Marriage laws regarding cousin relationships can vary across the United States, with some states allowing it, and others imposing restrictions or outright banning cousin marriages.
If you are considering marrying your cousin and wondering if it’s legal in Texas, it’s essential to understand the legal framework surrounding cousin marriages and immigration laws related to these unions.
Let’s break down what the law says about cousin marriages in Texas and other important considerations for immigration purposes.
Is First Cousin Marriage Legal in Texas?
In Texas, marriage between first cousins is considered illegal. Texas law explicitly bans marriages between first cousins, meaning individuals who are closely related by blood are not permitted to marry in the state. The law prohibits such marriages as part of efforts to avoid potential genetic issues that might arise from close bloodline relationships.
However, Texas doesn’t automatically invalidate cousin marriages that happen in other states or countries. For example, if a couple legally marries their cousin in another state where such unions are allowed, Texas may not recognize the marriage.
This issue is especially relevant for people who are planning to move to Texas after marrying their cousin in a state where cousin marriages are legal.
Validity of Cousin Marriages for Immigration Purposes
When it comes to U.S. immigration law, a valid marriage is essential for immigration benefits like family-based visas, work permits, and in some cases, to protect against deportation.
The U.S. Citizenship and Immigration Services (USCIS) requires a marriage to be valid according to the laws of the state or country where it took place, as well as the state where the couple resides or plans to live.
For first cousins who marry, USCIS examines whether the marriage was legal in the place where it occurred. For instance, if a cousin marriage was performed in a state where it is legal, such as California, it will be considered valid for immigration purposes.
However, if you plan to settle in a state like Texas, where cousin marriages are illegal, USCIS may not recognize the marriage, complicating your immigration process.
State Laws on Cousin Marriages
While Texas and some other states like Oklahoma prohibit cousin marriages, other states are much more lenient. For example, Alabama, California, and Vermont do not have laws against first cousin marriages. However, even within states that allow cousin marriages, there might be certain restrictions in place.
For instance, some states may allow cousin marriages only under specific conditions like the spouses being over a certain age or being infertile.
Other states, such as Maine, may require couples to undergo genetic counseling before they can marry their cousin. Each state has its own set of rules, and it is crucial to check the laws of the state where you intend to marry or live to ensure your marriage will be recognized.
Does Texas Recognize Cousin Marriages from Other States?
In general, Texas does not recognize cousin marriages performed in other states where such marriages are legal. A 2012 case highlighted this issue when two cousins, legally married in Indiana, tried to relocate to Texas. Despite their marriage being legal in Indiana, the Texas Attorney General refused to recognize it.
This case underlined the differences in policies between states, with Texas being one of the more conservative states in matters related to cousin marriages.
If you’re considering relocating to Texas after marrying your cousin in a different state, it is advisable to consult with an immigration lawyer in Houston who can help you understand the legal implications and what steps you might need to take.
Immigration and Cousin Marriages
When applying for a family-based immigration visa or other immigration benefits, the USCIS requires proof of a valid marriage. For those in a first-cousin marriage, USCIS looks at where the marriage took place to determine if it is legally recognized.
In cases where the marriage took place in a state that does not allow cousin marriages, it may not be considered valid for immigration purposes.
For example, if a couple married in Texas but later seeks to apply for immigration benefits in another state where cousin marriages are legal, the marriage could be recognized, but it depends on specific legal conditions and the state’s public policies.
Navigating cousin marriage laws in Texas and understanding their impact on immigration can be challenging. While Texas explicitly bans cousin marriages, other states have more relaxed laws. Additionally, the U.S. immigration system considers the legal validity of the marriage in the jurisdiction where it occurred.
If you are in a cousin marriage and considering applying for immigration benefits, it’s essential to consult a skilled immigration lawyer who can guide you through the process, ensuring that your marriage is valid under both state and federal laws.
