Can you legally marry when undocumented?

[pink_sugar]

This may seem like a silly question, but we found out about a year ago that my husband's sister in law is undocumented. They have been "married" 7 years now. My question is, how can this marriage be legal if she has been undocumented all that time? (Only got a work permit recently). They had a wedding in a church and everything.

[MissBee]

Yes you can be.

 

It's not illegal to marry someone who is not a citizen of your own country.

 

I know of several people who come to the States on a visiting visa and had business marriages so they could obtain their greencard.

 

But it depends on what undocumented means here...do you mean she just overstayed a visa or like crossed a border illegally? In the latter case it is harder to adjust one's status to become a permanent resident. But if you simply overstay a visitor's visa (making you undocumented and illegal) but came to America through regular channels you can do so with an easier time.

[carhill]

The marriage contract is legal in the eyes of the state but the sticky wicket is the citizenship issue, both if the lack of citizenship is detected (deportation) or if the undocumented spouse seeks legitimate citizenship.

 

Perhaps times have changed but we needed our birth certificates to apply for a marriage license, along with our state ID (driver's license). If such is still the case and fraudulent ID was provided, that's another legal issue.

[pink_sugar]

Yes you can be.

 

It's not illegal to marry someone who is not a citizen of your own country.

 

I know of several people who come to the States on a visiting visa and had business marriages so they could obtain their greencard.

 

But it depends on what undocumented means here...do you mean she just overstayed a visa or like crossed a border illegally? In the latter case it is harder to adjust one's status to become a permanent resident. But if you simply overstay a visitor's visa (making you undocumented and illegal) but came to America through regular channels you can do so with an easier time.

 

She was illegal as she was brought with her family at a young age. She only recently secured a working permit, but they have been married for several years. Apparently she may have to temporarily leave the country and try and legally come to the states for her green card. I know my dad's ex was on a visa, it may have expired before they married, but not sure. It was easier for her to obtain the green card as she was here legally and she was able to get her citizenship after 3 years with a green card. I was just curious if the process was the same for undocumented aliens. But it definitely does sound like the process becomes more complicated.

[taiko]

The marriage contract is legal in the eyes of the state but the sticky wicket is the citizenship issue, both if the lack of citizenship is detected (deportation) or if the undocumented spouse seeks legitimate citizenship.

 

Perhaps times have changed but we needed our birth certificates to apply for a marriage license, along with our state ID (driver's license). If such is still the case and fraudulent ID was provided, that's another legal issue.

 

Most states have laws stating that the fiance must have the proper immigration visas however many local jurisdictions do no enforce them as they follow general sanctuary guidelines.

 

Now even if you married using a false or fraudulent identity papers, be it for immigration, bigotry or shielding a criminal past you are considered married but it is also a reason the judiciary can declare the marriage void

[Ronni_W]

I was just curious if the process was the same for undocumented aliens. But it definitely does sound like the process becomes more complicated.

It does get more complicated, yes. Are you looking to offer her help and support? In which case, probably best to scan websites or visit local offices to see exactly what's needed as far as paperwork and such.

[longjohn]

She was illegal as she was brought with her family at a young age. She only recently secured a working permit, but they have been married for several years. Apparently she may have to temporarily leave the country and try and legally come to the states for her green card. I know my dad's ex was on a visa, it may have expired before they married, but not sure. It was easier for her to obtain the green card as she was here legally and she was able to get her citizenship after 3 years with a green card. I was just curious if the process was the same for undocumented aliens. But it definitely does sound like the process becomes more complicated.

Since she has acquired a work permit I assume she and/or family have applied for adjustment of status. If she entered the US without inspection e.g. family crossed the border without ever going through USCIS inspection point then the only way to adjust status (or become legal) is to return home. Once she leaves the US a re-entry ban will automatically be imposed and an automatic denial for any and all immigration benefits will apply. The ban (see below) will apply for 3 or 10 years. There are ways to try and get around this however it takes a long time. They may want to hire an immigration lawyer or make contact with one of the many immigration centers (chartable organizations, not USCIS) around the country for assistance.

 

 

Sections 212(a)(9)(i) and 212 (a)(9)(ii) of the Immigration and Nationality Act (INA) impose re-entry bars on immigrants who are present in the U.S. illegally for a period of time, leave the U.S., and want to re-enter lawfully. An immigrant who enters the United States without inspection (illegally), or who overstays a period of admission by more than 180 days, but less than one year, and who then departs the U. S. voluntarily, is barred from being re-admitted or re-entering the United States for three years. If an immigrant is in the country illegally for more than one year, a ten year bar to admission applies.

[pink_sugar]

Since she has acquired a work permit I assume she and/or family have applied for adjustment of status. If she entered the US without inspection e.g. family crossed the border without ever going through USCIS inspection point then the only way to adjust status (or become legal) is to return home. Once she leaves the US a re-entry ban will automatically be imposed and an automatic denial for any and all immigration benefits will apply. The ban (see below) will apply for 3 or 10 years. There are ways to try and get around this however it takes a long time. They may want to hire an immigration lawyer or make contact with one of the many immigration centers (chartable organizations, not USCIS) around the country for assistance.

 

 

Sections 212(a)(9)(i) and 212 (a)(9)(ii) of the Immigration and Nationality Act (INA) impose re-entry bars on immigrants who are present in the U.S. illegally for a period of time, leave the U.S., and want to re-enter lawfully. An immigrant who enters the United States without inspection (illegally), or who overstays a period of admission by more than 180 days, but less than one year, and who then departs the U. S. voluntarily, is barred from being re-admitted or re-entering the United States for three years. If an immigrant is in the country illegally for more than one year, a ten year bar to admission applies.

 

This is very good to know info. I'm not sure the details, but I assume they have been speaking with some sort of attorney on this subject. Do the same rules apply if she has been here since 2 years old, undocumented? She said that she would have to return to her country, but she said it would only be for a week or two. I guess they are working on that part. Is that possible? I know she said they were told that if she and her husband had kids, the process would be easier...but that is just not an option for them right now.

[longjohn]

This is very good to know info. I'm not sure the details, but I assume they have been speaking with some sort of attorney on this subject. Do the same rules apply if she has been here since 2 years old, undocumented? She said that she would have to return to her country, but she said it would only be for a week or two. I guess they are working on that part. Is that possible? I know she said they were told that if she and her husband had kids, the process would be easier...but that is just not an option for them right now.

From what I understand (I'm not a layer btw) the same rules apply. This is one of the many reasons immigration reform is badly needed. Once she leaves the US and returns "home" an automatic ban will be imposed. USCIS are allowed to bend the truth and allow people to believe that it's ok to leave, go "home" then return with the right paperwork/visa in a few weeks. I've heard this exact same line before. What they don't tell you is the ban will be activated the minute she exits the US and they are in for a very long wait to even apply for an immigration benefit. Having US Citizen children might help but you run into the roadblock of being in the country and being uninspected. Leaving and presenting yourself for Inspection at a Port of Entry won't help due to the bans they put in place. I also know from personal experience it takes a lot longer than 2 weeks to get any type of immigration benefit from the date of filing even if a US Citizen is filing for the benefits.

 

 

If I where her I'd not leave the US unless she's ok with being denied entry for up to 10 years. I'd remain in place, work with the lawyer and even get a second opinion if need be.