Can I get a marriage license with an expired visa waiver? 6 Answers as of February 28, 2014

I came to the United States with a visa waiver last April. It expired in July. Now, my fiance and I are planning to get married. Can I get a marriage license and get married with the visa waiver that is expired? I called our local courthouse and the lady told me that to get a marriage license, I just need to bring my passport but she also mentioned that I need to have visa or whatever that allows me to stay in the United States because they need a copy of that. Does that mean that we can't get a marriage license because of my expired visa waiver?

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
You should be able to get a marriage license without any issues.
Answer Applies to: California
Replied: 2/28/2014
Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
Marriage is a matter of state law, not federal immigration law. You will need some identification to prove that you are of age to marry in your state. I have never seen the requirement of proving your right to be in the United States in order to get married here. Even tourists can get married here if they want. Perhaps the lady at the courthouse is overreaching. I would be curious why she needs a copy of your visa or visa waiver. That is a USCIS-issued document, not supposed to be used for purpose except proving authorization to be employed. In any case, most states now have marriage license application forms online, so you can look for yourself what is required.
Answer Applies to: Washington
Replied: 2/27/2014
Richard S. Kolomejec, Attorney at Law
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
You can get married even though you are here illegally. You can also apply for your green card once you are married. There is no penalty for the overstay. The entire process takes 3 months from start to finish if done correctly.
Answer Applies to: California
Replied: 2/27/2014
Alena Shautsova
Alena Shautsova | Alena Shautsova
Yes , you may get married. To stay in the US: you will need to file some paperwork for adjustment of status.
Answer Applies to: New York
Replied: 2/27/2014
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
The answer depends upon the state where you want to marry, but in general aliens may marry regardless of immigration status. In New York, you simply need a valid passport. You do not need to show you're in a valid non-immigrant status.
Answer Applies to: New York
Replied: 2/26/2014
    Law Offices of Linda Rose Fessler | Linda Fessler
    You cannot. First, you must leave the country and once you have left you can apply for a fiance visa. Once you get that you can come back into the country and get married. Then you can get your conditional green card. If you happen to stay married for two years, then you can both petition to have the condition removed. But you must leave immediately. You are jeopardizing everything by violating the law.
    Answer Applies to: California
    Replied: 2/26/2014
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