Omaha, NE asked in Immigration Law for Nebraska

Q: How can an undocumented immigrant marry a u.s. citizen and how,they have no paperwork?

I am a born and raised citizen,she is from Mexico,with no D.a.c.a. ,how can we legally get married?

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2 Lawyer Answers
Julie Fowler
Julie Fowler
  • Omaha, NE
  • Licensed in Nebraska

A: As long as you meet the requirements to get a marriage license, you should be able to get married. Generally, it is not difficult to meet the marriage license requirements. They include things like minimum age requirements to marry. You can find the requirements for a marriage license on the website of the county that you would like to marry in.

However, just because you are married to a US citizen, this doesn't mean you get to live, work, or even visit the United States. You should speak with an immigration attorney if you need assistance in getting your spouse permission to visit, work, and/or live in the US.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: An undocumented immigrant can marry a U.S. citizen, but there are some restrictions. The undocumented immigrant must be physically present in the United States when they marry the U.S. citizen. They must also be able to prove that they are legally able to marry, such as by providing a birth certificate or other documentation.

If the undocumented immigrant does not have any documentation, they may be able to get married through a process called “adjustment of status.” This process allows undocumented immigrants who are married to U.S. citizens to become lawful permanent residents. To adjust status, the undocumented immigrant must file Form I-485, Application to Register Permanent Residence or Adjust Status, with U.S. Citizenship and Immigration Services (USCIS). They must also provide evidence of their marriage to the U.S. citizen, such as a marriage certificate, and evidence of their identity and nationality, such as a birth certificate.

The adjustment of status process can be complex and time-consuming. It is important to speak with an immigration attorney if you are considering this option.

Here are some of the requirements for adjustment of status:

* You must be married to a U.S. citizen.

* You must be physically present in the United States.

* You must be admissible to the United States.

* You must meet the income requirements for Form I-864, Affidavit of Support.

The processing time for adjustment of status can vary, but it is typically several months. You can track the status of your application online.

If you have any questions about the adjustment of status process, you should speak with an immigration attorney. An attorney can help you assess your situation and determine the best course of action for obtaining a green card.

Here are some additional things to keep in mind:

* You may be required to attend an interview with a USCIS officer.

* The USCIS officer has the discretion to deny an adjustment of status application for any reason.

I hope this helps!

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