1. Can an Undocumented Immigrant Legally Get Married in the U.S.?
Yes, undocumented immigrants can legally marry in the United States. U.S. marriage laws do not require proof of immigration status to issue a marriage license, meaning undocumented immigrants can marry U.S. citizens, lawful residents, or even other undocumented individuals. Marriage laws vary by state, so specific documentation may be needed based on local requirements.
2. Requirements for Undocumented Immigrants to Marry in the U.S.
Marriage requirements are typically set at the state level, and most states require the following:
- Government-Issued ID: This may include a foreign passport, consular ID, or other form of photo identification.
- Proof of Age: Applicants must be of legal age to marry, usually 18 or older, though some states allow minors to marry with parental consent.
- Marriage License: Both parties must apply for a marriage license from the county clerk’s office, which is valid for a limited time.
Since each state has its own regulations, checking with the local county clerk’s office can clarify specific ID and documentation requirements.
3. Is Immigration Status Checked When Applying for a Marriage License?
In most states, immigration status is not a factor in obtaining a marriage license. County clerks do not typically ask about or require proof of legal immigration status, so undocumented immigrants are usually able to apply for marriage licenses without issues. However, some states may require a Social Security number or ask why you don’t have one, in which case applicants can explain that they do not have a Social Security number.
4. Pathways to Legal Status After Marriage to a U.S. Citizen
Marriage to a U.S. citizen provides potential pathways for undocumented immigrants to gain legal status, though eligibility depends on the circumstances of entry and other factors. Some common options include:
- Adjustment of Status (AOS): If the immigrant entered the U.S. legally but is now undocumented (e.g., overstayed a visa), they may be eligible to adjust status and obtain a green card through marriage without leaving the U.S.
- Consular Processing and Waiver: For those who entered the U.S. illegally, consular processing may be required, where the applicant leaves the U.S. to apply for a green card at a U.S. embassy or consulate. In this case, a waiver of inadmissibility may be needed to return legally.
Both of these processes require detailed applications and legal knowledge, so consulting an immigration attorney is recommended for the best outcome.
5. Marriage Process and Application for Adjustment of Status
If eligible for Adjustment of Status (AOS), the undocumented spouse can apply for a green card while remaining in the U.S. This process involves:
- Filing Form I-130 (Petition for Alien Relative): The U.S. citizen spouse files this form to establish the marital relationship.
- Submitting Form I-485 (Application to Register Permanent Residence): This form is filed concurrently with Form I-130 if the spouse is already in the U.S.
- Attending Biometrics Appointment: The undocumented spouse will be scheduled for biometrics (fingerprinting) as part of the background check.
- Attending an Interview: Both spouses attend an interview to verify the authenticity of the marriage.
- Receiving the Green Card: Upon approval, the immigrant spouse will receive a green card and be granted lawful permanent residency.
This process allows eligible spouses to stay in the U.S. while their green card application is processed.
6. Challenges for Undocumented Immigrants Seeking Legal Status After Marriage
Undocumented immigrants may face challenges, especially if they entered the U.S. illegally:
- Unlawful Presence Bar: Those who have been unlawfully present for over 180 days may face a 3-year or 10-year bar on reentry if they leave the U.S.
- Inadmissibility Waivers: Applicants may need to apply for waivers of inadmissibility, such as Form I-601A (Provisional Unlawful Presence Waiver), to address unlawful presence issues before returning to the U.S. legally.
- Background Checks: Criminal records or previous immigration violations can complicate or delay the process.
Working with an experienced immigration attorney can help undocumented spouses navigate these challenges and improve the likelihood of success.
7. How Long Does the Marriage-Based Green Card Process Take for Undocumented Immigrants?
The timeline varies depending on individual circumstances, location, and processing backlogs:
- Adjustment of Status: This process typically takes 10–13 months if the immigrant entered legally.
- Consular Processing and Waiver: The process can take 12–24 months due to waiver applications and embassy processing times.
Understanding the timeline and requirements can help couples plan and prepare for the green card process.
8. Can Undocumented Spouses Work in the U.S. While Awaiting a Green Card?
Undocumented spouses who apply for Adjustment of Status can also apply for Employment Authorization Document (EAD) by filing Form I-765. This allows them to work legally in the U.S. while awaiting their green card. In contrast, those going through consular processing must wait until they receive their green card to work legally in the U.S.
9. Frequently Asked Questions (FAQs)
Q1: Can an undocumented immigrant legally marry a U.S. citizen?
A: Yes, undocumented immigrants can marry U.S. citizens legally in the U.S., as marriage laws do not require legal immigration status.
Q2: Will marrying a U.S. citizen automatically grant legal status?
A: No, marriage alone does not grant legal status. The undocumented spouse must apply for a green card through Adjustment of Status or consular processing.
Q3: Can an undocumented spouse remain in the U.S. while awaiting a green card?
A: Yes, if eligible for Adjustment of Status. However, if consular processing is needed, they may need to leave the U.S. to apply from abroad.
Q4: Is an attorney required for the marriage-based green card process?
A: While not required, an immigration attorney is highly recommended, especially for undocumented immigrants, to help navigate complexities.
Q5: Can undocumented immigrants apply for a work permit after marrying a U.S. citizen?
A: Yes, undocumented immigrants applying for Adjustment of Status can file for a work permit using Form I-765 while their green card application is pending.
Q6: What happens if the marriage-based green card application is denied?
A: If denied, the undocumented spouse may face removal proceedings, so it is essential to ensure the application is accurate and complete.