The question “can an undocumented immigrant get married in the US” worries thousands of immigrants who want to formalize their relationship even though they don’t have immigration status.
The answer is yes, it is possible to get married in the United States without papers, because marriage is governed by state laws and not by federal immigration laws.
However, getting married does not grant immigration status automatically. To be able to apply for a green card through marriage, factors such as the following will matter:
- How you entered the country.
- Any unlawful presence accrued.
- Whether there were unauthorized departures or reentries.
In this guide you will learn what you need to get married in the US and how to get married in the US step by step, even if you do not have immigration status. You will also find the legal options available for those who want to regularize their situation. This article also clarifies when the question “Can an undocumented immigrant get married in the US” is a simple yes and when immigration rules make it more complex.
Can an undocumented immigrant really get married in the US and how does it work in practice?
Getting married without lawful status is completely legal as long as the civil requirements set by the county are met.
Local authorities verify identity, age, and marital status, but not immigration status. That is why even two undocumented immigrants can get married, as well as people who entered with a visa and overstayed.
To have a civil marriage, both parties must appear before the county clerk with:
- A valid passport, driver’s license, or consular ID.
- Birth certificate or proof of age.
- Certified translations into English, if needed.
- Divorce decree or death certificate if there were previous marriages.
The immigration process is done separately, through a family-based petition and/or an adjustment of status.
Requirements to get married in the United States as a foreigner or without papers
The requirements to get married in the US as a foreign national vary depending on the state and the county where the marriage is processed.
In all cases, the couple must apply for a marriage license before the ceremony.
This document authorizes the marriage and is valid for a short period, usually between 30 and 90 days, depending on the jurisdiction. In most counties, the following documents are required:
- Photo identification.
- Birth certificate or a document proving age.
- Certified English translation.
- Payment of the applicable fee.
- Proof that any prior marriage was dissolved, if applicable.
Some states also request proof of address or a Social Security number, although the latter is not always mandatory.
In any event, marriage is possible for almost anyone who meets the minimum legal age set by law.
The legal age to marry varies by state, so it is worth checking the local rules on what age you can get married in the United States.
Requirements and documents by state
As a practical reference, several states, including New Jersey, allow immigrants without status to obtain a valid ID, which makes the process easier.
You can see an example in driver’s license in New Jersey for undocumented immigrants.
If you would like to compare marriage license requirements by state, you can check the website of the National Conference of State Legislatures (NCSL).
Also, some states such as Florida request the same basic documents. In general, the requirements to get married in Florida as a foreigner include a valid passport, proof of age, and payment of the county fee:
| State | Minimum age | Accepted ID |
| New Jersey | 18 years | Driver’s license or foreign passport |
| Florida | 18 years | Passport or consular ID |
| California | 18 years | State ID or valid passport |
Note: This table is for guidance only; each county may have specific requirements. Always confirm the latest information with the local clerk’s office or an immigration lawyer.
What documents are needed to get married civilly in the United States?
One of the most common questions is what do I need to get married civilly in the US.
The procedure is generally simple and fast, as long as you bring the right paperwork. This includes:
1. Apply for the marriage license
Both parties must appear in person at the county clerk’s office. In some places an appointment is required.
2. Sign and pay the applicable fee
The cost of the license varies by state and county, generally between $30 and $100.
3. Wait for the required period
Some counties allow the ceremony on the same day, while others require a waiting period of 24 to 72 hours before the license becomes valid.
4. Hold the civil ceremony
The ceremony can be performed by a judge, notary public, or ordained minister authorized by the state.
5. Register the marriage
Once signed, the license must be returned to the county for its official recording, which gives the marriage full legal validity.
Following these steps ensures that the union is valid and recognized by US civil authorities.
This also answers common searches such as “what do I need to get married in the USA” and “requirements to get married in the USA as a foreigner”.
Even though civil marriage is governed by state laws, its effects can have important immigration consequences.
Key differences between entering with a visa or without a visa when an undocumented immigrant gets married in the US
Getting married after entering with a valid visa does not have the same immigration consequences as getting married after entering without inspection.
This point is decisive for those seeking to obtain lawful permanent residence through marriage.
If the entry was lawful (with a visa or inspection)
When a person enters with a visa or is inspected and admitted at a port of entry by a CBP officer, they may apply for a green card without leaving the US.
Main advantages:
- They may obtain a work permit (Form I-765) while the case is pending.
- They may apply for advance parole.
- They avoid leaving the country and therefore do not trigger unlawful presence bars.
Only those who entered legally or who were granted parole may adjust status. However, there are limited exceptions, such as:
- Section 245(i): It allows certain immigrants with family or employment petitions filed before April 30, 2001, to adjust status even if they entered without a visa.
- Military Parole in Place (PIP): Available to spouses, parents, or children of active-duty military members, veterans, or reservists.
If the entry was unlawful (without a visa or inspection)
If the person entered without going through a port of entry or was not inspected, marriage to a US citizen does not immediately lead to adjustment of status.
