Judge Denies Marriage License

[Fandango 1,439]

well, in this case... the guy is willingly going to leave the country in mid May but he just wanted to get married before he went so he could work on getting back to the US the legal way so he could be with his wife and child....

But don't you find it odd that lawbreakers are dictating their terms to the law?

I'd love it if an American did that.

'hey I broke the law, but I'll go pay my fine/go to jail when I'm damn good and ready' lol

[Alex+R 0]

well, in this case... the guy is willingly going to leave the country in mid May but he just wanted to get married before he went so he could work on getting back to the US the legal way so he could be with his wife and child....

But don't you find it odd that lawbreakers are dictating their terms to the law?

I'd love it if an American did that.

'hey I broke the law, but I'll go pay my fine/go to jail when I'm damn good and ready' lol

HOw do you see that happening here? The guy is going home when they told him to.

[Marilyn. 340]

well, in this case... the guy is willingly going to leave the country in mid May but he just wanted to get married before he went so he could work on getting back to the US the legal way so he could be with his wife and child....

But don't you find it odd that lawbreakers are dictating their terms to the law?

I'd love it if an American did that.

'hey I broke the law, but I'll go pay my fine/go to jail when I'm damn good and ready' lol

HOw do you see that happening here? The guy is going home when they told him to.

yup...

Mr. Arias agreed in immigration court on March 6 to leave the United States voluntarily by mid-May. He and Ms. Buck wanted a church wedding before then, he said. If he and Ms. Buck marry, Mr. Arias will be able to apply to return legally to this country.

Edited May 2, 2007 by MarilynP

[Caladan 19]

Having looked at the article (but not the opinion, and goodness knows the NYT never reports decisions well), it seems that mostly what it's saying is that a marriage license isn't contingent on federal immigration status.

Leaving aside the illegals question, since it's a red herring, this seems like the right decision. The county has no authority over immigration; I wouldn't want them deciding I couldn't use my K-1, or that I couldn't get married on a tourist visa or to a Canadian who drove down on his birth certificate. They have no way to verify an I-94, so why should they have the ability to deny a marriage license based on something they know nothing about? The last thing I need after nine months of a visa process is some bonehead at Allegheny County deciding that he doesn't know what a K-1 is. And the last thing I need is to have to prove my damn relationship to some other airhead bureaucrat. Federal immigration is not the county's domain.

Anyhow, the illegal guy is leaving the country, as he should, and filing for a visa and presumably a waiver for an overstay. Don't worry, he'll have the fun of the immigration process, too.

[almaty 19]

they use to deny marriage license to folks of a different color..and it was law...was it right ..no..is this ruling correct..no and it was overturned....all people have rights here..we are not a 3rd world country..everyone deserves respect ..read the ###### constitution and show me where it says CITIZENS ONLY have these rights..

[Caladan 19]

Plus --- the U.S. has this thing you might have heard of called a fiancé visa. Marrying her doesn't accord him any more rights, or give their relationship any greater chance of being approved.

So the immigration 'benefit to illegals!!11!' of him getting married before he's deported?

Absolutely nothing. Slightly longer waiting process for the K-3 or CR-1.

[Ban Hammer 13,334]

they use to deny marriage license to folks of a different color..and it was law...was it right ..no..is this ruling correct..no and it was overturned....all people have rights here..we are not a 3rd world country..everyone deserves respect ..read the ###### constitution and show me where it says CITIZENS ONLY have these rights..

that's an easy one.......

We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

Edited May 2, 2007 by charlesandnessa

[Marilyn. 340]

Plus --- the U.S. has this thing you might have heard of called a fiancé visa. Marrying her doesn't accord him any more rights, or give their relationship any greater chance of being approved.

So the immigration 'benefit to illegals!!11!' of him getting married before he's deported?

Absolutely nothing. Slightly longer waiting process for the K-3 or CR-1.

I guess they figure they might have more of a chance with a K3 or Cr-1.....

[Caladan 19]

But that's not true. You still have to prove a valid relationship, or else everyone would just breeze through by marrying their SO in the other country.

Whatever the guy thinks is irrelevant, really. Maybe he and his girlfriend think it'll be better for their personal relationship if they're officially married before he leaves. Maybe they're confused about immigration law. Whatever the reason, there's no reason to get some other government agency involved in my marriage, one that wouldn't know an I-94 from a hole in the ground, when there is no *real* benefit to illegals (!!!11!) at all.

