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  1. #1

    Question Marrying a tourist visa overstay

    My fiance came into the U.S. on a tourist visa for 90 days but overstayed now for 4 years. We have been living together for 3 years and want to get married, but to apply for a marriage license, the clerk told me he has to show his passport for identification. She also asks for Social Security numbers for both of us, but since he does not have one, she has to notate on the application that he is on a visa (I didn't tell her it had expired 4 years ago). My concern is that his passport has the I-94w card attached to it and the entry date that says 90 days stamped on it. Does the municipal clerk have the right to report his illegal status? Does she need the Visa information or does she just need to look at the picture and name for proof of identification? I'm just afraid he'll get deported just for applying for a marriage license.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Marrying a tourist visa overstay

    You don't give any information about where this is occurring, so there's no way for anybody here to verify ID requirements for a marriage license. But it's reasonable to infer that this is an ID requirement, not a visa verification requirement.

    If the clerk finds out that his visa is expired, there is no reason I know of why she couldn't report that to the USCIS or ICE.

  3. #3

    Default Re: Marrying a tourist visa overstay

    This is in NJ.

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