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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 102597
Experience:  Private practice in several areas, including immigration
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I am writing friend. He wants to marry s girlfriend he lived

Customer Question

I am writing for a friend. He wants to marry his girlfriend he lived with of 11 years. He has been in the US for 22 years overstaying his student visa . He only has an expired internal ID passport issued by the Soviet Union a country that no longer exist. His application for Russiam citizenship was denied and he is stateless. Question what ID if any would he need to get married . And
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

In Hawaii, the clerk will require a valid ID. It is doubtful that the clerk would accept a загранпаспорт. It is worth a try - he loses nothing by trying, but the clerk will likely reject the passport due to its date of expiration, if nothing else.

Your second part of the question may have been cut off? I have: "to get married . And..." but there is nothing else. If you had more, please reply and let me know and I would be happy to answer anything else.

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Customer: replied 1 year ago.
Being stateless with no valid Id what can he do . He wants to get married and apply for status adjustment. He has a clean record paid taxes for many years and everyone thinks he is an American living here 25 years or so. I want to help him somehown
Customer: replied 1 year ago.
is not w fake message they are living like married for 11 years
Customer: replied 1 year ago.
Did you receive my question
Expert:  Ely replied 1 year ago.

Thank you. Yes, I did - please allow me a second to write out my answer.

Expert:  Ely replied 1 year ago.

Honestly, he has few options. Note that provided that he came here on a valid visa, he does not have to leave in order to adjust. After marriage, the US Citizen that is his spouse can file an I-130/I-485 package for him and ask that his status be adjusted to that of a US resident based on marriage. See HERE. Even if he overstayed his visa by this long, provided that he has no criminal record and USCIS is satisfied that the marriage is bona fide, then they should adjust his status.

The problem is not the immigration matter. The problem is getting married. He needs to get married in order to adjust. However to get married, he needs a proper ID. He has none. He may wish to go to the Russian consulate closest to him and explain the situation, and ask them if the consulate can issue an ID (for example, Mexican consulates do this for Mexican nationals in USA who have no formal ID - it is called the matricula consular, and the Russian consulate may have a similar version). By the way, if he is not from Russia but another ex-USSR state, he would go to whichever consulate he was a resident of. For example, if he was from Belorussia, he'd go to Belarus consulate, etc.

Once he gets a valid ID to be able to be married, then he can marry and adjust.

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Customer: replied 1 year ago.
Thank you . The Russia consulate is in San Francisco, he is in Hawaii and cannot get on a plane without ID . He is born in Moscow his mother is from Moscow and lives there but since his last ID was from the Sobiet Union the time to apply for Russiam citizenship expired in the 90'
Expert:  Ely replied 1 year ago.

Russia has a consular contact in Hawaii, it seems:

Consulate of Russia

*****Apt. 19B

Honolulu, Hawaii 96816

Tel:(###) ###-####/p>

If they refer him to the SF consulate or the Russian Embassy in Washington, DC, he would then have to do this by mail, of possible.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.