Marriage and GC problems

[a+j 77]

First thing to do is get married. I'm in Iowa and our county website said SSN was required as well, it wasn't.

Same in Indiana. I didn't have a SSN yet when we applied for our marriage license. The county website said a SSN was required, but we asked the County Clerk directly and actually my passport was enough to have the license issued.

[StephAnn2012 50]

<br />Steph...you are missing the point.  Since she entered with a valid visa, all will be forgiven, including working without papers as they say. It's not whether she overstayed that counts--no big deal unless she leaves--but whether she entered legally, which she did. You unfortunately are stirring up a pot that doesn't need to be stirred.  AOS is straightforward, and really doesn't require a lawyer in all but the most extreme cases which this is not.  <br /><br />If you were to wander over to www.immigrate2us.net you will literally find hundreds and hundreds of people who have gone through this and worse on their own.<br />

<br /><br /><br />

I'll defer to those of you with practical experience in this matter - As I said before, I'd love to be wrong - I have been relying on what USCIS and IRS websites say on the subject - Good luck to the OP and her fiancee -

[Harpa Timsah 13,258]

StephAnn, most everything you wrote is incorrect. This is not the Philippines. We do not have any document here that says you are "legally able to marry." Legal status is not a requirement to marry here, and nether is a SSN.

I will repeat, I am sure the OP can marry with just a passport. A SSN is not required, by federal law. An ITIN is not required. This case is not complicated actually, so no need to go to immigrate2us.net. The only issue is a simple overstay which if she stays here is not an issue at all, and the financial issue. She needs a co-sponsor or her husband needs a job, period. They can get married this week. People seem to think that the internet has all the answers, but googling this and this will be a waste of time. They need to physically go down to the courthouse and talk to the clerk, in person, and get married, in person. Most local governments don't have the time or interest in writing up every situation on their website.

Edited February 24, 2013 by Harpa Timsah

[Harpa Timsah 13,258]

To your point: Was your wife here legally? Had she gone "years" past her VISA departure date? If she had overstayed her VISA, how much money did you spend to get competent legal advice before proceeding? - This couple's situation may be the same as yours on the surface, but is it the same situation?

Overstay is irrelevant/forgiven for spouses of USCs who adjust in country. it doesn't matter if they overstayed 1 day or 20 years. Really.

[B & G 200]

Missouri Revised Statutes

Chapter 451

Marriage, Marriage Contracts, and Rights of Married Women

Section 451.040

August 28, 2012

Marriage license required, waiting period--application, contents--license void when--common law of marriages void--lack of authority to perform marriage, effect.

451.040. 1. Previous to any marriage in this state, a license for that purpose shall be obtained from the officer authorized to issue the same, and no marriage contracted shall be recognized as valid unless the license has been previously obtained, and unless the marriage is solemnized by a person authorized by law to solemnize marriages.

2. Before applicants for a marriage license shall receive a license, and before the recorder of deeds shall be authorized to issue a license, the parties to the marriage shall present an application for the license, duly executed and signed in the presence of the recorder of deeds or their deputy. Each application for a license shall contain the Social Security number of the applicant, provided that the applicant in fact has a Social Security number, or the applicant shall sign a statement provided by the recorder that the applicant does not have a Social Security number. The Social Security number contained in an application for a marriage license shall be exempt from examination and copying pursuant to section 610.024. After the receipt of the application the recorder of deeds shall issue the license, unless one of the parties withdraws the application. The license shall be void after thirty days from the date of issuance.

Here is the link: http://www.moga.mo.gov/statutes/C400-499/4510000040.HTM

You really dont need a SSN number..as someone else posted earlier, you are only obliged to provide one IF you have one. Good luck!

[del-2-5-2014 1,339]

Regardless of what the website says, the OP should go down to the courthouse and find out in person.

I was unable to add my Wife to my BofA account, after weeks of screwing around with them I went to Chase and got it done in 15 minutes. I used this as an example to show that there are exceptions to stuff all the time.

[NikLR 13,220]

People come to the USA from all over the world to get married. They will not have a SSN. You can get married without an SSN. A county may demand one, so go to the next county and try. BUT you have to go talk to someone, not go off of a website.

Best of luck to you both! I hope life turns around for you.

[Amy_and_Victor 159]

About AOS... We figured we could ask our relatives to help us out and become a sponsor. If not, we'll try to find other ways. I am still trying to stay positive.

As mentioned before, there're no fee waivers, so you should be ready to pay full fee for AOS, and furthemore, about 2 years later you'll have to pay fee for ROC (2nd green card). Of course, in these 2 years it's possibility that you'll earn much more money than this fee, but still be ready and plan it.

About sponsorship for you, I wouldn't go with anything like "we could ask" or "we will try to find other ways", because for many people it seems that it's such a minor deal, but for some people it actually turning in the serious problem. Not only your fiance's relatives or whoever you want to ask about it should be elegible for sponsorship (have enough income to cover their family and your family all together), they also should be willing to sign affidavit. And they should understand that it's their financial responsibility for the next 10 years. Are you really sure they would be fine to sign such papers in the situation when you both in so unstable and bad situation when you both don't have a jobs, can't find any job for a long time, and survive on a few hundreds per month? I've read enough stories here when even best friends or close relatives refused to sign affidavit because they didn't want to put their own families to the situation when their financial situation will depend on your responsibility and welness. If you or your fiance are going to the church all the time, church sometimes may agree to be your sponsor. And it's pretty much no "other ways" to do it. You prove that you have enough income/savings (what you don't have) or you have to find a sponsor. So I would ask relatives if they would do it for you or not to be sure. I hope they will tell "yes", but don't deny chances to hear "no".

- Victor from Russia

[CC90 90]

You can't take a passport to any government office (Justice of the Peace) and get married.

