Legal Question in Immigration Law in New Jersey
Marriage Towards Permanent Residencey
I want to marry a German national
who has overstayed her tourist visa
some 10 years ago (when we first
met). We've been together now of
many years and I'm on my way to
becoming a citizen myself.
The issue is that we don't know
how we can get married. She has a
passport but it has long since
expired and she cannot renew it
without proof of legal residency
(which she doesn't have since she
overstayed her visa). Where can we
get married? She has access to a
birth certificate from Germany, and
she has her expired passport, but
no other form of identification.
We've come so close now and it
would be terrible if this is what
keeps us from getting this issue
settled.
2 Answers from Attorneys
Re: Marriage Towards Permanent Residencey
I would need more information regarding your particular case before I can comment on it properly.
However, you state that your fiancee �cannot renew her passport because she does not have legal residency�. Is the requirement that of the German government?
Does your fiancee live in NY or NJ?
I take it that your fiancee has a European passport?
She can use her birth certificate, but because her passport has expired it is no longer a valid document as proof of identification.
Does your fiancee have a New Jersey driver�s license?
I do not know in which County you live ,but you can go to your local library to find out what documentation your fiancee will need.
Re: Marriage Towards Permanent Residencey
Your spouse should be able to obtain a marriage license in NJ with a birth certificate and her expired passport. Since she entered the US legally, she is eligible for permanent residence on the basis of an immediate relative petition. Once you obtain US citizenship, you may file a petition on her behalf.
The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.
Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone or in-person consultation.
Anthony F. Siliato, Esq.
MEYNER AND LANDIS LLP
One Gateway Center
Newark, New Jersey 07102
www.meyner.com
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