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cousin immigration issues

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Guest Brenda

Hi. Me and my cousin have been married for almost 3 years . But have been together for 7 years.  We live in chicago and it not legal to marry you're cousin unless your over 50 or one of you is sterile. So we decided to get married in Virginia . Here is the thing I'm a citizen and his illegal. We asked a lawyer that if  I can petition for his legal residence . She told us that we could , if we got married in a state that was legal. What she failed to tell us was that we had to live in that state too. When we went to apply for the petition.  They tell us that its not possible.  That our marriage is not recognized in Illinois therefore not recognize for immigration purposes . I was so upset  most of how we where treated and just dismiss my the lawyer.  I don't know what to do? I have a daughter from a previous relationship  and we don't want more children.  We were thinking if I got my tubes tide if it would be legal  in Illinois? Any suggestions would be greatly appreciated. 

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we can't give legal advice here.... but if i were in your shoes, and i really didn't want anymore children, i'd give serious thought to getting my tubes tied. and then i would get married again, in the state of illinois.

but you need to give serious thought to getting sterilized. and it wouldn't be a bad idea to run all this by another attorney.

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First things first, and the standard disclaimer. We are not lawyers, and so not give legal advice. That said, welcome, and let's see if we can help you.

You have found the irony in Illinois law. Not the ONLY one, by a d*mn shot, but the bigger one which concerns us here. You are correct in that you either have to both be over 50ish, OR one of you must have some form of affidavit from a physician stating the party is permanently sterile. IF you are ABSOLUTELY SURE you do NOT want more children, and Cuzband is fully on board with that, then yes, you could get a tubal, have the doctor provide said affidavit, and you would be able to have your marriage recognized in Illinois. BUT, I'm not exactly sure how you would go about doing so. I don't know if you would just waltz into your county courthouse and say "Here it is, recognize our marriage" or what the exact process would entail. I, being in Illinois, and knowing how this state works, will assume you would be well advised to speak to a different lawyer to walk you through this, and of course, relieve you of some of your hard earned $$$. Another option would be to get such an affidavit, and "renew" your vows here in Illinois. I know of no law preventing the same two people (opposite gender, that is) from getting a legal marriage license in all 50 states, provided you meet their terms. Trust me when I tell you, it is a LOT cheaper to get a marriage license in Illinois, than it is a divorce. I'm willing to bet it would be a lot easier and cheaper to just get an Illinois marriage license than a lawyer to guide you through the hoopty hoops and loopty loops of getting the current license recognized.   

I see Lady C has somewhat beat be to all of this. See? We concur on it.

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