Do you have a source for this? Every county is different. I didn't say that it would be true for her particular county, but an SSN cannot be a requirement for a marriage license.

The same requirements are true for all - You must provide proof that you can legally marry - That requires government documents which she clearly cannot give because she is here illegally.

You _are_ wrong on this. As you said that your information is limited to IRS/USCIS sources, neither of those agencies have any authority to challenge or administrate marriage law. That is left to the states, which in turn typically sets rules for the counties to administrate such laws. Hence, your information is fallacious.

As far as providing proof that you are legally able to marry, this isn't true. The only way you could get conclusive proof that you are legally able to marry is to get a document from every single county of every state in the US that says someone isn't married. There is not a national registry of who is married and who isn't like some other countries; the US is different. You must testify that you're not married, but there's really nothing stopping someone from getting married in, say, Los Angeles county and then get married again in another county in another state. They don't talk to each other or have a way of knowing.

Granted, your subsequent marriage would be retroactively void as it never existed if this ever came to light, but there is no way to provide conclusive "proof" of one's ability to marry in the US. Please do your research.

To the OP -- If you want to marry him, then he has to be the one to provide support for you. You are in love with someone who cannot support you in the eyes of the US government. He doesn't seem to have the ability, desire or determination to provide for you. He asked you to stay and you stayed, even knowing you would be breaking the law.

Who are you to judge the "desire" and "determination" of someone you never met? That isn't the purpose of this forum.

It will be tricky, but don't think for a second that getting married while you are here illegally will allow you to stay. They will deport you on the next plane and you'll be banned.

As others have said, this is wrong, too.

I'll defer to those of you with practical experience in this matter

Thank you.

Edited February 24, 2013 by CC90

[ceadsearc 516]

StephAnn, most everything you wrote is incorrect. This is not the Philippines. We do not have any document here that says you are "legally able to marry." Legal status is not a requirement to marry here, and nether is a SSN.

I will repeat, I am sure the OP can marry with just a passport. A SSN is not required, by federal law. An ITIN is not required. This case is not complicated actually, so no need to go to immigrate2us.net. The only issue is a simple overstay which if she stays here is not an issue at all, and the financial issue. She needs a co-sponsor or her husband needs a job, period. They can get married this week. People seem to think that the internet has all the answers, but googling this and this will be a waste of time. They need to physically go down to the courthouse and talk to the clerk, in person, and get married, in person. Most local governments don't have the time or interest in writing up every situation on their website.

I was just about to say all of this. Yes, you do have to be "legally able to marry" - in the sense that you cannot already have a spouse you aren't divorced from, you can't marry someone you aren't legally allowed to marry (a minor, someone unable to consent to marriage, etc. etc.). You don't have to be legally here. There are tons of people who get married here every day who are not legally here. Heck, there are many US locations (Vegas and Hawaii come to mind) that are hot tourist spots to get married.

In this specific forum (AOS from "other" visas), a good portion of the people here got married when they had already long overstayed their visa. My husband had long overstayed his when we got married. There was no issue. He brought his passport. I brought my driver's license. I provided my SSN because I had one. He told them he didn't have one. We signed some papers. We got our license. We went to the JOP and got married. It was incredibly easy.

Unless the OP hasn't told us something, there is no complicated mess to her situation that would require a lawyer and she DEFINITELY should not leave the country in the meantime - THAT would create a huge mess by triggering a ban. The only thing she needs to work out is a) coming up with the money for AOS and b) coming up with a co-sponsor.

If OP wants to tell us what county she lives in I'm sure someone would be happy to look at the website and try to interpret it for themselves but most likely, the county is saying that if you have a social, you need to provide it. If you don't, clearly you can't. As Harpa said, they don't write up every possible situation that could occur. In that case, it is best to just call or go down there. If I were the OP I'd just go down there with my fiance and all my documents and prepare to apply for a license that day.

[LanaMay 5]

Victor's advice makes a lot of sense.

In my opinion, your boyfriend seems to be very passive participant in all of this,especially since he is the one who asked you to stay illegally and since he is the only person that has responsibility and opportunity to take care of this situation.

There seems to be a fairly simple way for you to get married and file for AOS and our main problem is lack of money.

I just do not believe a US citizen in reasonable health can not find any source of income for years.Unless there are legal or addiction problems and things of that sort.

Job is not going to knock on your boyfriends door in your little midwestern town so move to a better place.

Here in Twin Cities,MN there are temp agencies always looking for people.Of corse most of those are manufacturing,construction and landscaping jobs but it is better than no job at all.

[Done--Really 331]

LanaMay--you are here on an H-1(b) visa which suggests you are better educated than many and probably have a good job to boot.

I grew up in one of those little Midwestern towns--4000 people--and the unemployment rate is about 50% except during tourist season when everyone has a job, but that is just June - August, and again at deer hunting season in November. The rest of the time it is unemployment checks, food stamps, Medicaid, and a lot of help from the churches. So, yes, moving is probably the best option unless there are family reasons to stay, but implying that the boyfreind is a mooch--probably part of the 47%--is out of order.

Edited February 24, 2013 by magical

[Kebalayesarr 13]

Only the us citizen is required to provide a ssn but not foreigners.. Go to the courthouse and bring your passport with you along with the fees required..you will be just fine

[SAT 9,609]

Only the us citizen is required to provide a ssn but not foreigners.. Go to the courthouse and bring your passport with you along with the fees required..you will be just fine

No lol. NO ONE is required to provide an SSN.

You guys are confusing the ####### outta everyone else. ANYONE can marry ANYONE in the US. Some states even same sex.

[CC90 90]

No lol. NO ONE is required to provide an SSN.

Well, this depends on the county. The county is within their rights to require an SSN if the individual has one.