How do an illegal immigrant marry without ID?

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ballplayas12

Registered Users (C)
Hello this is my first time posting on here!! Seems like a GREAT site and I hope you guys can help us through this. My girlfriend and I want to get married in NJ after being together for 3yrs, and start our own life. She came to this county legally,but overstayed. She doesn't have any ID or social security number, but I know she has a college ID and birth certificate and passport. Can we still get married? Also in her passport its stamped as if she's in her home country. would this cause us problems? We want to get married and live together, but have no idea where to start or what to do. It would also be nice if we can talk to or find a friend who has been in our situation to help us. Any help would be greatly appreciated thanks everyone!! I
 
You don't need a state ID to get married, the birth certificate should be fine. Also you shouldn't need a SS#.

You'll be fine. If you're worried to much, go get married in Vegas, they don't care who they marry there. :D
 
ballplayas12 said:
Also in her passport its stamped as if she's in her home country. would this cause us problems?
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Could you elaborate on this. Why is her passport stamped "as if she's in her home country"?

Does USCIS have a record of her return to the US?

Does the passport contain the I-94 issued to her upon re-entry??

This could potentially be a huge problem. If she was never issued an I-94 then it is assumed she entered the country without inspection in which case she would be ineligible to adjust her status (or lack thereof).
 
reply to giovanni

Giovanni28 said:
Could you elaborate on this. Why is her passport stamped "as if she's in her home country"?

Does USCIS have a record of her return to the US?

Does the passport contain the I-94 issued to her upon re-entry??

This could potentially be a huge problem. If she was never issued an I-94 then it is assumed she entered the country without inspection in which case she would be ineligible to adjust her status (or lack thereof).
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my gf came to the U.S. twice... she first came her at age 8 with her aunt then left back to her home country. Then the second time came back at age10 by herself...her parents wanted her to stay the second time, and her aunt claimed my gf has to return or the aunt will lose her job backhome. so i think they ripped out the I-94, but she has the visa.. i do not know if USCIS have record s. the situation is weird ill try to find out more and let you know so you can give me your best advice.
 
if she doesn't have I-94, she has a very small chance of getting a GC. SHe needs proof that she entered the US with inspection (legally).
 
ballplayas12 said:
my gf came to the U.S. twice... she first came her at age 8 with her aunt then left back to her home country. Then the second time came back at age10 by herself...her parents wanted her to stay the second time, and her aunt claimed my gf has to return or the aunt will lose her job backhome. so i think they ripped out the I-94, but she has the visa.. i do not know if USCIS have record s. the situation is weird ill try to find out more and let you know so you can give me your best advice.
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So I take it the last time she entered the US she snuck across the border?

Well she's out of luck then. You can't get a green card if you entered without inspection.
 
ballplayas12 said:
Hello this is my first time posting on here!! Seems like a GREAT site and I hope you guys can help us through this. My girlfriend and I want to get married in NJ after being together for 3yrs, and start our own life. She came to this county legally,but overstayed. She doesn't have any ID or social security number, but I know she has a college ID and birth certificate and passport. Can we still get married? Also in her passport its stamped as if she's in her home country. would this cause us problems? We want to get married and live together, but have no idea where to start or what to do. It would also be nice if we can talk to or find a friend who has been in our situation to help us. Any help would be greatly appreciated thanks everyone!! I
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Her Birth Certificate & Passport will be enough,.

Be sure that her BC is translated into English and a signed letter certifying the translation.

She can actually translate it herself and sign al etter stating her proficiency in both her native language and in English.

Go get married at a justice of the peace or court house have a few witness' join you, where ever you get married they will not question her immigration status,

IF she entered the USA legally ( With inspection I-94) then she shoul dnot have any problems If she is not documented as having entered the USA through proper channel Border inspection ect. then she would have to return to whence she came and you would need to petitin
Then once married you can start her I-485 petition. Be sure she DOES NOT leave the USA and she should NOT work without proper authorization EAD card .
 
