Patrick

Well in about 3 weeks I am going to marry my girlfriend of 5 years. I have
been living here in the US for the last 4 years and my divorce is finally
coming through here and so we can marry. My question is, in California where
we are going to get married, the County website states that government
issued ids must be presented by both of us to get the marriage license, I
currently have no US government issued id, my only id are my driving license
and passport from my country of origin. Will they accept these? Also I am
out of status and my passport has my dates stamped on it, will this also be
a problem? I know the County Court clerk is not an immigration official but
if kind of worries me.
Any help welcome.
Patrick

Sam Gordon

Regardless of whether you marry or not, you are in line for a serious ban.

Patrick

Why? I have not entered fraudulently and I am marrying a US citizen. As long
as I do not leave the country before AOS I should be fine. Has something
new happened which has changed this avenue?
Patrick


"Sam Gordon" <[email protected]> wrote in message
news:[email protected]...
    > Regardless of whether you marry or not, you are in line for a serious ban.

Hypertweeky

How do you know?
I know quite a few people that AOS'ed from expired visa status.. and are Permanent residents now.
IMHO We can't determine if he is in trouble or not because we don't have enough information..

Sam Gordon

Let's see, you wrote: "been ... in the US for the last 4 years ... in
California ... I currently have no US government issued id, my only id are
my driving license and passport from my country of origin ... I am out of
status ..."

California DMV: "If you take a job here or become a resident, you must get a
California driver license within 10 days. Residency is established by voting
in a California election, paying resident tuition, filing for a homeowner's
property tax exemption, or any other privilege or benefit not ordinarily
extended to nonresidents."

4 years is considered residency
this suggests you are ineligible to apply for a driver license
this suggests you are not here on a long-term visa (student or working visa)
this suggests you are here on a tourist visa
this suggests you have overstayed your tourist visa for 4 years
this suggests you have been out of status for four years
and this results in a ban regardless of your marital situation.

Patrick

Well I beg to differ,, marrying a US Citizen makes pretty much all the
listed bans not applicable. I have not broken any laws and also have not
used any illegal documentation since I have lived here. I have proof of
residence through medical insurance through my finace's work which recognize
unmarried partners. I also have been in contact with a lawyer and he has
advised me that I should have no problems in adjusting status, from all the
information I have the only worry is my id for getting married and if need
be I could travel to Nevada and get married there.
As far as I am aware being out of status has no bearing on my situation for
adjusting status when marrying a US citizen. Has this changed in the last
year?
Patrick

"Sam Gordon" <[email protected]> wrote in message
news:[email protected]...
    > Let's see, you wrote: "been ... in the US for the last 4 years ... in
    > California ... I currently have no US government issued id, my only id are
    > my driving license and passport from my country of origin ... I am out of
    > status ..."
    > California DMV: "If you take a job here or become a resident, you must get
a
    > California driver license within 10 days. Residency is established by
voting
    > in a California election, paying resident tuition, filing for a
homeowner's
    > property tax exemption, or any other privilege or benefit not ordinarily
    > extended to nonresidents."
    > 4 years is considered residency
    > this suggests you are ineligible to apply for a driver license
    > this suggests you are not here on a long-term visa (student or working
visa)
    > this suggests you are here on a tourist visa
    > this suggests you have overstayed your tourist visa for 4 years
    > this suggests you have been out of status for four years
    > and this results in a ban regardless of your marital situation.

Folinskyinla

Hi:

Passport is "government issued indentfication." The only US Government ID I happen to have is my passport. I don't carry it. I use my CALIFORNIA driver's license.

Ray

Sorry Sam... you are talking nonsense...

http://usmarriagelaws.com/search/uni...ia/index.shtml
but it wouldbe a good idea to see a lawyer ...there's one above this posting

AlisonPA

Shame about what you need as ID. In Maryland you don't need any at all not even birth certificate or previous divorce certificate. They will not want to look at the dates you were meant to leave. I suggest you take the I-94 out of your passport. They just want a photo ID.

