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Incountry marriages vs Out of Country marriages to american citizens

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  • Incountry marriages vs Out of Country marriages to american citizens

    What is the difference in the immigration processes for a non-citizen to marry an american citizen:
    -in the country?
    -outof the country ?

    I heard that Las Vegas Marriage certificates are no longer considered valid. And that the non-citizen can be deported for doing so...
    is this true?

  • #2
    What is the difference in the immigration processes for a non-citizen to marry an american citizen:
    -in the country?
    -outof the country ?

    I heard that Las Vegas Marriage certificates are no longer considered valid. And that the non-citizen can be deported for doing so...
    is this true?

    Comment


    • #3
      Regarding immigration matter ... difference can be in process and way you file petition ....

      Out country marriages :- you can do DCF, Fiancée visa, K3 ....

      In country marriages :- you can do AOS

      Comment


      • #4
        It depends on where are the parties in US or out of State:

        Inside US/or out of States just follow Pasha's Comments.

        As far as marriage is concern, if that marriage is acceptable in that State, then it will be acceptable all over US as well as by the Immigration. This law was changed some were in 1980 If it is valid in the country of marriage it is valid in the United States.

        Comment


        • #5
          A Las Vegas marriage certificate is just as valid as any other marriage certificate. Just because Las Vegas marriages have that "shot gun" reputation, it doesn't mean they are any less legally binding than marriages from anywhere else ;-) Getting married will not cause an alien to get deported. In Nevada, they do not ask for immigration status when issuing a marriage license. I got married to my illegal husband in Reno. When they asked for his social security number, we just said that he doesn't have one yet. I know that the woman could tell that he was a "wetback" because it is obvious, but she didn't seem to care. The whole process took less than an hour. It was a Saturday afternoon. There was an Australian man and a Japanese woman who were getting married in the chapel when we were in line. There was also a Mexican couple waiting in line. In places like Vegas and Reno, they marry so many kinds of people and so many "odd" couples that they don't even blink to marry an American to an illegal alien.
          P.S. It was exactly two years ago on Monday when hubby and I said our vows in that sleazy little chapel ;-) How time flies.
          Have a nice day

          Comment


          • #6
            Happy marriage anniversary Gluhbirne ...!

            Comment


            • #7
              1. To expand a little on Pasha's post
              a. Legal marriage in the US allows adjustment of status, i.e. green card application,- if the non citizen entered the US legally, e.g. as a K1 fiance(e), F1 student, H worker.... Other types of legal entry, e.g. J1 exchange, B1/2 visitor, visa waiver... also allow AOS, but there may be complications. Visa violations are forgiven for these cases. Marriage to an illegal alien, e.g. EWI, crew violators... does not allow AOS (except 245(i) grandfathered cases).
              b. Legal marriage outside of the US requires an immigrant visa if you want to live in the US. The IV process requires a petition (submitted to a USCIS service center or sometimes through direct consular filing at the US Embassy overseas), medical exam, and background check. Some cases, e.g. 3/10 year bars, require further waiver applications before an IV can be granted. There is also the K3 visa, which short cuts the IV process after the petition is filed and allows admission to the US for AOS.
              2. And a caveat to Gluehbirne's post.
              a. Marriages are legal IF you meet the legal requirements of the place where you get married (check the Clark Co., NV Clerk of Court's office for marriage in Vegas) AND in the place of your residence(s). For example, it is legal to marry your first cousin in TX, but not in NV. Even if you were a resident of TX, if you married you first cousin in Vegas, the marriage would be void. Another example, in WI it is illegal to marry within 6 months of a divorce, but there is no waiting requirement in Vegas. If you were a WI resident and got married in Vegas two months after your divorce, the marriage would be invalid.
              b. Aliens are not deported for entering into invalid marriages, but they are not eligible to receive any spousal benefit. If they are removable on other grounds then there is nothing to prevent it.
              c. Although a marriage certificate is evidence of a valid marriage, by itself it is not proof. A final determination can be made through the clerk of courts.

              Comment


              • #8
                Hi old man,

                Thanks for your reply ... very informative ... I want to ask you one question though ... I m asking this question coz read it on other board ... that guy got married in new york ...that are married just for 2 weeks or so ...very short period ...now they want divorce and get married to other spouses .... I know it will take 1 yr separation for no fault divorce ... but is this 6 months waiting requirement before remarrying valid for New York State too? here there is no immigration issue involved ... just info about divorce and remarriage... Thank you ... Pasha

                Comment

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