[Bootylicious!! 2]

Plus --- the U.S. has this thing you might have heard of called a fiancé visa. Marrying her doesn't accord him any more rights, or give their relationship any greater chance of being approved.

So the immigration 'benefit to illegals!!11!' of him getting married before he's deported?

Absolutely nothing. Slightly longer waiting process for the K-3 or CR-1.

I guess they figure they might have more of a chance with a K3 or Cr-1.....

They might, but the fact still remains, he has to file a waiver. Those hardships his wife has to prove are the same regardless of what visa they have applied for. I think that's one thing people on here fail to realize when talking about illegals becoming legal. It's not like it's just handed to them free and clear. We still had to prove that Javier deserved to be here and that he had made a mistake by coming here illegally to begin with or he wouldn't be here now. I don't agree and never have agreed with people being here illegally but some people on here think they don't deserve a damn thing just because they made a bad decision. Thank goodness that's not true because I didn't decide to fall in love with Javier and I certainly wasn't breaking up with him just because when I found out he was illegal. Our journey sucked just as bad as everyone else's here. But to deny us the right to marry in the first place would have just been stupid.

[Caladan 19]

they use to deny marriage license to folks of a different color..and it was law...was it right ..no..is this ruling correct..no and it was overturned....all people have rights here..we are not a 3rd world country..everyone deserves respect ..read the ###### constitution and show me where it says CITIZENS ONLY have these rights..

that's an easy one.......

We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

It doesn't say citizen. Or permanent resident. Besides the point, as there's not a blessed thing in the Constitution about marriage.

[Tim and Bethanie 1]

Well, let's say he does immigrate legally. It's not like it's a fraudulent marriage. They have a kid! So to me, it's in the best interest of an American citizen (the kid) that he be here. If he really cares about these people, then he'll stay in the Mexico for the LONG wait while they file correctly, file a waiver (with no guarantee of success) and then I think he deserves to be here. Why? Because our immigration system is all about keeping families together. He may have met his wife while being here illegally, but it sounds like their relationship is as real as any of ours. There are many people on VJ in this situation.

That may be, but rulings like this encourage the belief that you can legalize by marrying a willing American, who may or may not be aware that they're being used for a green card.

well, in this case... the guy is willingly going to leave the country in mid May but he just wanted to get married before he went so he could work on getting back to the US the legal way so he could be with his wife and child....

I think that is a load of bollocks! If he so wanted to do it the legal way why has he obviously entered/stayed illegally? He could of taken his happy law abiding butt back across the border and applied for a k-1 like any other person should do! He only has a problem with the laws when he doesn't get what he wants!

[Ban Hammer 13,334]

they use to deny marriage license to folks of a different color..and it was law...was it right ..no..is this ruling correct..no and it was overturned....all people have rights here..we are not a 3rd world country..everyone deserves respect ..read the ###### constitution and show me where it says CITIZENS ONLY have these rights..

that's an easy one.......

We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

It doesn't say citizen. Or permanent resident. Besides the point, as there's not a blessed thing in the Constitution about marriage.

we the people implies citizens.......

[SteveLaura 0]

they use to deny marriage license to folks of a different color..and it was law...was it right ..no..is this ruling correct..no and it was overturned....all people have rights here..we are not a 3rd world country..everyone deserves respect ..read the ###### constitution and show me where it says CITIZENS ONLY have these rights..

that's an easy one.......

We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

It doesn't say citizen. Or permanent resident. Besides the point, as there's not a blessed thing in the Constitution about marriage.

we the people implies citizens.......

The constitution doesn't apply to me? I didn't know that...

[Scott & Lai 12]

they use to deny marriage license to folks of a different color..and it was law...was it right ..no..is this ruling correct..no and it was overturned....all people have rights here..we are not a 3rd world country..everyone deserves respect ..read the ###### constitution and show me where it says CITIZENS ONLY have these rights..

that's an easy one.......

We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

It doesn't say citizen. Or permanent resident. Besides the point, as there's not a blessed thing in the Constitution about marriage.

An illegal alien is not a "person of the United States."