Can you marry on an expired visa?

[EM_Vandaveer 2,417]

6 minutes ago, TNJ17 said:

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. 

No extra paperwork needed for illegal work. Just declare it on the forms.

[Jenny B 0]

2 hours ago, usmsbow said:

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. 

So his visa and passport are expired. That is the issue. Is that we can not get married due to him not having a valid form of ID. So we are trying to figure out how to renew his passport considering his visa is expired.

[Jenny B 0]

4 minutes ago, EM_Vandaveer said:

No extra paperwork needed for illegal work. Just declare it on the forms.

Thank you so much.

 

So he should be able to renew his passport even though his visa and passport have been expired for 2 years??

 

That is the biggest issue. We are unable to get married due to him not having a valid ID or identificaiton.

[EM_Vandaveer 2,417]

1 minute ago, Jenny B said:

Thank you so much.

 

So he should be able to renew his passport even though his visa and passport have been expired for 2 years??

 

That is the biggest issue. We are unable to get married due to him not having a valid ID or identificaiton.

That depends on his home country's rules. He should get in touch with the closest Consulate of his home country.

[TNJ17 1,329]

3 minutes ago, Jenny B said:

Thank you so much.

 

So he should be able to renew his passport even though his visa and passport have been expired for 2 years??

 

That is the biggest issue. We are unable to get married due to him not having a valid ID or identificaiton.

Wait his passport is expired? Or just the visa? This is confusing. He needs a valid government issued ID or a valid foreign passport to get married. He should get in touch with his embassy or consulate ASAP to get a new passport. 

[Jenny B 0]

Just now, TNJ17 said:

Wait his passport is expired? Or just the visa? This is confusing. He needs a valid government issued ID or a valid foreign passport to get married. He should get in touch with his embassy or consulate ASAP to get a new passport. 

Sorry.... His visa AND passport have been expired for 2 years. So that is the issue..... We can't get married without him renewing his passport AND I'm not sure if he can renew his passport if his visa is expired?!

[usmsbow 802]

21 minutes ago, TNJ17 said:

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. 

 

 

The part I put in bold is not really accurate: most consulates/embassies require one to show proof of legal residency in the country. For instance my wife had to provide her green card when renewing her Indonesian passport a couple years ago. 

 

That being said, perhaps Russia is one of those rare exceptions. I doubt it though. 

[Springrain22 427]

If his passport is expired and he is not a legal resident in the USA, he won't be able to renew neither his passport or visa without leaving the USA.

As far as I know, renewing Russian passport in the USA being illegal is not possible.

 

So to proceed, he MUST get a valid passport. To get it, he must go to Russia, so he has to leave the USA. If he leaves the USA, he will get a 10 year ban.

 

You guys have put yourself in a very tricky and bad situation. I am not sure if any lawyer will be able to do anything about his passport/status.

[Springrain22 427]

4 minutes ago, Dee elle said:

I see Russian being stated as the country of citizenship.. but cant find the OP stating that,.. may have missed it .. 

 

OP... JennB.. what country issued his now expired  his passport?

She mentioned that here: 

 

 

 

[Jenny B 0]

18 minutes ago, Springrain22 said:

If his passport is expired and he is not a legal resident in the USA, he won't be able to renew neither his passport or visa without leaving the USA.

As far as I know, renewing Russian passport in the USA being illegal is not possible.

 

So to proceed, he MUST get a valid passport. To get it, he must go to Russia, so he has to leave the USA. If he leaves the USA, he will get a 10 year ban.

 

You guys have put yourself in a very tricky and bad situation. I am not sure if any lawyer will be able to do anything about his passport/status.

His passport is actually issued through Kazhakstan. See someone else mentioned above it is possibly to renew even if it is expired through the country's embassy. I guess we will have to call directly and find out.

[Springrain22 427]

6 minutes ago, Jenny B said:

His passport is actually issued through Kazhakstan. See someone else mentioned above it is possibly to renew even if it is expired through the country's embassy. I guess we will have to call directly and find out.

It does not matter, it's even worse. He will not be able to renew it in the US, and he must leave the US to do so. Once left, he won't be able to return for at least 10 years because he overstayed for 2 years being illegal.

[jan22 3,069]

13 minutes ago, Jenny B said:

His passport is actually issued through Kazhakstan. See someone else mentioned above it is possibly to renew even if it is expired through the country's embassy. I guess we will have to call directly and find out.

Per the Embassy of Kazakhstan website, you can call (202-232-5488, ext. 121) or e-mail (kzconsuldc@gmail.com) for questions on passport renewal.

[Spiritandliv 8]

I would just go down to your local county clerk office and try to get a marriage license. If it just recently expired, maybe they’ll accept it if you get someone nice. Maybe bring his birth certificate and a translated birth certificate. Does he have a valid drivers license from his country?

[Sunnyland 639]

OP,  contact his country's consulate/embassy in Texas or wherever in the US like ASAP and see what they tell you. To get married you need some sort of valid ID here.  Not much we can do here for you. You or him needs to figure this out. Another VJers already gave you the contact of the embassy in a previous post.

[debbiedoo 2,339]

without a valid passport, im not even sure he can get back into his country, can he???