Is it possible for a US citizen to marry someone with a visa that has expired in the US?

Yes, she is elgible to apply for permanent residence in the United States. The process is relatively straight forward. We would need copies of your birth certificates (both of you, with translation), marriage certificate, any prior divorce decrees or spousal death certificate, and the U.S. Citizen spouse's last year's individual or joint tax returns.

I also attach a list of documents that you will need to accumulate prior to the interview http://www.immigration.net/file/marriage_docs.doc, but which we do NOT need right now.

The foreign national spouse will need to complete an Immigration Medical Exam at one of the Physicians on this list: https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV The physician will complete a Form I-693 and provide it back to you in a SEALED envelope. Do NOT open the envelope prior to providing it to immigration.

Before going to the Doctor, the foreign national spouse will also need to schedule an appointment with a physician at your local health department who is authorized to administer vaccinations required by the 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) which went into effect on May 1, 1997, imposing vaccination requirements on all immigrants and persons seeking adjustment of status. The vaccinations include Mumps, Measles, Rubella, Polio, Tetanus and Diphtheria Toxoids, Pertussis, Influenza Type B (HIB), Hepatitis B, Varicella, Pneumococcal, and Influenza. However, Congress has also amended the Act to allow a foreign national to apply for a waiver if: (1) the foreign national receives the vaccines that were initially missing; (2) the vaccine(s) would not be medically appropriate; or (3) compliance with the vaccination requirement would be contrary to the alien's religious beliefs or moral convictions. Prior to the appointment, we suggesting obtaining from the regular health care provider copies of prior immunization records, if any.

We will also need 8 passport photos of the foreign national spouse and 2 passport photos of U.S. citizen spouse.
We also offer electronic processing of cases, such that we give you password access to a portion of our website, and you complete the questionnaire online. If you would prefer this method, please let me know.
We would love to work with you. Please let me know if you have any questions.
Regards,
Charles

Charles H. Kuck
Managing Partner
Kuck Immigration Partners LLC--The Immigration Law Firm
8010 Roswell Road, Suite 300
Atlanta, GA 30350
www.immigration.net
ckuck@immigration.net
Phone: 404/816-8611
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