Patrick

Thank you so much guys for all your help, I was beginning to doubt my
attorney, he said I will have no problems adjusting, I just threw the
question of id for the marriage license in here cause I was wondering about
it and I don't have an appointment scheduled with my lawyer till next week.
I presumed that my passport would be ok and that it would be of no concern
to the court clerk who issues the license as to whether I was in status or
out of status and that all she would do is photocopy it with my picture on
it for her records.
I have been on this forum through the years on and off for 6 -7 years and I
have heard of many people doing similar to what I am doing. As far as I was
aware, as long as the individual enters the country legally, i.e. with a
legal visa, then no matter how long they are out of status, it is forgiven
if they marry a US citizen (not permanent resident due to other requirements
for permanent residents bringing a spouse into the country).
Thanks again for the info
Patrick


"Folinskyinla" <member4043@british_expats.com> wrote in message
news:[email protected]...
    > Originally posted by Patrick
    > > Well in about 3 weeks I am
    > going to marry my girlfriend of 5 years. I have
    > > been living here in
    > the US for the last 4 years and my divorce is finally
    > > coming through
    > here and so we can marry. My question is, in California where
    > > we are
    > going to get married, the County website states that government
    > > issued
    > ids must be presented by both of us to get the marriage license, I
    > >
    > currently have no US government issued id, my only id are my driving
    > license
    > > and passport from my country of origin. Will they accept
    > these? Also I am
    > > out of status and my passport has my dates stamped on
    > it, will this also be
    > > a problem? I know the County Court clerk is not
    > an immigration official but
    > > if kind of worries me.
    > > Any help welcome.
    > > Patrick
    > Hi:
    > Passport is "government issued
    > indentfication." The only US Government ID I happen to have is my
    > passport. I don't carry it. I use my CALIFORNIA driver's license.
    > --
    > Certified Specialist
    > Immigration &amp; Nat. Law
    > Cal. Bar Board of Legal Specialization
    > Posted via http://britishexpats.com

Patrick

Well as I posted earlier in this thread, Tahoe is not that bad of a drive
from here and I could get married there but for my fiance's family it is a
weekday we are thinking of and Tahoe would be very inconvenient for them and
we resigned ourselves to the courthouse, also financially it is a lot
cheaper than driving out there etc.
I know from getting documents notarised here in the past, all that they are
looking for is to make sure I am who I say I am, just at present the id is
one of my niggling worries.
Patrick


"AlisonPA" <member20602@british_expats.com> wrote in message
news:[email protected]...
    > Originally posted by Patrick
    > > Well in about 3 weeks I am
    > going to marry my girlfriend of 5 years. I have
    > > been living here in
    > the US for the last 4 years and my divorce is finally
    > > coming through
    > here and so we can marry. My question is, in California where
    > > we are
    > going to get married, the County website states that government
    > > issued
    > ids must be presented by both of us to get the marriage license, I
    > >
    > currently have no US government issued id, my only id are my driving
    > license
    > > and passport from my country of origin. Will they accept
    > these? Also I am
    > > out of status and my passport has my dates stamped on
    > it, will this also be
    > > a problem? I know the County Court clerk is not
    > an immigration official but
    > > if kind of worries me.
    > > Any help welcome.
    > > Patrick
    > Shame about what you need as ID. In Maryland you
    > don't need any at all not even birth certificate or previous divorce
    > certificate. They will not want to look at the dates you were meant to
    > leave. I suggest you take the I-94 out of your passport. They just
    > want a photo ID.
    > --
    > Posted via http://britishexpats.com

Hypertweeky

He doesn't need one!

Hypertweeky

Good Luck!!
Keep us updated!

Patrick

Not sure what is meant by the comment "He doesn't need one!" ? Could you
clarify?
Thanks
Patrick


"Hypertweeky" <member13109@british_expats.com> wrote in message
news:[email protected]...
    > Originally posted by AlisonPA
    > > Shame about what you need
    > as ID. In Maryland you don't need any at all not even birth certificate
    > or previous divorce certificate. They will not want to look at the
    > dates you were meant to leave. I suggest you take the I-94 out of your
    > passport. They just want a photo ID.
    > He doesn't need one!
    > --
    > Posted via http://britishexpats.com

Hypertweeky

You do not need an ID