H4 rejection due to uncle-niece marriage

[ravkuma]

Hi,

My spouse is in the verge of getting her H4 rejected (issued 221g in Chennai consulate). My attorney received a response from the Department of State, DC that they will direct the consulate not to issue her Visa on the basis of stricter public law in California for uncle-niece marriage .

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California Family Code § 2200 - Void Marriages; Incestuous Marriages

“Marriages between parents and children, ancestors and descendants of every degree, and between brothers and sisters of the half as well as the whole blood, and between uncles and nieces or aunts and nephews, are incestuous, and void from the beginning, whether the relationship is legitimate or illegitimate.”
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Wanted to know if any one else faced a similar issue and also any recommendation on how to move forward like consulting a criminal lawyer etc for a legal opinion

Thanks,

[immihelp]

If possible, move to another state.

[ravkuma]

Thanks for your quick reply, I tried to google and could not find any concrete answer on which states really allow. Any idea about Canada? BC or other states

[Selvkum]

Hi Ravi - Did you found any state that allows uncle niece marriage?

[txh1b]

It is not a common marriage practice in many countries. I know it is allowed in some Southern states of India. However, for the purpose of visa, the following are considered by the VO.

9 FAM 40.1 N1.5 Uncle-Niece and First-Cousin Marriages
(CT:VISA-1000; 09-03-2008)
a. The determination of the status of a "spouse" in an uncle-niece or first-cousin marriage involves three variables:
(1) Laws of the place where the marriage took place;
(2) Laws of the State of proposed residence in the United States; and
(3) Facts that vary in each individual case.
b. Where you are faced with determining the validity of such a marriage for consular approval of a petition, the case must be considered “not clearly approvable” and submitted to the Department of Homeland Security/United States Citizenship and Immigration Services (DHS/USCIS) for approval. (See 9 FAM Appendix N 201 c).
c. In cases where DHS/USCIS has approved a petition involving such a marriage, and you question its validity, but do not believe it necessary to return the petition directly to DHS/USCIS pursuant to 22 CFR 42.43, you should refer any questions concerning the validity of the petition to the Office of Legislation, Regulations and Advisory Opinions Division (CA/VO/L/A) for an advisory opinion (AO).

As per what someone posted on another forum, The following states also allow marriage between Uncle and Niece:

Massachusetts
Maryland
South Carolina
Tennessee
Georgia
Alabama
Texas
Rhode Island

I would ask you to check with a family law attorney in thse states and a qualified immigration attorney as the relationship is considered incest in many states.

[devaraj]

Ravi, How did your spouse visa go?

[Siri36]

Hi Ravi,
we are in similar situation can you please let us know how did it went for your spouse visa