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ballplayas12 said:
my gf came to the U.S. twice... she first came her at age 8 with her aunt then left back to her home country. Then the second time came back at age10 by herself...her parents wanted her to stay the second time, and her aunt claimed my gf has to return or the aunt will lose her job backhome. so i think they ripped out the I-94, but she has the visa.. i do not know if USCIS have record s. the situation is weird ill try to find out more and let you know so you can give me your best advice.
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When you say her aunt ripped the I-94 out of her passport, did she surrender it at the airport upon her departure?

The reason I ask is because if her aunt surrendered the I-94 upon her departure, then technically your girlfriend 'left' the country and is currently her illegally and not 'out of status'.

However, if her aunt just took the I-94 and didn't surrender it to immigration upon her departure then she is still considered 'out of status' which is a good thing.

In either case, she'll be able to get a GC, it's just that one takes a hell of a lot longer than the other. If the first scenario is what took place then, she'd probably have to go back to her home country and apply for a fiance visa there or go the consular processing route. If the second scenario is the case, then all she has to do is file for a replacement I-94 (the form is on the USCIS website), then once she gets the I-94, she can file for AOS. Make sure you know which is scenario is applicable to you before you do anything.

May I ask what country your girlfriend is from?
 
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Giovanni28 said:
When you say her aunt ripped the I-94 out of her passport, did she surrender it at the airport upon her departure?

The reason I ask is because if her aunt surrendered the I-94 upon her departure, then technically your girlfriend 'left' the country and is currently her illegally and not 'out of status'.

However, if her aunt just took the I-94 and didn't surrender it to immigration upon her departure then she is still considered 'out of status' which is a good thing.

In either case, she'll be able to get a GC, it's just that one takes a hell of a lot longer than the other. If the first scenario is what took place then, she'd probably have to go back to her home country and apply for a fiance visa there or go the consular processing route. If the second scenario is the case, then all she has to do is file for a replacement I-94 (the form is on the USCIS website), then once she gets the I-94, she can file for AOS. Make sure you know which is scenario is applicable to you before you do anything.

May I ask what country your girlfriend is from?
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well, we believe the aunt ripped it herself, because her first visit you can still see the end part of the I-94 attached. But her second visit everything has been ripped out even the stamp that held the I-94 to the passport. I'll talk to her father to confirm it. Also her father still have her tickets, immunization shots, and KLM records kept safely. My gf is from GHANA in AFRICA. Also would it be necessary to translate her Ghana birth certificate into English, because her Ghana birth certificate is already in english words 100% . This is because they speak english and their native language in Ghana.

WE REALLY APPRECIATE EVERYONE'S HELP ON THIS SITE!! THANK GOD THIS SITE EXIST OR WE WOULDN'T KNOW WHAT TO DO:D
 
Giovanni28 said:
The reason I ask is because if her aunt surrendered the I-94 upon her departure, then technically your girlfriend 'left' the country and is currently her illegally and not 'out of status'.

However, if her aunt just took the I-94 and didn't surrender it to immigration upon her departure then she is still considered 'out of status' which is a good thing.
Click to expand...

she is illegally present in both cases. However, in the first case she can't prove that she entered with inspection, while in the second she can.
 
Hi I got married with my passport alone in NYC no birth certificate needed, visa nor I-94. I know this personally because I have neither in my passport. i lost my original passport with I-94 and visa in 2000 I applied at NYC consulate for a new one there is no visa or I-94 in it. I think they dont really care about your immigration status as long as your id is valid.

My mother in law was married 3 years ago she did not have a valid id even from her own country and could not be issued since she was a citizen in limbo (former USSR citizen - loong story) anyways she had just her birth certificate and there are only a few states that accepts b/c as an id for marriage purposes. I believe Las Vegas is one but that was too far for them to go, they drove up to Vermont and did the ceremony.

One piece of advice though when you are applying for the green you will have to apply for an I-94 to submit with your application
its Form I-102 and would run you $320 (i.e. if the fee didnt go up since) Hope this helps
 
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