QUESTION

How do I respond to the RFE with proof beside a copy of prohibited marriage laws of Virginia?

Asked on Jul 03rd, 2013 on Immigration - Utah
More details to this question:
I want to marry my half first cousin and I applied for a fiance visa for him. I received a request for evidence asking that I show proof marriages between first cousins is legal in Virginia.
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4 ANSWERS

So, submit proof, if there is any, that it is legal for first cousins to marry in Virginia (it is probably not). If it is not, then you cannot enter into a legal marriage and, therefore, the fiance visa petition will not be approved. If there is another state where you are able to marry a first cousin and you have some ability to marry in that state, then show proof of that.
Answered on Jul 15th, 2013 at 9:26 PM

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Adebola O. Asekun
Can send the relevant VA statute that says your marriage is valid in Virginia, but I am not sure this is a legal issue you'd like to litigate on your own with DHS without the assistance of an experienced immigration attorney. For one thing, the fact that a marriage may be legal in one jurisdiction does not compel DHS' recognition of such marriage or else, Islamic polygamous marriages of Saudi Arabia should be accorded legal recognition by DHS.
Answered on Jul 07th, 2013 at 8:45 PM

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Immigration Attorney serving Downey, CA at Herrera & Juelle LLP
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Show them that marriages between first cousins is valid in Virginia by providing them a copy of the law where it states that it is legal. In the alternative, you can contact a registrar's office in Virginia and ask them to provide you with a letter from the jurisdiction, on their letterhead stating that it he marriage between cousins is legal.
Answered on Jul 04th, 2013 at 12:52 AM

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Employment & Labor Attorney serving Salt Lake City, UT at Sharon L. Preston, P.C.
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Yes, you can submit a copy of the statute (Va. Code Ann. 20-38.1 (2010)). The statute outlines which marriages are prohibited. Any marriages not listed by the statute, by implication, are permitted.
Answered on Jul 03rd, 2013 at 6:01 PM

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