real life hax type question: man married a woman who's passport expired (probably meant Visa) and now back home...
Posted by
zeitgeist
Oct 25 '11, 21:07
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original message:
Well, just when you think you have encountered any possible contingency.....something else comes down the pike. Here is the situation.
One of my grooms called me today, distraught. Apparently, the town in NJ that issued the wedding license for him and his potential bride did so with an expired passport (hers) as her ID. When they went to INS to start the process for her citizenship, this was noticed, and her home country refused to issue her another passport. She went back to her native country with no intention of coming back to be with him.
His question to me was this; does he need an annulment? A divorce? Is this whole thing a non issue because her ID wasn't valid?
My answer to him was that he needs to find a lawyer and fast, but I just wondered about your take on this.
Celia in sunny but brisk NJ
[my reply]
If the county gave them a marriage license, then they have a license to marry, it is as literal as that. Whether the proffered identification was expired at the time doesn't mean it doesn't identify the person reasonably nor would it invalidate the marriage license (unless such ID was infact false.) the county accepted it and their rules are a lot more relaxed.
The issue with the INS is deeper. In the old days a person who's visa was expired and now remained in the country illegally could get married and then OK, you now had a legit claim to stay as a spouse of a citizen or registered alien. No more. NOW, if you marry an illegal alien (which means both those who come into the country without permission and those stay beyond any official permission) then they are still illegal and you are married to one who is not welcome in this land. sometimes you can get permission to come back once you leave, but usually they are banned for 10 years (er maybe that's when you are picked up and exported)
so...if they had a marriage ceremony then they are married. Does he 'need' a divorce or annulment? that's another issue. Was her only reason to marry was to get a green card, and now that she can't come back or doesn't want to, well yeah an annulment is a good idea as basically the marriage was a sham to begin with. But there's no reason they have to separate anymore than he could go to live with her.
anyway, I'm no lawyer, that's just my take on it.
----- Original Message -----
From: "celia milton" <[email protected]>
To: <[email protected]>
Sent: Tuesday, October 25, 2011 5:58 PM
Subject: AAWO yikes-o-rama
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