Near cousins legally married in an another Country?
This is the (theoretical) case: two near cousins having foreign citizenship and living in their country travel to USA. They are legally married under their national law (that, in the case, is also the law of their usual home).
Q1: their marriage has legal force in USA also? or a US/State law forbidding near cousin from having sex/marrying each other prevent also foreing law to take effect in USA ?
Q2: they can be criminally prosecuted in US for being married ?
Q3: they can be criminally prosecuted in US for having sex while staying in US ?
Sorry for my English (advices about a correct use of your language are welcome).
Answers:
It depends on the state -- some states allow 2nd cousins (or farther apart) to marry, some 1st cousins. so, if they are planning to move here long term, they should first move to a state that recognizes their marriage -- then it's valid anywhere in the US
They cannot be prosecuted for having a marriage that is valid where they came from, and cannot be prosecuted for consensual private sex.
Public sex, or non-consensual sex -- those are the same regardless of their legal status.
They are legally married. In the USA they are considered legally married however they cannot have a marriage here.
Interestingly enough this is a custom throughout the entire world.
If you don't publicy announce that you are banging your cousin, you will be fine.
Don't worry about it. No one is going to look into the details of a married couple's original relationship when visiting the US. Actually, unless there is some reason for it (such as one is trying to bring the other over under his/her visa), the US won't even care if they are married or not...
Ommmioddio, mia mamma e mio papà che sono venuti a trovarmi a casa mia a NY hanno rischiato grosso!! Potevano arrestarli, ed io potevo perdere la mia legittimità!
(relativamente alla Q3 credo l'abbiano fatta franca)
Però sul modulino verde-visto d'ingresso per diporto mica c'era questa domanda, tra se avessero commesso genocidi o sottratto minori alla custodia di un UScitizen...
escusmy
if one spike english ... pochino pochino come me!:-)
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