Can I Marry My Boyfriend Who Entered the US Illegally?

When you ask if you can marry your boyfriend who entered the US illegally, the answer is that you can get married as long as you meet the basic conditions required for marriage. However, this does not automatically solve the legal issues surrounding your boyfriend's immigration status. This article will explore the nuances of marriage eligibility without considering the consequences of illegal entry, and will guide you on what to consider.

Basic Eligibility for Marriage

The marriage license does not ask about immigration status. However, both spouses must present identification, typically a birth certificate or a government-issued ID such as a driver's license. In most counties, the process is straightforward: you can get the marriage license from your county and have your marriage officiated. It is important to understand that the marriage license does not automatically confer any special rights or status on either party based on their immigration status.

Getting the Marriage License

One can secure a marriage license in their county without in-person attendance, especially during the pandemic. For instance, you can obtain a marriage license online in some states and complete the process remotely. Regardless of the method, the county issuer of marriage licenses may ask for a birth certificate but will have no reason to verify immigration status or ask for a visa or proof of citizenship.

Legal Considerations Post-Marriage

Even after getting married, your boyfriend's illegal entry remains a concern. The consequences may include deportation or ineligibility for legal residency. Without proper documentation, obtaining a green card (referred to as a 'permanent resident visa') will be challenging. Here are some key points to consider:

Deportation: If your boyfriend's illegal entry is discovered post-marriage, they may face deportation, even if you are married to them. This can lead to legal complications and can impact your relationship and life in the US. Green Card Requirements: To apply for a green card, your boyfriend must complete extensive paperwork and demonstrate that you are a legal resident with a valid marriage certificate. Additionally, proof of a genuine marriage relationship may be required. Asylum and Refugee Status: If your boyfriend has a valid asylum or refugee status, the process may be different. However, nothing in the question suggests that your boyfriend applied for these statuses. Criminal Records: If there are any criminal records in the US or elsewhere, this could further complicate the situation, as criminal convictions may affect eligibility for legal residency.

Conclusion: When to Seek Legal Advice

While you can legally get married to your boyfriend regardless of his immigration status, it is crucial to seek legal advice from a qualified immigration lawyer. An attorney can provide personalized guidance based on your individual circumstances and help navigate the complex immigration laws and procedures.

Getting married in the US is a significant step, especially if one of the partners has an illegal immigration status. Understanding the consequences and ensuring a legal path forward is essential for your relationship and for your future in the US.

For more information, consider consulting a lawyer, as their expertise can offer the clarity and support you need to make informed decisions.