Can you marry on an expired visa?

[payxibka 10,047]

Just now, Jenny B said:

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..

Consulate.  Embassy is in DC

[Hattivatti 35]

He should check the information, from his home country's embassy, how to proceed renewing his passport. The quicker you guys get married and file for visa, the better off he is. 

[Bfree3 132]

Since his passport is more than likely his only valid ID(correct me if I’m wrong) I’d suggest you guys get married as soon as possible. Yes you can get married; An unexpired visa has nothing to do with you getting married. Additionally putting in the AOS package immediately after, having that all together. Marriage to a us citizen will forgive any overstay. 

Edited May 11, 2018 by Bfree3

[Jenny B 0]

7 minutes ago, Bfree3 said:

Since his passport is more than likely his only valid ID(correct me if I’m wrong) I’d suggest you guys get married as soon as possible. An unexpired visa has nothing to do with you getting married. Additionally putting in the AOS package immediately after, having that all together.

Yes it is his only form of ID and it is already expired. He was told he can get a temp ID to get married that is good for 30 days but not sure if that is correct?

[payxibka 10,047]

Just now, Jenny B said:

Yes it is his only form of ID and it is already expired. He was told he can get a temp ID to get married that is good for 30 days but not sure if that is correct?

Issued by whom?

[Jenny B 0]

1 minute ago, payxibka said:

Issued by whom?

I'm not sure.... I e-mailed a lawyer to see if this is even correct information. 

[Bfree3 132]

I thought you said that his passport was “about” to expire. I don’t know if he will be given an ID card, how will he be able to prove his identity ? 

[payxibka 10,047]

Just now, Jenny B said:

I'm not sure.... I e-mailed a lawyer to see if this is even correct information. 

Most states (and Texas maybe different) will not issue any kind of ID if the alien has no legal status in the USA

[Bfree3 132]

You can’t expect to get accurate info from the community if you’re not providing correct information. Just FYI. If his passport is expired, his visa is expired, his license is expired then he has no valid ID. I’d send in a request in his home country for a certified copy of his birth certificate before trying to make any moves. 

[usmsbow 802]

If his passport has expired, then I think you're not going to be able to get married here since he'll need some type of ID in order to do so. He also probably cannot renew his passport here since he's not a legal resident.

 

If his visa has expired, but his passport is still valid, you should be able to get married then file for AOS. 

[debbiedoo 2,339]

I think its pretty safe to say that in every state, you have to have a current, VALID ID to get a marriage license. Passport, Visa, Drivers License, State ID Card - one of those- a CURRENT one - is what is needed.

 

Look up your county courthouse website and see what the requirements are.

[Spiritandliv 8]

Does he have friends or family in his home country? Can they maybe renew his passport through the mail and send it to him?

[AnaidAaron 42]

I didn't know you could apply for AOS on an overstayed visa. I've read cases of people here who overstay, get married and later file for CR-1, then they have to return to their home country for the interview, and get a waiver for unlawful presence. 

 

Please correct me if I'm wrong. 

[TNJ17 1,329]

Yes you can get married. An expired visa does not stop you from getting married. However since he’s overstaying until he adjusts status after getting married he is not safe from removal procedures. Get to a courthouse and get married ASAP. He should be able to go to his country embassy or consulate and renew his passport. His visa does not interfere with that. Those people saying he cannot get his passport renewed that is only true if it’s a US passport. He can get his foreign passport renewed at his consulate or embassy. The US government does not interfere with that as he is not a US citizen. Requirements for that renewal will be dependent upon his country laws while abroad. 

 

If you are a US citizen, his overstay will be forgiven after he adjusts status from marriage. If you are only an LPR, that will not be forgiven and he would most likely have to go back to his country and you can bring him back after you become a citizen and file a waiver. 

 

Another thing I should mention is did he go through inspection the last time he came into the US? If he did not, marriage to you will not forgive his illegal entry and he’ll have to go back and you’ll have to file the appropriate paperwork to get him back in legally as your spouse. 

 

Also if he’s stayed here for 2 years illegally it is most likely safe to assume he has engaged in illegal work to survive being here illegally. If that is the case you will have to disclose that at the time of filing AOS and there might be some kind of extra paperwork he will have to file for that too. Be careful not to lie or there could be horrible repercussions to him and his future in the US. 

 

I would get married asap if I were you and file all the paperwork immediately. And if there are illegal work issues involved or not entering legally, I would get a lawyer to help with all that. Good luck. 

[EM_Vandaveer 2,417]

4 minutes ago, AnaidAaron said:

I didn't know you could apply for AOS on an overstayed visa. I've read cases of people here who overstay, get married and later file for CR-1, then they have to return to their home country for the interview, and get a waiver for unlawful presence. 

 

Please correct me if I'm wrong. 

You are wrong. Spouse of USC can file for Adjustment of Status (Green Card) even if they overstayed. It does not matter if they overstayed 1 day, 1 year, 20 years or more.