Marriage laws regarding cousin relationships in the United States can vary greatly from state to state, especially when it comes to first cousins. If you are considering marrying your cousin and wondering if it’s legal in Illinois, it’s important to understand how the state’s laws work, as well as what the rules are for immigration purposes.
This article will help clarify whether cousin marriages are allowed in Illinois and what the legal implications might be for immigration.
First Cousin Marriages in Illinois
In Illinois, it is legal for first cousins to marry each other. There are no statewide prohibitions against marriages between first cousins, which means that if you are a first cousin and wish to marry, you can do so legally within the state.
However, while Illinois permits first cousin marriages, there are certain conditions tied to these marriages that might affect immigration and the validity of the marriage in other states.
Restrictions on First Cousin Marriages in Illinois
Although Illinois allows first cousin marriages, there is a significant restriction to keep in mind: both parties must be over the age of 65 for the marriage to be legally valid in Illinois. Alternatively, if the wife is infertile, the marriage is also allowed.
These conditions are specifically put in place to address health and genetic concerns related to first cousin marriages.
This rule reflects a more cautious approach to cousin marriages and is intended to limit potential risks to offspring from genetic issues. If you or your partner are considering marriage under these conditions, it’s important to meet the legal requirements to ensure your union is valid in Illinois.
Validity of Cousin Marriages for Immigration Purposes
When it comes to immigration, the validity of a marriage between cousins will depend on both where the marriage took place and where the couple plans to live after marriage. If you are marrying your cousin in Illinois or any other state, the marriage is considered valid only if it is recognized both where it took place and in the state where you intend to live.
For example, if you marry your first cousin in Illinois, which allows such marriages, and then plan to move to a state like Texas, where first cousin marriages are banned, your marriage might not be considered valid for immigration purposes.
In this case, while the marriage is legal in Illinois, immigration authorities will not recognize it if you live in a state where cousin marriages are prohibited.
State-by-State Marriage Validity for Immigration
Immigration services examine whether the marriage is valid under the laws of the state where the marriage was performed, but they also look at whether the marriage is allowed in the state where the couple will reside. For instance:
- If you marry your cousin in Illinois, your marriage will be valid for immigration purposes as long as you continue to live in Illinois, or in another state where cousin marriages are allowed.
- If you marry your cousin in Illinois but later move to Texas or Oklahoma, where first cousin marriages are criminal, your marriage could be considered invalid by U.S. immigration authorities, even though it was legally performed in Illinois.
This rule underscores the importance of knowing both the state laws and federal immigration guidelines when considering a marriage to a cousin.
Can You Marry Your Second Cousin in the U.S.?
While this article primarily focuses on first cousins, it’s worth mentioning that in most states, marriages between second cousins are generally permitted without any special restrictions. Second cousin marriages are legal across the U.S., with a few exceptions where specific states may prohibit them.
Immigration and Cousin Marriages
For immigration purposes, if your marriage is between first cousins, the U.S. Citizenship and Immigration Services (USCIS) will assess whether the marriage is legally valid in the state where it took place and where you plan to live.
If either location does not recognize the marriage, it may not be accepted for immigration benefits such as visas or green cards.
In Illinois, first cousins can legally marry, but there are key restrictions, including the requirement that both parties be over 65 or that the wife is infertile. For those considering immigration, it is essential to remember that the validity of a cousin marriage not only depends on the state where it takes place but also on the state where the couple intends to live.
While Illinois permits cousin marriages, if you move to a state like Texas where they are prohibited, your marriage may not be recognized for immigration purposes.
Understanding these rules is crucial when navigating the legal complexities of cousin marriage and immigration. If you have specific concerns, it may be beneficial to consult an immigration attorney to ensure that your marriage will be recognized where you live.
