Judge Denies Marriage License

[Marilyn. 340]

Well, let's say he does immigrate legally. It's not like it's a fraudulent marriage. They have a kid! So to me, it's in the best interest of an American citizen (the kid) that he be here. If he really cares about these people, then he'll stay in the Mexico for the LONG wait while they file correctly, file a waiver (with no guarantee of success) and then I think he deserves to be here. Why? Because our immigration system is all about keeping families together. He may have met his wife while being here illegally, but it sounds like their relationship is as real as any of ours. There are many people on VJ in this situation.

That may be, but rulings like this encourage the belief that you can legalize by marrying a willing American, who may or may not be aware that they're being used for a green card.

well, in this case... the guy is willingly going to leave the country in mid May but he just wanted to get married before he went so he could work on getting back to the US the legal way so he could be with his wife and child....

[homesick_american 1]

I wish that last sentence were true! My brother is a Director of Immigration in the UK. Believe me, the rules there are not the same as they are here.

Yeah, but their family immigration rules are tougher too. UK immigration law can be pretty strict, but it's also very clear on its face (aside from asylum claims). Either you qualify or you don't. Either it's legal or it's not. US immigration law is like a minefield, UK immigration law is like a children's primer. Very easy to understand.

I will also say this about the Home Office...they are ludicrously fast in processing visa applications.

Well, let's say he does immigrate legally. It's not like it's a fraudulent marriage. They have a kid! So to me, it's in the best interest of an American citizen (the kid) that he be here. If he really cares about these people, then he'll stay in the Mexico for the LONG wait while they file correctly, file a waiver (with no guarantee of success) and then I think he deserves to be here. Why? Because our immigration system is all about keeping families together. He may have met his wife while being here illegally, but it sounds like their relationship is as real as any of ours. There are many people on VJ in this situation.

That may be, but rulings like this encourage the belief that you can legalize by marrying a willing American, who may or may not be aware that they're being used for a green card.

well, in this case... the guy is willingly going to leave the country in mid May but he just wanted to get married before he went so he could work on getting back to the US the legal way so he could be with his wife and child....

That isn't the point. The point is that this ruling sets a legal precedent that will apply to every illegal in that court's jurisdiction who wants to marry, not just THIS illegal.

[Ban Hammer 12,861]

I think you are angry at something unrelated to immigration. Marriage is marriage. Immigration is immigration. Work is Work.

what if you are married to your work at uscis?

Make sure you separate these things. If you do not, it may lead to being unable to differentiate between 1st degree murder, and manslaughter. Just an analogy to show what the difference is.

um, the difference for that is usually whether the jury is sympathetic or not.

[Bootylicious!! 2]

I wish that last sentence were true! My brother is a Director of Immigration in the UK. Believe me, the rules there are not the same as they are here.

Yeah, but their family immigration rules are tougher too. UK immigration law can be pretty strict, but it's also very clear on its face (aside from asylum claims). Either you qualify or you don't. Either it's legal or it's not. US immigration law is like a minefield, UK immigration law is like a children's primer. Very easy to understand.

I will also say this about the Home Office...they are ludicrously fast in processing visa applications.

Well, let's say he does immigrate legally. It's not like it's a fraudulent marriage. They have a kid! So to me, it's in the best interest of an American citizen (the kid) that he be here. If he really cares about these people, then he'll stay in the Mexico for the LONG wait while they file correctly, file a waiver (with no guarantee of success) and then I think he deserves to be here. Why? Because our immigration system is all about keeping families together. He may have met his wife while being here illegally, but it sounds like their relationship is as real as any of ours. There are many people on VJ in this situation.

That may be, but rulings like this encourage the belief that you can legalize by marrying a willing American, who may or may not be aware that they're being used for a green card.

well, in this case... the guy is willingly going to leave the country in mid May but he just wanted to get married before he went so he could work on getting back to the US the legal way so he could be with his wife and child....

That isn't the point. The point is that this ruling sets a legal precedent that will apply to every illegal in that court's jurisdiction who wants to marry, not just THIS illegal.

I really still don't see the issue here. Why are you so hell bent on illegals not getting married? It's not like they are stealing your SO. They are entitled to fall in love just like you did. Jeez, the mentality of some people just amazes me.

[Ban Hammer 12,861]

Well, let's say he does immigrate legally. It's not like it's a fraudulent marriage. They have a kid! So to me, it's in the best interest of an American citizen (the kid) that he be here. If he really cares about these people, then he'll stay in the Mexico for the LONG wait while they file correctly, file a waiver (with no guarantee of success) and then I think he deserves to be here. Why? Because our immigration system is all about keeping families together. He may have met his wife while being here illegally, but it sounds like their relationship is as real as any of ours. There are many people on VJ in this situation.

