Very few states have laws that do not allow the marriage of a US citizen to a illegal foreign national. The non citizen must have the proper indentification, however, and that would include a valid Social Security number. If the person can supply the required identification then the marriage is considered legal.
A citizen spouse can no longer file a permanent resident petition or citizenship application for a non citizen spouse if said spouse entered the US illegally. The non citizen spouse will be required to return to their country of origin and file for reentry under US immigration laws and USCIS procedures.
More advice and input:
- You can, but the marraige is not legally binding in the US if one person is illegal.
- You can. It just depends on where you are and the process to obtain a marriage license.
- Yes, just be careful they arent just marrying you for their green card. This is very common and many people are fooled so be careful!
- You can marry her without her having a social security number....but if you want to help her with her status she HAS to have a form of entry such as a I-94 or a stamp on her passport otherwize its going to be pretty impossible. Sorry.
- That is not entirely true. It is stil possible to obtain status, but harder than it would normally and you have to be more careful. I had remember reading a case were BICE was trying to deport a pregnant illegal woman who is married to US citizen.
- The general rule: A U.S. Citizen can get married to an illegal immigrant if the said illegal immigrant was duly inspected at a port of entry. As such, he/she must have a valid I-94, an entry stamp in his passport, a visa. This is just preliminary because the couple must have to subsequently prove to the U.S. Immigration that the marriage is genuine and was entered into not as a way to evade immigration regulations and laws.
- Added by a lawyer on August 18, 2009. A person's immigration status is immaterial in connection with the ability to marry. Marriage is a fundamental right. Loving v Virginia, Supreme Court 1967. Now, the illegal spouse may not be legally allowed to stay in the USA, but that does not affect the validity of the marriage.
first of all wtf..why couldn't you.. they are humans just like everybody else..!!
I only know that in Buncombe County, NC you may be wed with someone who has no documentation what so ever. The only thing that they say is, "you have no Social Security Number or nothing?" and you reply no and they make the person who has no ID sign an affidavit that they have never received a social and you pay the license fee and then you are married.