Can Undocumented Immigrants Get Married in the USA?

Marriage laws in the United States generally focus on eligibility requirements set by states rather than immigration status. As a result, undocumented immigrants are typically allowed to marry under U.S. law if they meet the legal requirements established by the state or county issuing the marriage license.

However, while marriage in the United States is generally permitted regardless of immigration status, marriage alone does not automatically provide immigration status or legal residency. The relationship between marriage and marriage-based immigration involves additional legal processes and requirements.

Legal ability to marry in the United States

In general, individuals in the United States have the legal right to marry regardless of immigration status.

Key points include:

• U.S. law does not prohibit marriage based on immigration status.
• Undocumented immigrants are generally allowed to marry in the United States if they meet state requirements.
• Marriage laws are primarily governed by state and local authorities, not federal immigration law.

This means that immigration status alone typically does not prevent someone from legally entering into a marriage.

Immigration status and marriage laws

State authority over marriage licenses

Marriage licenses in the United States are issued by county offices within each state. Because marriage is regulated at the state level, specific requirements may vary depending on the location.

Common state-level requirements may include:

• Minimum age requirements (typically 18 years old)
• Restrictions on marriages between close blood relatives
• Application and documentation requirements set by the county

Identification and documentation requirements

Most counties require some form of identification to issue a marriage license. Commonly accepted forms of identification include:

• U.S. driver’s license
• State identification card
• Passport

If an applicant does not have a Social Security number, they may be required to sign a sworn statement confirming this on the marriage license application.

Additional documentation may also be required in some cases, such as:

• Proof of a valid divorce if one or both applicants were previously married

Marriage and potential immigration benefits

Marriage to a U.S. citizen can sometimes create a pathway to apply for immigration benefits through marriage-based immigration.

Immediate relative category

An undocumented immigrant who marries a U.S. citizen may become eligible to apply for immigration benefits as an immediate relative. This category allows certain family members of U.S. citizens to apply for permanent residence.

However, it is important to understand that:

• Marriage does not automatically grant legal status
• Marriage alone does not provide protection from deportation
• A green card must still be obtained through the appropriate immigration process

Conditional permanent residence

If a marriage-based green card is approved within the first two years of marriage, the immigrant spouse typically receives conditional permanent residence, which is valid for two years.

After this period, the couple may apply to remove the conditions and obtain a 10-year permanent resident card.

Limitations and legal considerations

While marriage may provide a possible pathway toward immigration benefits, several legal factors can affect eligibility.

Lawful entry and adjustment of status

In many cases, a person seeking a green card through marriage must have been inspected and admitted or paroled into the United States by an immigration officer. This is commonly referred to as lawful entry.

Entry without inspection

Individuals who entered the United States without inspection (EWI) are generally not able to complete the green card process from inside the country.

Visa overstays

In some situations, a person who entered the United States lawfully but overstayed a visa may still be able to apply for a green card from within the United States if married to a U.S. citizen.

Visa fraud concerns

Using a temporary visa, such as a tourist visa, with a pre-planned intent to marry and obtain a green card may be considered visa fraud and could lead to a denial of immigration benefits.

Important misunderstandings about marriage and immigration status

Several common misunderstandings exist regarding marriage and immigration status in the United States.

Marriage does not automatically change immigration status

Getting married in the United States does not automatically provide lawful immigration status or a green card.

Additional immigration applications and eligibility requirements must still be satisfied.

Re-entry bars for unlawful presence

Individuals who leave the United States after living in the country without legal status may face re-entry restrictions:

• 3-year bar: If unlawful presence was between 180 and 365 days
• 10-year bar: If unlawful presence exceeded one year

These bars can affect individuals who must attend immigration interviews outside the United States.

Waivers for unlawful presence

In certain situations, individuals may apply for an I-601A provisional waiver, which requests forgiveness for unlawful presence before leaving the country for consular processing. Approval generally requires demonstrating extreme hardship to a qualifying U.S. citizen or permanent resident relative.

DACA limitations

Deferred Action for Childhood Arrivals (DACA) is considered deferred action, not lawful immigration status or lawful admission. As a result, DACA generally does not correct a previous unlawful entry for the purpose of applying for a marriage-based green card.

Other grounds of inadmissibility

Green card applications may also be denied based on additional factors, including:

• Certain criminal records
• Communicable diseases
• Determinations that the applicant may require need-based public assistance

Information sharing risks

Filing immigration petitions such as Form I-130 requires providing biographical information and current addresses. In some situations, this has historically led to immigration enforcement actions.

Immigration rules vary by individual circumstances

Immigration outcomes often depend on individual factors, including the applicant’s immigration history, method of entry, and eligibility for waivers or other relief.

Because immigration laws and procedures can involve multiple steps and requirements, the effects of marriage in the United States on immigration status may vary significantly from one situation to another.

Key takeaways

• Yes, undocumented immigrants generally have the legal right to marry in the United States.
• Marriage laws are primarily regulated by state and county governments, not federal immigration law.
• A valid marriage can sometimes create a pathway for marriage-based immigration, but it does not automatically grant legal status.
• Eligibility for a marriage-based green card may depend on factors such as lawful entry, immigration history, and visa availability.
• Individuals who entered the United States without inspection may face additional legal obstacles.
• Leaving the United States after unlawful presence can trigger 3-year or 10-year re-entry bars.

Final thoughts

Marriage in the United States is generally permitted regardless of immigration status. However, the relationship between marriage and immigration benefits involves several legal requirements and potential limitations. Understanding these distinctions can help clarify how marriage may or may not affect immigration status.

Individuals seeking clarification about marriage and immigration status may consult a qualified immigration law firm such as AB Legal Consult for further information regarding their circumstances.

Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Immigration laws and procedures may change, and individual circumstances may affect eligibility or outcomes. Individuals seeking legal guidance should consult a qualified immigration professional.