Can I marry an undocumented?

Asked over 1 year ago - Los Angeles, CA

I was born in the USA. I have a fiance Without any legal papers but she was brought to the USA when she was months old. She doesn't have an id but she graduated from high school here. Mexican consulate won't issue her anything because of a name mix up. She does have her birth certificate though. Can she get an id from dmv through her school since she's still enrolled or through birth certificate? She needs an id to marry me in Las Vegas. Thank you much

Attorney answers (4)

  1. Alexander Joseph Segal

    Contributor Level 20

    6

    Lawyers agree

    Answered . You are allowed to marry an undocumented person in the United States so long as you are both eligible to marry in the state where you intend to marry. Your fiance will likely have difficulty obtaining a license or other identification from the DMV, but you would need to check the specific requirements on the DMV's website or by contacting them directly.

    That being said, you wife may be eligible for the Obama Administration's deferred action program. If she meets the criteria not only can she obtain a two year deferral of removal, but she can also request an employment authorization card. This would give her government-issued identification.

    After your married, your wife may be eligible to adjust her status to a lawful permanent resident. However, it is unclear from the information you provided if she would be. You should contact an experienced immigration attorney to establish her eligibility to seek permanent residence in the United States.

  2. Sanjay Augustine Paul

    Contributor Level 10
    Best Answer
    chosen by asker

    Answered . There are two things your wife should resolve asap in my opinion:
    1) Identification from Mexican consulate: She should request an appointment with the Mexican consulate in LA and be persistent about explaining her situation to obtain a Mexican Passport and/or Matricula Consular. I've had clients who had a lack of documentation and the consulate was hesitant to issue them a passport, but through in-person meetings and persistence they were able to obtain one.
    2) Speak to a lawyer about the Deferred Action for Childhood Arrivals program. Your wife may be able to obtain protection from deportation and obtain a driver's license, social security card and work-permit in the U.S.

    Best of luck,

    Sanjay Paul, Esq.
    (888) 373-2602
    www.DreamLawCA.com

    This is not legal advice. No attorney client relationship exists between us.
  3. Samuel Patrick Ouya Maina

    Contributor Level 19

    Answered . You can marry so long as you are both free to marry (not married to someone else) and are of legal age to marry. You should consult with an attorney because your wife may be eligible for DACA. If so, that will provide her with work authorization (an ID in itself), which will also allow her to obtain a State ID. When you consult with the attorney you can also discuss petitioning for your wife to become a lawful permanent resident.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
  4. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . In this country you can marry anybody you choose. That is separate and apart from immigration benefits or relief.

    As a United States citizen, You can apply for visa for your alien spouse (i-130). In order to adjust status she would have to file Form I-485.

    Depending on her status upon arrival, she may have to adjust status at the consulate in country of her origin.

    Do consult an experience immigration attorney for guidance in this matter.

    Congratulations and watch out for those "one armed bandits" in Vegas.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.... more

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