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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
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Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My girlfriend and I want to get married, Im a US citizen and

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My girlfriend and I want to get married, I'm a US citizen and she is a foreign national who overstayed her tourist visa and now both the visa and her passport are expired. Is there any place in the US that we can get married? She does have a translated copy of her birth certificate.
Submitted: 1 year ago.
Category: Family Law
Expert:  jludwic replied 1 year ago.

Hello,my name is Judith. Thank you for this opportunity to answer your questions.

Has she tried to apply to her Embassy to renew her passport or to give her a current passport?

 

Judith

Customer: replied 1 year ago.
No, she's from Russia, and being an overstay, she's afraid that they'll confiscate the passport.
Expert:  jludwic replied 1 year ago.

This may be more of a family law question since there is no immigration solution with a renewed passport.

I will have this sent to the family law category.

You have not been charged and there is no need to reply as that will delay the move.

Judith

Customer: replied 1 year ago.
Thank you. My question though is simply, is there anywhere in the US (preferably in the South East) where we can get married using only her birth certificate or Russian ID (which is written all in Russian, but it is a valid, government issued picture ID).

Thanks
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Nevada is going to be the easiest state for you to marry in without her having proper visa status in the country. However, you marrying her would not entitle her to obtain visa status if she is here illegally and she would have immigration issues regardless of the marriage. However, all Nevada requires is a current foreign government issued identification, such as a current passport with a clear photograph and licenses are issued the same day and you can marry the same day.

Louisiana and Alabama require that you provide a picture ID such as a driver's license/passport (translated and certified) along with a certified translated copy of her birth certificate. Florida will accept a valid passport as ID for marriage license.




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Customer: replied 1 year ago.
Hi Paul, and thank you for your prompt reply.
Just to be clear... her passport and visa are expired.
She does have an "internal" Russian passport that is valid, but it's all in Russian. That does have a clear picture etc... but as I said, it's written completely in Russian. Basically, her only valid picture ID is a Russian document completely written in Russian. Do you think that would work? Would it work in Florida?
Expert:  Law Educator, Esq. replied 1 year ago.
The internal passport would have to be translated. Most clerks of court in FL and the other states will still accept that internal passport as it is a valid government issued ID as long as it is translated. However, none of this will work to keep her in the US.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 89392
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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