Can you get married with an expired visa?

Question

I am engaged to someone who came to the u.s. to go to college and he had a student visa, but it is now expired. Is there any state that will allow you to get married with an expired visa?

Answer 1

You can get married, but that does not make him legal to stay in the U.S., and if he gets deported you will be married to some one that you can not see for 10 years.

Deport illegals, and keep the dream alive.

Answer 2

yes, you can. it doesnt matter if the visa is expired. they just had to come to the country legally. my wife and i just got married last week and we were in the same situation. you're going to have to get an immigration attorney and file for green card status after getting married and its a very complicated, long and expensive process. good luck.

Answer 3

Foreign nationals who have overstayed their visa but got married to a US citizens are usually forgiven by US immigration authorities, and may get married and apply for adjustment of status.

Your concern isn't with getting married. You can get married on any sort of visa, actually you don't even need a visa at all to get married. The fact is that the people who work at courthouses and county government centers don't know the first thing about visas and immigration law. All they need is a form of identification and sometimes proof that you can marry. Nothing under immigration law forbids you from getting married, so I wouldn't worry about that.

Look up your state at http://marriage.about.com/cs/marriagelic... to know what the requirements are to get married.

What you can worry about, on the other hand, is how marriage does not necessarily enable you to apply for any immigration benefit under US law. In your case however, it should not be a problem to apply for your partner to apply for legal status after you get married.

I do encourage you to consult with an immigration attorney because cases such as yours are kind of "on the fence" but you shouldn't have to worry about anything.

On the other hand and if your partner knowingly entered the USA with intent to get married on his or her student visa, then that is immigration fraud and he or she should return to her home country, whereupon you may apply for him or her to come back to the US legally. If there was no intent and you two simply wish to get married, then you are free to do so.

Answer 4

No.  He is an illegal alien and marriage to him will trigger an automatic marriage fraud investigation and get him deported.  You can go to prison for 5 years and be fined $250,000 if convicted of marriage fraud.  Do not marry him!

Answer 5

Yes. Here at Los Angeles, CA. Four years ago, my friend married this girl who came here as a tourist. Her visa expired for 2 years before they met. They did not have a hard time getting a marriage license or any stuff that they need preparing their civil wedding, since usually they just ask for her state license. As soon as they got married, they consult an attorney on how to file a petition for her. I think, it will be a lot harder (to file paperwork at immigration) if the person you are going to marry came here illegally; like if they cross the border, etc. I'm not sure, but I think it depends on the case. Anyway, they are still together and I believe they are waiting for her citizenship.

Answer 6

Visa has nothing to do with getting married. If you marry him while he is here illegally you open yourself to aiding and abetting a fourth degree felony. If you enter (or stay in) the US without proper documents that is a fourth degree felony. Aiding and Abetting is a misdemeanor but carries serious jail and fines.

Answer 7

There are a number of states that will allow you to get married. There are also a number of states that require a SSN which he may or may not have. There are also county laws and city laws. Get your local laws and if not start moving outward to different jurisdictions. California (I married my foreign student wife there xx years ago in San Francisco) still doesn't require a SSN. Or try Las Vegas, Nevada! Some jurisdictions will not give you a license with a foreign ID as they have no way of telling the validity of it. Good Luck!

Answer 8

Don't get into issues that may need painful events down the road.  Consult an attorney before you proceed.  Marriage is an expensive legal contract and one needs to be careful before one jumps into one.

Answer 9

INDIANA WILL JUST GET A MARRIAGE LICENCE

My friend married a guy her that came illegally!

Answer 10

i'm pretty sure no...

you need to go to the state and get him a green card at your request, if you are an american citizen. but i'm not completely posotive of that.

Answer 11

the visa has nothing to do with the marriage.  you won't be able to legally obtain a marriage license in the state where you plan to marry.