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What details are involved if a US citizen and illegal immigrant want to get married?

Elgin, IL |

About a year ago, I had learned through the Avvo lawyers that if an illegal immigrant tries to marry a US citizen, the illegal would be made to return back to his home country and not be allowed in the US for possibly ten years. How is it possible, then, for a couple (one being illegal and the other being a US citizen) to get a marriage license?

Attorney Answers 7


  1. You will need to check with the county where you want to get married on the procedures for a license. They will need to identify the foreign national so he or she may need to obtain a passport or matricular consular from their home country consulate.if they don't have other ID. In terms of the process for the FN to become a permaennt resident a lot more information is needed to counsel on this.

    --
    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration Law

    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108 | (619) 299-9600
    Fax: (619) 923-3277
    website: www.immigrateme.com

    Former Adjunct Professor -- Immigration law
    University of Illinois College of Law

    --
    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration Law

    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108 | (619) 299-9600
    Fax: (619) 923-3277
    website: www.immigrateme.com

    Former Adjunct Professor -- Immigration law
    University of Illinois College of Law


  2. No details, just desire to do so and taking steps toward it. The rest depends on the local procedures you will figure out by contacting a local marriage license bureau.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  3. Lawful immigration status is completely independent from "civil status" (married, single, divorced, etc.). Your marriage to a foreign national depends on local rules (usually at the County level), so if you go to the County Clerk's office, you can apply for a marriage license regardless of whether your intended spouse is here legally (he or she may need ID, but usually a consular ID or foreign passport works). I've included a link to the Kane County Clerk where you can find more information on marriage and marriage licenses.

    Once you are married, you may choose to apply for your spouse to obtain lawful immigration status based on the marriage - it is NOT an automatic process. It is in the course of that application that many people who are here illegally may need to complete the process abroad, and once they leave, they become subject to a penalty that could keep them out for 10 years. Once you get married, and if you decide to pursue lawful immigration status for your spouse, I would strongly recommend that you meet with an attorney directly to learn more about the process and what your spouse would need to do. Good luck!

    www.thomannlaw.com - 312.750.1368 - The information above is general in nature and is not intended to create an attorney-client relationship between us. It is intended simply as background material, is current only as of its indicated date, and may not include important details and special rules that could be applicable to your case. You should consult an attorney directly before acting or refraining from action.


  4. You do not have to go back to your county. If you are married to the USA citizen, your spouse can petition for you.
    Please note though, that if you came into the county uninspected, then things may change.


  5. They simply apply for the marriage license. Generally getting married will not cause the government to find and deport them. Only if they wish to immigrate, they may need to leave the U.S. to get a visa.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  6. The ability to get married does not depend on immigration status.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  7. You can get married the same way US citizens do. You don't need legal status for that. As for the immigration issue, there is a way to waive the 10 year ban if you are eligible. You should contact an attorney to find out specifics of his chances in your case.

    Dhenu Savla, Esq.
    SwagatUSA, LLC
    www.swagatusa.com/attorney

    This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.

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