QUESTION
What is the best way to marry an unlawful non US citizen?
Asked on Apr 03rd, 2013 on Immigration - California
More details to this question:
My fiance and I are looking to get married and officially tie the knot after being engaged for 2 years. The issue is his B1/B2 Visa expired recently, and we're not sure how difficult it will be at this point to actually retrieve a marriage license in the state of Arizona. We're timid. He's here illegally, and I don't want to risk something happening if a court official suspects he's not here legally. What can I do? What should I do? This state is strict. It's zero tolerance.
6 ANSWERS
Getting married should not be an issue as long as he has some type of valid ID like passport. Then you can file for his green card on the basis of marriage to a US citizen, provided he entered the US lawfully and can prove that lawful entry.
Answered on Apr 10th, 2013 at 1:55 PM
Adebola O. Asekun
Issues of marriage and family are matters delegated to the several states and each state including Arizona may set the standards and procedures for obtaining marriage licenses. I practice in New York, a state that has no such restrictions. I am unaware of Arizona marriage license rules, but if that state indeed requires proof of immigration status as a condition for obtaining marriage license in Arizona, I am afraid its decision will be valid as a matter of law. However, even if you live in Arizona and will file your green card in that state,.you do not have to get married in Arizona. and I am certain other states like New York do not have such restrictions. You should consider marrying your fiance in another state.
Answered on Apr 04th, 2013 at 8:52 PM
Immigration Attorney serving Van Nuys, CA
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Law Offices of Hussain & Gutierrez
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If you are not comfortable to marry in Arizona, you should go to Vegas or California. She can show her passport as ID you can get married.
Answered on Apr 04th, 2013 at 2:36 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Even if his authorized stay in the US as a visitor has already expired, he can still apply for adjustment of status after he marries a US citizen. If you are concerned that Arizona may report him to ICE, have you thought about getting married in another state, such as Nevada or New Mexico?
Answered on Apr 04th, 2013 at 12:59 AM
You should both talk with an Immigration Attorney about the details of your case. The Attorney can advise about your chance of success and any potential problems you could face in the process.
Answered on Apr 04th, 2013 at 12:50 AM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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You can marry and apply for the green card. He should be fine as long as he entered with a visa (even if he overstayed). The entire process should take between 3 and 6 months from start to finish.
Answered on Apr 04th, 2013 at 12:39 AM