How do I marry an illegal alien? 17 Answers as of December 07, 2011

If I fell in love with someone who crossed the border illegally, what are the proper steps to formally marry her?

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Law Offices of Kiran Nair
Law Offices of Kiran Nair | Kiran K. Nair
You may marry anyone anywhere provided the place permits marriage. After marriage, you may petition for her but should consult an attorney if she is illegal or entered the US without inspection or authorization. Good luck.
Answer Applies to: California
Replied: 12/7/2011
Fong & Associates
Fong & Associates | William D. Fong
No different than anyone else. You need to get a marriage license and then you can get married.
Answer Applies to: Texas
Replied: 12/7/2011
Wildes & Weinberg, P.C. | Leon Wildes
If you are free to marry, you apply for a Marriage License at the Marriage License Bureau. It might be a good idea to consult wirth ans Immigration Lawyer first, as she may not be able to apply for US permanent residence( green card) based on the marriage.
Answer Applies to: New York
Replied: 12/6/2011
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
Marrying her is really only the first step in an otherwise long haul. Getting married may be possible and may even be easy but getting her legal status, if she entered the country unlawfully may be all but impossible under the current immigration laws. The law states that if one entered the US unlawfully, there is no possibility for that person to legalize his/her status within the US. She would need to go back to her home country to consular process for her visa but as soon as she departs the US, she would automatically trigger a 10 year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen spouse, which is fairly difficult to do in most cases
Answer Applies to: California
Replied: 12/6/2011
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
There is no bar to you marrying someone illegally present in the United States so long as she has the appropriate documentation to get married pursuant to the requirements of the state you live in and/or wish to get married in. The issue becomes obtaining lawful status for her. As she crossed the border illegally, she would not be eligible to obtain lawful permanent residence in the United States. She would have to leave the country and return to her native country for processing of an immigrant visa. This raises other issues as she will trigger a bar to entry, which can be waived if you demonstrate extreme hardship to you if she is not allowed to re-enter within 3 or 10 years (depending upon which bar is triggered). Some people are eligible for benefits under INA 245(i) and cancellation of removal, but we would need more information to assess her eligibility. This is a complex matter and you should speak to an immigration attorney in more detail about the case before filing any paperwork with USCIS
Answer Applies to: New York
Replied: 12/6/2011
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    Get a waiver first then file for adjustment of status to apply for a green card for her.
    Answer Applies to: Florida
    Replied: 12/6/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    The "steps" would be the same as you would follow in marrying a person who had entered the U.S. with inspection, i.e., legally.
    Answer Applies to: Virginia
    Replied: 12/6/2011
    The Jarrett Firm, LLC
    The Jarrett Firm, LLC | Patrick Jarrett
    You have to follow the rules of the state you get married in. In Georgia you have meet the requirements of obtaining a marriage license. Your girlfriend will need to provide her birth certificate. You should discuss with an immigration attorney her case though to determine if she is entitled to any relief. Just marrying her will not provide her with any immigration status. An immigration attorney can help you determine what your options are. Congratulations and best wishes.
    Answer Applies to: Georgia
    Replied: 12/6/2011
    Feldman Feldman & Associates, PC
    Feldman Feldman & Associates, PC | Lynne Feldman
    The steps for getting married vary from state to state so check with the clerk for what is required. With regard to getting immigration benefits for the "illegal alien" I would suggest a consultation with an experienced immigration attorney as there are lots of questions which will need to be asked to determine the proper procedures.
    Answer Applies to: California
    Replied: 12/6/2011
    Law Office of Christine Troy
    Law Office of Christine Troy | Christine Troy
    The same as you would take for anyone else. Whether or not you can sponsor her for a green card and as importantly how (in the US or outside), are great questions. Please have a consult with a competent immigration attorney in your jurisdiction to fully evaluate her case including 245i eligibility and the extreme hardship waiver if needed.
    Answer Applies to: California
    Replied: 12/6/2011
    Cardenas Law Firm
    Cardenas Law Firm | Abraham Cardenas
    Hello, You marry her the way most folks get married. Go to your local court house and get a marriage license. Then get married. Just because she is in the U.S. without papers doesnt mean she cannot get married in a normal way. There is no special procedure you need to follow. I wish you both the very best.
    Answer Applies to: Florida
    Replied: 12/6/2011
    Eric M. Mark, Attorney at Law
    Eric M. Mark, Attorney at Law | Eric Mark
    Marrying her is easy. You can find instructions on NJ state website. Basically, both of you go to city hall with ID and two witnesses and you get a license. Wait 48 hours and you can marry. The hard part is getting her legal status. For that, call a lawyer.
    Answer Applies to: New Jersey
    Replied: 12/6/2011
    Adam B. King, Attorney at Law PC
    Adam B. King, Attorney at Law PC | Adam Bruno King
    1. Hire an experienced immigration lawyer who is a member of the American Immigration Lawyers Association [ ] 2. Marry 3. File I-130/I-485 and associated forms/documentation 4. File I-601 Waiver. The standard for the waiver is quite difficult.
    Answer Applies to: Idaho
    Replied: 12/6/2011
    The Law Office Kevin L. Dixler
    The Law Office Kevin L. Dixler | Kevin Lawrence Dixler
    You go to a clerk in your county and present proof of identity. There are no proper steps to marry. However, there are proper steps to pursue her lawful permanent resident. As a matter of law, she may not be able to process in the U.S. If she leaves the U.S., she may not be able to lawfully return for three to ten years. You may find yourself wanting to leave the U.S. to be with her. I strongly recommend an appointment with a competent and experienced immigration attorney. An attorney who will take the time to carefully review the facts and decide whether she can become lawful to avoid the possibility of deportation.
    Answer Applies to: Illinois
    Replied: 12/6/2011
    Baughman & Wang
    Baughman & Wang | Justin X. Wang
    Marrying him is easy. Just go to the county where you live to register. He needs proper ID to show his identification. No immigration status is required for marriage. The hard part is how togethim legal status to live in the US, even if he marries a US citizen.
    Answer Applies to: California
    Replied: 12/6/2011
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