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How to get married to a detainee?

Denver, CO |

My boyfriend has an immigration hold. And has recently been transferred to an ICE detation facility (Denver Field Office, Denver Contract Detention Facility). We had been looking to get married. And would like to get married now! Before his deportation procedure continues. Can we get married and how?

Attorney Answers 3

Posted

Its a little tricky but possible. You would have to get permission from his deportation officer at ICE-Detention and Removal at the Denver District Office on Paris street I recall unless they moved. I haven't been there in several years. Then, you would have to write to the warden of the Denver Contract Detention Facility which will usually defer to ICE. So, then you would have to find an official who would be willing to perform the services at the Denver Contract Detention Facility. I would start with the warden and write him/her or visit the facility and ask for the policy/procedure and than follow that. Since he is already in deportation proceedings, you have a higher burden in proving that the marriage is legitimate and not intended to prevent his deportation.

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Igor Serbinin

Igor Serbinin

Posted

they are all at Centennial now...

Posted

Were you living together in Colorado at the time of his detention? And did you already consider yourselves husband and wife, and holding yourself out to the public as man and wife? If so, you may already be in a legally valid common law marriage in the state of Colorado, which will be recognized by the federal government for immigration purposes.

If not, then you should be able to arrange things at GEO for a marriage while in detention. This is assuming that your boyfriend is in removal proceedings. If he already has a removal order, and then came back to the U.S., then ICE will simply reinstate that old removal order without giving your boyfriend a second chance to see an immigration judge--and that process moves so quickly that you probably wouldn't be able to arrange a marriage in time.

If you don't mind me asking--is your intent to get married related to a possible defense to his removal?

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Asker

Posted

We were not living together. We do not have children. We have been dating for 8 months and were looking to get married in May 2014. We were starting to plan the wedding. But have now put a rush on it.

Mark Robert Barr

Mark Robert Barr

Posted

How and when did your boyfriend first enter the country? After he entered, did he ever leave? If so, how and when did he come back? Were either of you married before? What is his criminal history?

Asker

Posted

He had been here a few times before but had always left on time. The last time he came into the country

Asker

Posted

Was in June 2011; I am unsure when his permit expired, or what tje terms of it were... Neither of us has ever been married and we do not have kids. He has no criminal record, nor do I.

Mark Robert Barr

Mark Robert Barr

Posted

Wait, I though you said he had an "immigration hold." This usually means that someone had some contact with the criminal justice system, and as a result of that interaction ICE becomes aware of the individual and asks the state agency to "hold" the individual once the criminal case is done so that the person can be transferred to immigration detention. So, please describe exactly how your boyfriend landed in immigration detention. If there truly are no criminal issues, and no prior removals, then he will most likely be able to bond out, and his removal proceedings will be continued downtown. Once he his bonded out, you can arrange your marriage, and, if other factors are met, your boyfriend/husband may be able to obtain his residency on the basis of that marriage. I'm inching closer to getting an understanding of your boyfriend's case, but this internet back-and-forth on a public forum isn't really the best way to go about this. You're really going to want to meet with a good immigration attorney near you and discuss the case in some depth. It's sounding like you probably have a few attractive options, but you need and deserve an in-depth analysis. There are many good immigration attorneys working in or near Denver that I'm sure would be glad to set up a consultation with you and/or your boyfriend. Really hope everything works out for you both.

Posted

Yes, it's possible, but if getting married is related to trying to stop the deportation, you may have issues with timing, as well as proving that yours is a real marriage. Get an experienced deportation defense attorney involved so you can have a realistic idea of what's possible.

This answer provides only general information and may not be relied on as legal advice. For more information about immigration law and policy, please visit www.lichterimmigration.com or follow us on twitter (@lauralichter) or facebook, www.facebook/lichterimmigration. To find an immigration lawyer in your area, log on to www.ailalawyer.com. Listed attorneys have been members of the American Immigration Lawyers Association, the nation's premier bar association for immigration lawyers, for at least two years, comply with annual continuing legal education (CLE) requirements and carry malpractice insurance.

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Carl Michael Shusterman

Carl Michael Shusterman

Posted

Excellent answer!

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