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  1. #1
    Join Date
    Aug 2005
    Location
    Hampton Roads VA
    Posts
    1

    Default Fiancée's Foreign Passport Expired

    Well my situation is this: I am engaged to a woman from Panama. She has been in the US appox. 3 years and has a visa that does not expire until 2012. Unfortunately her Passport has expired. Is she considered being here ilegally now? What procedures do I have to go through now to marry her. Will she need to apply for a green card through marraige? Thanks in advance.

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

    Default Re: Stumped

    Quote Quoting sphynx77
    Unfortunately her Passport has expired. Is she considered being here ilegally now?
    Her Panamanian passport? Her permission to be in the country comes from her U.S. visa, not her foreign passport, although it makes sense for her to renew her passport such that she has current evidence of her identity. She can check with the USCIS about any requirement to have her visa updated such that it is reflected in her renewed passport.

    Quote Quoting sphynx77
    What procedures do I have to go through now to marry her.
    You would take the normal steps - get a marriage license, get married before somebody authorized to officiate over a marriage, register the license....

    Quote Quoting sphynx77
    Will she need to apply for a green card through marraige?
    Once married, if she wanted a green card, it would make sense to apply to adjust her status. You would file an I-130 petition for Alien Relative, and I-485 application for permanent residence. Your fiance should obey all U.S. laws, including immigration laws, during the time the applications are pending.

  3. #3
    Join Date
    Aug 2005
    Location
    NY
    Posts
    163

    Default

    Sir,

    It seems that your fiancee is out of status - I-94 card controls her authorized stay in the U.S., not the validity of her passport or even validity of her U.S. visa.

    However, if she marries a U.S. citizen, she will be eligible to adjust her status and obtain a Green Card.

    This reply is in the nature of general information, not legal advice and should not be relied on as such.

    Alex Berd, Esq.

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