k_razdan said:
I was born in the US. My fiance came to the U.S. from India on a student visa. After a couple of years it expired and circumstances prevented him from getting it renewed, however, his passport doesn't expire for another two months. Yesterday we went to the courthouse to get a marriage license and they wouldn't give it to us because his Visa had expired. Has anyone ever heard of this? What do we do now? We have an appointment with an immigration lawyer in a few weeks, but I am impatient and nervous about what is going to happen. Has anyone been in a situation like this? I just want to marry the guy! Can the government really not let us?
Some people have intermingled two different issues here. Obtaining a marriage license is different than obtaining a driving or non-driving license. The issue at hand is about obtaining a marriage license and not a driving license. However, I'm going to explain a little bit on both of them.
In order to obtain a US driving license or a non-driving license (which is also called State issued ID), one must have to have a valid visa/status in the US pursuant to 1996 Immigration Reform laws. This requirement is being carefully carrying out after 9/11 incident; otherwise many states in the US did not care about the immigration status of an applicant before. NY state was one of them as it has point system to obtain a DL or N-DL. So long you could have 7 points, you were free/okay to get these documents without a problem. They never cared about immigration status of an applicant before. But after 9/11, almost every state in the union is checking up the immigration status of an applicant before issuing a DL or N-DL.
In order to get married in the United States, one must need to get a Marirage License first. And, to obtain a Marriage License, one must show/present a VALID (unexpired) govt. issued ID to family court. This govt. issued ID could be issued by either US govt. or foreign govt. That means, one must show a Driving License or Non-driving License issued from any state in the US or Canada; or a foreign passport (with or without US visa).
The govt. issued ID is asked/required just to verify the date of birth and Identity of a person who is seeking a marriage license. Thus, immigration status of a person has nothing to do whatsoever with marriage licence. If someone doesn't have a DL or N-DL then s/he should show a VALID foreign passport to obtain a Marriage License. If passport has expired, then this person would need to renew it first thru his/her country's consulate. Legal or illegal status has nothing to do with renewing the passport.
This being said, if someone is refused to issue a Marriage license based up not having immigration status in this country, then s/he should go to another clerk in the court next day to get a marriage license, or s/he could go to family court in other counties in the same state. Doesn't have to be the local family court wherein applicant resides. Also, person could ask to speak to a supervisor if court-clerk is refusing to issue a marriage license based upon immigration status.
As for marrying in the Vegas, then one would still be required to obtain a Marriage License issued by a family court over there before Elvis or Drag Queen or any other person could perform a marriage ceremony. Without a marriage license, noone could perform a marriage ceremony. And if someone would do, then marriage won't be recognized legally.
The only advantage one could have by marrying in the Vegas is-there is no other hassle like many states have. For example, in NJ, people need to take a blood test before a marriage license could be issued. I don't know if they still do that. Plus, there is a waiting periord of 24 hours or more to get married after getting a marriage license. Even in NY, people have to wait at least for 24 hours after obtaining a marriage license in order to get married.
But in Vegas, one can get married right away within a second after obtaining a marriage License. Plus, there is no any blood or urine test requirement either to obtain a marriage certificate. Moreover, the Marriage License Dept. in the courthouse remains open until midnight almost 7 days a week. Further, one can have a high profile/fairly tale/dreamy marriage in Vegas by paying only $200, which would include the gown, texedo, flowers, wedding cake, videography, photography, musci, fees of the marriage performer, and picking up and dropping you at the hotel in the limousine. Not a bad deal. However, it's said that Vegas wedding doesn't stay long, which is somewhat true.
Good Luck.
