognized as valid and binding in this state as of the date of such marriage.

Just making sure that I wont be charged with felony like in Texas  just because I live with my wife. I cant believe I would have encounter such a thing.

Here is the law on penalty:

§21-885. Incest.

Persons who, being within the degrees of consanguinity within which marriages are by the laws of the state declared incestuous and void, intermarry with each other, or commit adultery or fornication with each other, shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections not exceeding ten (10) years. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this subsection shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment.

R.L. 1910, § 2443. Amended by Laws 1997, c. 133, § 262, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 166, eff. July 1, 1999; Laws 2007, c. 261, § 7, eff. Nov. 1, 2007.

NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 262 from July 1, 1998, to July 1, 1999.

§21-885. Incest.

Persons who, being within the degrees of consanguinity within which marriages are by the laws of the state declared incestuous and void, intermarry with each other, or commit adultery or fornication with each other, shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections not exceeding ten (10) years. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this subsection shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment.

R.L. 1910, § 2443. Amended by Laws 1997, c. 133, § 262, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 166, eff. July 1, 1999; Laws 2007, c. 261, § 7, eff. Nov. 1, 2007.

NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 262 from July 1, 1998, to July 1, 1999.

 

 

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A lawyer can answer this for sure but as I understand Texas law, you can be married in Texas but you can't get married in Texas. In other words, the law doesn't void marriages between 1st cousins performed out of state (or in Texas before the law changed). However, at the same they changed the law on marriage, they also made it a serious felony to have sex with your 1st cousin and didn't bother to exempt the thousands of legally married couples already residing in the state. On the other hand, I double dare any moron prosecutor try to charge a legally married couple (in Texas- Wisconsin and Arizona are another matter).

Bottom line, you're going to need a lawyer who can clarify that your marriage is valid in Texas.

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LadyC    98

exactly. 12 years ago, first cousins could legally marry IN the state of texas. the state can not possibly prosecute what it once legitimized in the courts. cousins may not be able to marry here NOW, but those who were married (here or anywhere else) where it was legal at the time and location when the marriage took place can't be declared invalid. 

so immigration control, or at least the person who conducted the interview, is wrong, as much as i can ascertain. you're fortunate that you have the ability to reside in oklahoma and commute easily to work. personally, that might give you leverage later if you wanted to take this to court without personal risk... by petitioning the state to allow you to relocate back to texas. in fact, that might be an inexpensive formality... and might benefit other couples in the future because legal precedent would be established.

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