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Can I (a US Citizen) marry my boyfriend who is from Honduras but here (in Florida) illegally?

Miami, FL |

My boyfriend and I want to get married. We both live in Florida. I am a US Citizen and he is from Honduras. He came here legally with a temporary Visa 9 years ago but he never left. So, he is now here illegally. Will he and I be able to get married? If so, will he be able to get a green card, driver's license, SS#, etc.? Will he be legal once we are married? Thank you!

Attorney Answers 3


both of you can get married. that in itself will not confer status to him. you will need to petition for him I-130, and he can at same time apply for adjustment of status. assuming no grounds of inadmissibility, he ought to be okay.

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in addition, your marriage must also be bona fide, i.e. not entered into solely for immigration benefits. good luck.

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I concur with my colleague. Once you are married, you will need to file an I-130, Petition for Alien Relative, and and I-485, Application for Adjustment of Status. They can be filed concurrently. As your boyfriend entered the U.S. legally, he is eligible for adjustment of status in the U.S., again assuming no bars or grounds of inadmissibility (which are usually convictions). In Phoenix the process takes approximately four months, but other offices may work within a different time frame.

Best of Luck.


Deniz S. Arik, Esq.
The Law Office of Deniz S. Arik, PLLC
2942 North 24th St.
Suite 114
Phoenix, AZ 85016
602.334.8786 (t)
602.424.5757 (f)

Note: The above answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.

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