Can you marry on an expired visa?

[Jenny B 0]

Hi everyone,

 

My fiance currently has an expired visa in the US of almost 2 years. How big of an issue will this be when we tried to get married? His passport is also about to expire. I'm not sure if this can be renewed if his visa is also expired? Any help would be appreciated!!

[payxibka 10,047]

2 minutes ago, Jenny B said:

Hi everyone,

 

My fiance currently has an expired visa in the US of almost 2 years. How big of an issue will this be when we tried to get married? His passport is also about to expire. I'm not sure if this can be renewed if his visa is also expired? Any help would be appreciated!!

Qualification for a marriage license is determined by the state (50 different sets of rules).  She certainly will require an current unexpired ID but beyond that it depends on the state statutes

Edited May 11, 2018 by payxibka

[Jenny B 0]

We are currently in Texas. I recently read an article how people were getting arrested in their interviews due to expired visas so this worries me. 

[Cyberfx1024 7,980]

4 minutes ago, Jenny B said:

We are currently in Texas. I recently read an article how people were getting arrested in their interviews due to expired visas so this worries me. 

So they have been in the USA for 2 years now, do you know if any order of deportation or hearing/action has been taken against them.

Edited May 11, 2018 by cyberfx1024

[payxibka 10,047]

3 minutes ago, Jenny B said:

We are currently in Texas. I recently read an article how people were getting arrested in their interviews due to expired visas so this worries me. 

I would not be surprised in Texas

 

What are the requirements for getting a formal marriage license?

 

• Both parties must appear before the county clerk;
• Submit proof of identity and age;
• Provide information applicable to each person for which space is provided
• Mark the appropriate boxes provided in the application and;
• Take the oath printed on the application and sign before the county clerk.

 

What can I use as proof of identity?

 

• Driver's license or identification card issued by this state or another state;
• United States passport;
• A current passport issued by a foreign country;
• An original or certified copy of a birth certificate issued by a Bureau of Vital Statistic for a state or a foreign government (printed within the last 10 years). Must present a valid form of government issued ID; or
• Military ID card
• Forms of identification cannot be mutilated(Ex. torn, taped together, or laminated).

[Jenny B 0]

1 minute ago, cyberfx1024 said:

So they have been in the USA for 2 years now, has any order of deportation or hearing/action been taken against them.

No, he has just over stayed and now we want to get married but not sure what legal issues we will be facing due to his visa being expired. 

[Cyberfx1024 7,980]

1 minute ago, Jenny B said:

No, he has just over stayed and now we want to get married but not sure what legal issues we will be facing due to his visa being expired. 

Well get married and file for AOS IMMEDIATELY after getting married. The vast majority of those cases you heard about is that those people already had judgements against them in some form or another.

Edited May 11, 2018 by cyberfx1024

[payxibka 10,047]

Just now, Jenny B said:

No, he has just over stayed and now we want to get married but not sure what legal issues we will be facing due to his visa being expired. 

Same legal issues he faces every day until his status is corrected or he leaves the USA.   He is subject to action if found

[Jenny B 0]

2 minutes ago, payxibka said:

Same legal issues he faces every day until his status is corrected or he leaves the USA.   He is subject to action if found

I understand the consequnces he faces if found... What I am wondering is if we can proceed with getting married while his visa is expired?

[payxibka 10,047]

6 minutes ago, Jenny B said:

I understand the consequnces he faces if found... What I am wondering is if we can proceed with getting married while his visa is expired?

I assume the answer is theoretically as long as when he presents himself at the county courthouse for the marriage license he is not discovered

[Sunnyland 639]

When is his passport expiring? And when are you planning to get married? For how long your fiance has overstayed here?

Not sure he can renew his passport in the US since he is not resident. And when I mean resident is legal resident, "visiting" on a tourist visa.

[Jenny B 0]

8 minutes ago, Sunnyland said:

When is his passport expiring? And when are you planning to get married? For how long your fiance has overstayed here?

Not sure he can renew his passport in the US since he is not resident. And when I mean resident is legal resident, "visiting" on a tourist visa.

We are planning within the next 2 months or so and he has overstayed for almost 2 years. So I don't think he will be able to renew it here??

[Sunnyland 639]

5 minutes ago, Jenny B said:

We are planning within the next 2 months or so and he has overstayed for almost 2 years. So I don't think he will be able to renew it here??

 

He is not legal resident here so I don't know if renewing a passport in US soil is even allowed for non-residents. He needs to contact his country embassy in Texas or whenever location he has near him. When is his passport expiring?

 

PS: I'm from Argentina and was able to renew my arg passport in Miami but I needed to show them that I reside legally (not on tourist visa) here with papers, etc.

Edited May 11, 2018 by Sunnyland

[payxibka 10,047]

2 minutes ago, Sunnyland said:

He needs to contact his country embassy in Texas or whenever location he has near him. When is his passport expiring?

You will not find an Embassy in Texas as all Embassies are located in Washington DC.  A consulate maybe....

[Jenny B 0]

1 minute ago, payxibka said:

You will not find an Embassy in Texas as all Embassies are located in Washington DC.  A consulate maybe....

It's already expired so I'm not sure if he can renew it if his visa is expired?? There is a Russian embassy in Houston..