Lexington, SC asked in Immigration Law and Probate for South Carolina

Q: Where can an undocumented couple get a marriage license?

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2 Lawyer Answers

A: Different states have different rules on who qualifies for a marriage license. As regards to foreign nationals, some states require an unexpired passport while others will accept an expired one. This distinction can even be seen in different counties in the same state. Nevada for example is very lax on who can qualify to get a marriage license. So call around.

James L. Arrasmith
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Answered

A: Marriage licenses in South Carolina are typically issued by county probate courts. To obtain a license, both parties usually need to appear in person and provide valid identification and other required documents. The specific requirements can vary by county.

For individuals without legal immigration status, obtaining a marriage license may present challenges. Some options they may want to explore include:

1. Consulting with an immigration attorney to understand their specific situation and options.

2. Researching if their home country's consulate can perform or recognize marriages.

3. Checking if any nearby states have different requirements that may be more feasible for their circumstances.

4. Looking into whether religious or cultural ceremonies, while not legally binding, could be meaningful alternatives.

The couple should be aware that attempting to obtain a license through deception could have serious legal consequences. Getting professional legal advice is highly recommended to understand the proper and legal ways to proceed given their particular situation.

Would you like me to provide any additional general information about marriage licenses or immigration law resources in South Carolina?

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