Legal Question in Juvenile Dependency in Wisconsin

Canadian citizen wants to marry a US citizen

My daughter and her fiance would like to get married in Michigan where he is appearing in court for trying to enter the US with out permission. He tried to get here when she found out she was pregnant, and spent 1 week in jail. They would like to get married in Detroit at the court house where he must appear for court about the above matter. Please let me know if there is any way possible for them to marry. They have dated for over 3 years and they have a child together. We are hoping that he will be able to come here to live.


Asked on 5/09/08, 1:52 am

2 Answers from Attorneys

Brian Brophy Sipsma, Hahn, & Brophy L.L.C.

Re: Canadian citizen wants to marry a US citizen

As you probably know, every state has different marriage laws and eligibility requirements. If your daughter and her Candaian citizen financee want to get married in Michigan, please go to the following website to see the license requirements" http://marriage.about.com/cs/marriagelicenses/p/michigan.htm. They should apply for a license in advance of the wedding date.

There is no reason why your daughter and her fiancee should not be able to marry one another. His Candadian citizen status should have no bearing on their eligibility to marry. However, he must provide a certified copy of his foreign birth certificate.

If your daughter and her fiancee plan to marry in Detroit, they must apply to the Wayne County Clerk. The Wayne County website is as follows: http://www.waynecounty.com/clerk/m_license.htm.

I am guessing that your daughter's fiancee has a hearing in front of an Immigration Judge at the Immigration Court, which an entirely different court system than the Michigan State trial courts. I don't think the Immigration Court performs marriages because these are federal courts and they do not have jurisdiction over state-specific matters such as marriage. However, there is a state court in Detroit (see the following website: http://courts.michigan.gov/scao/services/dirs/county/Wayne%20County.html)

Perhaps they can call to inquire about marriage ceremonies.

I would also advise that if your daughter's fiancee should find a knowledgeable immigration attorney to represent him at his hearing before the Immigration Court, if does not have one already. If my hunch is correct, he is in "removal proceedings" before the Immigration Court, which meant the US is trying to deport him. In order to raise the proper defense to removal, he will need an immigration attorney.

If you have any further questions, feel free to re-post or email me at [email protected].

Good luck!

Read more
Answered on 5/09/08, 9:49 am
Brian Brophy Sipsma, Hahn, & Brophy L.L.C.

Re: Canadian citizen wants to marry a US citizen

As you probably know, every state has different marriage laws and eligibility requirements. If your daughter and her Candaian citizen financee want to get married in Michigan, please go to the following website to see the license requirements" http://marriage.about.com/cs/marriagelicenses/p/michigan.htm. They should apply for a license in advance of the wedding date.

There is no reason why your daughter and her fiancee should not be able to marry one another. His Candadian citizen status should have no bearing on their eligibility to marry. However, he must provide a certified copy of his foreign birth certificate.

If your daughter and her fiancee plan to marry in Detroit, they must apply to the Wayne County Clerk. The Wayne County website is as follows: http://www.waynecounty.com/clerk/m_license.htm.

I am guessing that your daughter's fiancee has a hearing in front of an Immigration Judge at the Immigration Court, which an entirely different court system than the Michigan State trial courts. I don't think the Immigration Court performs marriages because these are federal courts and they do not have jurisdiction over state-specific matters such as marriage. However, there is a state court in Detroit (see the following website: http://courts.michigan.gov/scao/services/dirs/county/Wayne%20County.html)

Perhaps they can call to inquire about marriage ceremonies.

I would also advise that if your daughter's fiancee should find a knowledgeable immigration attorney to represent him at his hearing before the Immigration Court, if does not have one already. If my hunch is correct, he is in "removal proceedings" before the Immigration Court, which meant the US is trying to deport him. In order to raise the proper defense to removal, he will need an immigration attorney.

If you have any further questions, feel free to re-post or email me at [email protected].

Good luck!

Read more
Answered on 5/09/08, 9:51 am


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