Legal Question in Immigration Law in Idaho

Marriage to an Illegal Alien

I am in the military and planning a marriage to a girl from Britian. She came into the country with her mother when she was younger than 18 and they never went back. She has been in the country for about 5 years now. Her father is an American citizen but thinks it is too much trouble to do the paperwork for her. She has no social security number and lost her drivers license. What do we need to do in order to get married?

What sort of documentation we need and if there is a chance she could be deported? We do plan on getting her green card paperwork rolling asap after the marriage? There seems to be so many different laws and ways to do things. I need some help.


Asked on 7/25/06, 10:16 pm

2 Answers from Attorneys
William Frenkel Frenkel Sukhman LLP

Re: Marriage to an Illegal Alien

Depending on where you are in the U.S., local laws would govern celebration of marriage but I am not aware of any that require proof of legal immigration status, usually merely identification. I am not aware of any sharing of information between municipal clerks and U.S.C.I.S. for immigration enforcement and removal (deportation) purposes and foreign persons routinely get married in the U.S.

Once you and your fiance are married, you would need to petition on her behalf for an immigrant visa and she would have to apply for an adjustment of status. Contact a qualified immigration attorney to handle these filings with the immigration authority as they do present some pitfalls (affidavit of support requirement is but one example).

The above response was in the nature of general information, is not legal advice and should not be relied on as such.

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Answered on 7/26/06, 10:36 am
Patrick Klauss Berd & Klauss, PLLC

Re: Marriage to an Illegal Alien

Dear Sir,

The fact that your fiance is here illegally is not a bar to her ability to get married. Each State has there own procedures and requirements for marriage. Once you are married, you will need to sponsor her for her adjustment of status appliation with the USCIS. There are issues that are involved with this procedure that should be clarified before moving forward.

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Answered on 7/26/06, 10:55 am


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