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Brandon M.
Brandon M., Counselor at Law
Category: Legal
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Experience:  Attorney experienced in numerous areas of law.
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My husband and I dated for a year before we married last month.

Resolved Question:

My husband and I dated for a year before we married last month. His visitor visa expired 8 years ago. Anyway, now we're applying for his permanent residency, but I'm told there are seven states in which this could be a problem. What are the seven states? I don't want to pay a lawyer 3300 bucks and then have him tell me he can't help us in that state. Any idea why state laws would vary from federal law reguarding immigration procedures?
Submitted: 7 years ago.
Category: Legal
Expert:  Brandon M. replied 7 years ago.
Hello there:

I'm not sure where you're getting your information from; as you seem to be aware immigration is a federal issue. The validity of a marriage is determined that the state level; in no state with an expired visitor visa interfere with the parties ability to enter into a legally valid marriage. In fact, in the state of Virginia, both parties to not even need to be physically present at the marriage ceremony in order for the marriage to be considered valid. Your question is "any idea why state laws would vary from federal law regarding immigration procedures?" The answer is they don't.

Let me know if I may be of further assistance.
Customer: replied 7 years ago.

Ok, so why would there be seven states in which such residency was denied? And which states might they be?


What I'm wondering here is if each state has a quota of some sort and if they get filled up....I know we're legally married, I just can't see what difference it would make which state we filed in... can you?

Customer: replied 7 years ago.
Oh yeah, I can't believe such a helpful service exists, and I want you to understand how much I appreciate this....I just don't want to lose your ear by hitting the accept answer button before we're done here.
Expert:  Brandon M. replied 7 years ago.
what you are describing is pure fiction; I probably was not clear, and that is my fault. My point was that this is not a federal issue and that it's states will not deny marriage based on the parties visa status. If you discover anything to the contrary, you are welcome to come back here and demand a refund. I have no idea where you got your information from, however it is simply not correct. Furthermore, no states has any quota for marriages.

Don't worry about losing my ear by clicking accept. I am always happy to help with any reasonable follow-up questions :-)
Customer: replied 7 years ago.
I just worry they will deny his visa in our state, but would've accepted it somewhere else....and it IS $3300 we're paying a lawyer to file our paperwork for us. So, you think it doesn't matter what state we're in?
Expert:  Brandon M. replied 7 years ago.
for $3300, your attorney should be able to confirm for you what the law is as it applies to your specific situation. If your attorney is unable to verify this, you should probably look for a different attorney.

But no, a marriage in one state is just as valid as a marriage in any other for purposes of immigration.
Brandon M. and 5 other Legal Specialists are ready to help you
Customer: replied 7 years ago.

Ok, one more thing, just to clarify the question....I KNOW the marriage is valid. I just want to make sure it makes no difference as far as his getting is VISA on what state we request it in.


Again, thanks for saving me the three day wait while my expensive lawyer's paralegal gets back to me.

Expert:  Brandon M. replied 7 years ago.
that is correct.

It is my pleasure to help. The great thing about this service is that it gives the middleman access to legal services for a reasonable answer
Customer: replied 7 years ago.
You rock! Thanks again. I'm sure I'll be back before this is over, lol.