Out of status for 5 months

J

jinxtee

New Member
I came in to the US on a student visa- Done with studies. and my boyfriend and I want to get married. I currently live in New York and He is in Virginia ( In the military).
Can we still file for a marriage license in NYC when ALL my forms of ID are invalid. OR is the use of a valid international passport legal?? ( visa is not valid).

Really need help! thank you!
 
You can use expired form of ID. What type do you have? A student card? Your passport is sufficient, expired visa or NOT is irrelevant, the Court want to verify that it is you who is on the picture and getting married. I am not sure about the forms of ID NY state requires, if they don't require 2 forms of identification, your passport is going to meet the requirements to be married. Relax....
 
Yes he is a citizen. Im just a little worried cos i, not exactly sure how to go about this whole process and what happens regarding filing for my green card after the weeding. Esp. given that ive been Out of status for so long.

Regarding identification. As per the NY clerks office site or whateve, it states you have to have valid identification...A passport is listed but no specifics as to a us passport or not..
 
jinxtee said:
Yes he is a citizen. Im just a little worried cos i, not exactly sure how to go about this whole process and what happens regarding filing for my green card after the weeding. Esp. given that ive been Out of status for so long.

Regarding identification. As per the NY clerks office site or whateve, it states you have to have valid identification...A passport is listed but no specifics as to a us passport or not..
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Let me cut the crap and get to the point. Your passport doesn't have to be a US passport, about 100% of US citizen (born here), produce their drivers license to get acquire a marriage license. 95% of all immigrants usually produces a drivers license (acquired with a valid visa status), or their country's national passport. Unless you get off your fear out of their mind, you will continue to worry till George Bush became the Gov. Texas again. Foreign passport are acceptable forms of identification, didn't they allow into the US with it? I wonder how long you have lived in NY, it is a cut throat city full of sick people with no fear, just borrow the no fear approach there and move forward, lot of illegals are NY too

If you want to continue to worry, this is a free country and you can worry yourself everyday, 7 days a week, 365 days a year.
 
Since your fiance is an American Citizen, your overstay won't be a problem-- provided you have not committed any crimes which would bar you from adjustment. In other words, you must be eligible for the adjustment of status in all ways except for the overstay. Once married, your husband will file the paperwork to get you a work permit and a conditional greencard. Everything will be fine, but you may want to hire an attorney to make sure it's done right. Remember, you are out of status, so it's important that this is all done correctly. You can hire an attorney from anywhere in the US to get you through it. I am an immigration attorney in Los Angeles.
 
It is not necessary to hire an attorney since your fiance is a member of the US military.

Since he is active duty military, contact the "Military Helpline" at the USCIS for assistance in your filings. The contact information is on the website. It is essential that you take care of all the paperwork immediately if he is deployable. He will want to have all of the legal documents updated as well; the JAG office on base provides assistance to him.

Please take advantage of this special service. It is a small reward for his service.
 
Thanks everyone for the help- much appreciated.
In terms of financial documents/ things to show we have joint assets. What would he need to include with the I-30 application.
I spoke to an immigration attorney prior- and was told that after the wedding my soon to be husband would file the I-30 application and then I should go about filing for a work permit. What forms do i need to file in addition to that.
Given that he's active military- how does that affect processing times etc?
 
Military has different income requirements for support. In certain instances, there is expedited processing. It depends on the circumstances of the military member.

Please use the helpline. They should be able to answer all of your questions for your specific situation better than an online forum.

Even before your GC is approved, your then spouse should make certain his records are updated to include you.

I hope you enjoy being part of the military family; it is a unique experience.
 
jinxtee said:
I spoke to an immigration attorney prior- and was told that after the wedding my soon to be husband would file the I-30 application and then I should go about filing for a work permit. What forms do i need to file in addition to that.
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It's I-130, not I-30. For a list of other forms see this other thread: http://forums.immigration.com/showt...een-Card-Do-it-Yourself&p=1975217#post1975217

Given that he's active military- how does that affect processing times etc?
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Probably no effect. Regular cases based on marriage to a US citizen are being processed to completion in 3-5 months. Him being in the military won't make it go faster than that, but if it gets delayed much longer than that, the military can help with inquiries and pushing to help get the case resolved without additional long delays.
 
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JohnDinLA said:
Since your fiance is an American Citizen, your overstay won't be a problem-- provided you have not committed any crimes which would bar you from adjustment. In other words, you must be eligible for the adjustment of status in all ways except for the overstay. Once married, your husband will file the paperwork to get you a work permit and a conditional greencard. Everything will be fine, but you may want to hire an attorney to make sure it's done right. Remember, you are out of status, so it's important that this is all done correctly. You can hire an attorney from anywhere in the US to get you through it. I am an immigration attorney in Los Angeles.
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lol, don't scare her, she DOES NOT need an attorney for this!!!!!!!!!!!!!!!!!!!!!!
 
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