That may be, but rulings like this encourage the belief that you can legalize by marrying a willing American, who may or may not be aware that they're being used for a green card.

well, in this case... the guy is willingly going to leave the country in mid May but he just wanted to get married before he went so he could work on getting back to the US the legal way so he could be with his wife and child....

i wonder if he knows about that 10 year ban.......

[JoeMama 0]

After reading the story, it appears to me that it's a federal judge trying to make a mark for himself. Some of these judges have too much power and can make ridiculous rulings at "their" discretion. Of course, the ACLU has to jump on the bandwagon also.

“Nobody ever suggested that these were not two people in love,” said Mary Catherine Roper, a lawyer for the American Civil Liberties Union who helped represent the couple.

Ms. Roper said this ruling was the first by a federal judge in a case testing whether immigrants can obtain marriage licenses without current visas.

The 2 last sentences of the story said it all.

[Sinergy 3]

They shouldnt be allowed to marry. omg the BS all of us have to go thru to LEGALLY marry the LEGAL way gets thrown out the window bc they have a kid and been together 2 yrs?? BULL.

makes me wonder why we even have immigration rules in the first place.

Hes illegal, he has no rights in the USA, other than breathing and going back home to do things LEGALLY.

my rant for the day

If my husband had swam the atlantic and then tiptoed over the freakin boarder, then we went to a courthouse to get married, they would have deported his butt.

Fortunatly my husband loved me enough and cared enough about me and his son to do things LEGALLY and the right way!

my panties are in a bunch after reading this story. i need to go smoke

I agree..

I have been going through hell and back during this < 2 year > admin processing. and Mr illegal skippity -do -dah through our country and can demand whatever he wants. Ufff

I am sick and tired of the illegals..

and woman, everytime i see situations like this i think of you!!!

Oh and i think its wonderful he has a kid here, so did my husband, he still had to wait thru the immigration BS to see his kid, and missed his birth ontop of that. so i have no sympathy for this guy and its NO reason to allow him to illegally be here and be told he has constitutional rights.

[Marilyn. 340]

I was reading this other article on this story....

I thought this was a pretty broad stroke to paint....

Caputo asked if Stankovic would grant the couple a marriage license even if he didn’t order it, since little doubt about Arias-Maravilla’s identity remained, given the evidence presented in court Thursday. Mahoney said he was still concerned about the marriage being for the purpose of immigration, a violation of federal law.

“It’s inappropriate, it’s invalid, and this court should not condone it,” he said to the judge in closing arguments.

http://www.citizensvoice.com/site/news.cfm...55154&rfi=6

ummm, I got married for the purpose of immigration.... I got married so I could move to the US to be with my hubby....

[Traviesa 0]

I guess I just think differently because, despite all the things that didn't go the way I wanted them to and the numerous sacrifices I have personally made due to immigration issues (my wedding comes to mind) I still am not mad at this couple for being able to have their wedding in the US. Because that's all it is-a wedding. Big frigging deal. They're still going to go through immigration like the rest of us did. I guess I don't come from the school of begrudging other people's happiness because my personal situation sucks.

[Alex+R 0]

I guess I just think differently because, despite all the things that didn't go the way I wanted them to and the numerous sacrifices I have personally made due to immigration issues (my wedding comes to mind) I still am not mad at this couple for being able to have their wedding in the US. Because that's all it is-a wedding. Big frigging deal. They're still going to go through immigration like the rest of us did. I guess I don't come from the school of begrudging other people's happiness because my personal situation sucks.

Ionescu, I have to ask, because don't know why someone whose husband did not get to see the birth of their child would want the same type of situation for someone else? It seems like a bad situation--an unfair situation.

I wish that last sentence were true! My brother is a Director of Immigration in the UK. Believe me, the rules there are not the same as they are here.

Yeah, but their family immigration rules are tougher too. UK immigration law can be pretty strict, but it's also very clear on its face (aside from asylum claims). Either you qualify or you don't. Either it's legal or it's not. US immigration law is like a minefield, UK immigration law is like a children's primer. Very easy to understand.

I will also say this about the Home Office...they are ludicrously fast in processing visa applications.

Well, let's say he does immigrate legally. It's not like it's a fraudulent marriage. They have a kid! So to me, it's in the best interest of an American citizen (the kid) that he be here. If he really cares about these people, then he'll stay in the Mexico for the LONG wait while they file correctly, file a waiver (with no guarantee of success) and then I think he deserves to be here. Why? Because our immigration system is all about keeping families together. He may have met his wife while being here illegally, but it sounds like their relationship is as real as any of ours. There are many people on VJ in this situation.

