Whether or not it is enough to get married in Tennessee is a question for a Tennessee lawyer. As of August 1 the FB-2a category will be current but the FB-2a cateogry requires the maintenance of status to adjust status in the U.S.and not just a legal entry so it is unlikely any immigration benefits will accrue from the marriage unless he is able to go home, qualify for a waiver and return. I strongly suggest you consult with an immigration lawyer to review his immigration history to advise on his options.
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
Former Adjunct Professor -- Immigration law
University of Illinois College of Law
There should be no significant obstacle to your ability to marry in Tennessee under the scenario you describe. His potential adjustment of status to lawful permanent resident (LPR), however, is a more complicated matter for which you should seek professional advice from an experienced immigration attorney.
Response to this question does NOT establish an attorney-client relationship with the person requesting such information.
You should be able to get married but getting him status is a tricky legal matter. He will have to return o his home country to consular process. When are you eligible to become a US citizen? Because there might be greater benefits if you become a US citizen & then petition for him. Call or email if you need to discuss more.
You should have no problem getting married in Tennessee. Tennessee courts have previously said that undocumented immigrants have the right to marry in our state. Hope this was helpful!
Congratulations! As a citizen, you have the right to marry whomever you like. With the identification you listed, you should not have a problem obtaining the necessary license in Tennessee. However, you should consider contacting an immigration attorney in order to learn how to protect your family by seeking a valid immigration status for your fiancee. As the spouse of a citizen, he or she may have the ability to obtain permanent residence.