Legal Question in Military Law in Massachusetts

Military marrying a foreigner

My son wants to marry a girl from France who is currently in the US going to school. She is not a US citizen. He is an E3 in the army and came home on leave for two weeks. He's stationed in Iraq and has only spent the past two weeks with the girl other than online communication. He dropped the bomb of the marriage on us and I'm concerned about if there are laws or procedures the military member must follow before marrying a non-citizen. I don't want his job jepordized for this.


Asked on 6/13/07, 9:38 pm

2 Answers from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Military marrying a foreigner

The answer to this question depends in large part on what kind of job and what kind of security clearance your son has. If he is involved with sensitive compartmentalized information or has access to top secret information, there is a good chance marrying a foreigner could affect, at least in the short term, his ability to retain his clearance. Normally the spouses of persons with clearances are also vetted during background checks. For this reason I can't assist further without knowing what kind of MOS your son is in.

If the marriage takes place in the US, under US law, and not in a foreign country there are no legal impediments to marriage generally. If the wedding is set to take place in France, that could create problems in terms of paperwork, but would still be recognized as valid in the US.

My son is in the Army and got married in December of 06. His final divorce hearing is set for June 25. This whirlwind romance stuff is not hard to understand, particularly with a serviceman in Iraq who doesn't know if he'll be coming home at all. This gives him something to hang on for, and to live for, so even if it ends badly a year or two down the road, it's probably a good thing for him now.

I hope this assists you. I note another lawyer has offered you a no charge consultation, and I would encourage you to take him up on it.

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Answered on 6/14/07, 9:41 am

Re: Military marrying a foreigner

Call me to discuss. 978.250.4255. No Charge.

Both my partner and I are recent veterans and former military attorneys on active duty, and are familiar with this type of situation.

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Answered on 6/13/07, 9:52 pm


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