That may be, but rulings like this encourage the belief that you can legalize by marrying a willing American, who may or may not be aware that they're being used for a green card.

well, in this case... the guy is willingly going to leave the country in mid May but he just wanted to get married before he went so he could work on getting back to the US the legal way so he could be with his wife and child....

That isn't the point. The point is that this ruling sets a legal precedent that will apply to every illegal in that court's jurisdiction who wants to marry, not just THIS illegal.

I believe the situation already IS that illegals can marry pretty much everywhere. Certainly here in MN they can. This wasn't the first illegal immigrant to attempt to marry on US soil.

[Sinergy 3]

I guess I just think differently because, despite all the things that didn't go the way I wanted them to and the numerous sacrifices I have personally made due to immigration issues (my wedding comes to mind) I still am not mad at this couple for being able to have their wedding in the US. Because that's all it is-a wedding. Big frigging deal. They're still going to go through immigration like the rest of us did. I guess I don't come from the school of begrudging other people's happiness because my personal situation sucks.

I for one am not begrudging someone elses situation for any reason other than, the illegals in our country THINK they have rights!!!

But for those of us who have or are doing everything LEGALLY, and who went thru a hard process to do so, it does anger us.

[Fandango 1,439]

I don't have a problem with non-residents getting married...after all, many K3s started that way.

But when you start off already being illegal....I'm sorry, but you should have no rights to such. No one's saying the pair can't be married...let the USC go to the foreign spouse's country and do it there, then work on the waiver for the ban.

Marriage is a constitutional right? I didn't know about this. Weird.

I always thought marriage is a universal right. Marriage should not be associated with immigration. It's a different subject. The illegal can marry, and may not immigrate. Or, he can marry and immigrate. Depends on how he prefers.

Bizarrely, this is the only post that made any sense on the first page.

1. Why did so many people relate the problem to themselves? Illegals will do what illegals do and it has pretty much nothing to do with your legal visa journey. Doesn't mean they took your cookie. (oops!)

2. I'm surprised so many posters frown on their getting married. If he's illegal, they're probably not doing so well. Even if the man should be deported afterwards, at least their kid's parents are married! People here are always going on about how love has no borders, but they get their undies in a bunch over this story. The guy wants to marry, not evade tax payment, not take your job, not play their loud music on the street (hehehe). So, uh, why can't they get married?

You giving Caladan royalties for her 'cookie' angle? For a second I thought I was in that other thread.

Teasin, woman!

[Alex+R 0]

Marriage is a universal human right. I think we're getting a bit nuts to say people shouldn't be able to do it on our soil.

Article 16.

(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

(2) Marriage shall be entered into only with the free and full consent of the intending spouses.

(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

[Sinergy 3]

Ionescu, I have to ask, because don't know why someone whose husband did not get to see the birth of their child would want the same type of situation for someone else? It seems like a bad situation--an unfair situation.

because life is not fair, and while some of us choose to do things the right way, shouldnt give others the "constitutional right" (what they dont have) to do things illegally

[almaty 19]

I wish that last sentence were true! My brother is a Director of Immigration in the UK. Believe me, the rules there are not the same as they are here.

Yeah, but their family immigration rules are tougher too. UK immigration law can be pretty strict, but it's also very clear on its face (aside from asylum claims). Either you qualify or you don't. Either it's legal or it's not. US immigration law is like a minefield, UK immigration law is like a children's primer. Very easy to understand.

I will also say this about the Home Office...they are ludicrously fast in processing visa applications.

Well, let's say he does immigrate legally. It's not like it's a fraudulent marriage. They have a kid! So to me, it's in the best interest of an American citizen (the kid) that he be here. If he really cares about these people, then he'll stay in the Mexico for the LONG wait while they file correctly, file a waiver (with no guarantee of success) and then I think he deserves to be here. Why? Because our immigration system is all about keeping families together. He may have met his wife while being here illegally, but it sounds like their relationship is as real as any of ours. There are many people on VJ in this situation.

That may be, but rulings like this encourage the belief that you can legalize by marrying a willing American, who may or may not be aware that they're being used for a green card.

well, in this case... the guy is willingly going to leave the country in mid May but he just wanted to get married before he went so he could work on getting back to the US the legal way so he could be with his wife and child....

That isn't the point. The point is that this ruling sets a legal precedent that will apply to every illegal in that court's jurisdiction who wants to marry, not just THIS illegal.

in allot of states they can..marriage is a state related charter..the judge over stepped his authority and it was over-turned..the judge was making a political statement..