In most cases, the applicant will have to:
- Leave the US to complete a consular interview at the US embassy or consulate; and
- Face possible unlawful presence bars, depending on how long they remained in the US without status.
- More than 180 days: 3-year bar.
- More than 1 year: 10-year bar.
How to avoid the unlawful presence bars?
To reduce the risk of long family separation, there is the Provisional Unlawful Presence Waiver (Form I-601A).
This waiver:
- Is filed inside the United States, before traveling to the consulate.
- Only waives the ground of unlawful presence (not other inadmissibility grounds).
- Requires proving extreme hardship to a US citizen or lawful permanent resident spouse or parent.
Important: Children do not qualify by themselves as qualifying relatives to show extreme hardship, although their situation can be used as additional supporting evidence.
This topic is explained in more detail in “Waiver of inadmissibility to the US”, where eligibility criteria and forms are discussed.
Illustrative example: Ana entered with a B-2 visa and married a US citizen. Because she entered legally, she was able to file for adjustment of status without leaving the US. Her sister, on the other hand, crossed the border without a visa; she had to apply for an I-601A waiver and attend her interview at the US consulate in Ciudad Juárez.
Can I get married in the US if I’m in the middle of an asylum case?
A frequent doubt is “can I get married if I am in asylum proceedings?” The answer is yes, a civil marriage is legal, but the immigration effects will depend on how it is combined with the asylum case.
Some key aspects are:
- Civil marriage is a state right, not a federal one.
- Immigration status does not prevent you from getting married.
- Getting married does not stop the asylum process but does not grant status automatically either.
Both procedures (asylum and family petition through marriage) can coexist, but they must be coordinated carefully to avoid legal or procedural conflicts.
Civil marriage while in asylum proceedings
- Marriage does not suspend or cancel the asylum case.
- It also does not grant immigration status by itself.
- Both processes can move forward but should be coordinated to avoid conflicts or delays.
How marriage affects an asylum case
- If the marriage is bona fide, the US citizen or resident spouse may file a family petition.
- The asylum applicant may then adjust status in the US or go through consular processing.
- If the asylum case is in Immigration Court (EOIR), the judge will usually have to terminate or close the case before USCIS can decide the adjustment of status.
Risks and precautions
- Leaving the US without advance parole can be seen as abandoning the asylum claim.
- Traveling back to the country from which you requested protection can affect the credibility of the asylum claim.
- If the marriage occurs while the person is in removal proceedings, USCIS will require clear and convincing evidence that the marriage is real (marriage in proceedings rule, INA §204(g)).
What happens if you get divorced before obtaining the marriage-based Green Card?
If an immigrant gets divorced before obtaining the marriage-based green card, the immigration case can be seriously affected.
USCIS will often assume that the marital relationship ended and, as a result, may cancel the process or request additional evidence to confirm that the marriage was bona fide.
When the divorce happens during the application
If the divorce occurs while the case is still pending (for example, during adjustment of status review), the foreign spouse loses the legal basis to obtain permanent residence.
In most cases, the application is denied because the marriage is the foundation of the family petition.
If the marriage already led to a conditional Green Card
When the two-year conditional permanent residence has already been approved, the beneficiary must file Form I-751 to remove conditions.
If there is a divorce before filing the joint petition, the immigrant may request a waiver of the joint filing requirement, showing that:
- The marriage was entered into in good faith.
- The relationship ended for legitimate reasons, not for immigration fraud.
The request must include solid evidence of the shared life, such as:
- Lease agreements,
- Joint bank accounts,
- Insurance policies,
- Among others.
In cases of abuse or mistreatment
If there was domestic violence or psychological abuse, the immigrant may request immigration relief under the Violence Against Women Act (VAWA) or the VAWA visa.
This program protects victims of abuse by a US citizen or permanent resident spouse and allows them to apply for a green card without depending on the abuser.
Even if the divorce has already taken place, the person may apply under VAWA within two years after the divorce, as long as there is a connection to the abuse.
Effects on naturalization
If the person obtained the green card through marriage and the divorce occurs before completing the three years required for naturalization, then they will have to wait five years before applying for citizenship.
Can an undocumented immigrant become a US citizen through marriage?
An undocumented immigrant cannot obtain US citizenship directly through marriage.
Marriage to a US citizen does not automatically grant citizenship. It is only the first step in a longer process that, in some cases, may eventually lead to naturalization. The path is usually as follows:
- Having been a lawful permanent resident for at least three years.
- Having been married to and living with the same US citizen spouse during those three years.
- Maintaining continuous residence and physical presence in the US during that period.
- Showing good moral character.
- Passing the English and civics tests.
If the marriage ends before the three years, the applicant will have to wait five years of permanent residence to apply for the US citizenship process.
How long do you have to be married to fix papers in the US?
One of the most common questions is “how long do I have to be married to fix my papers in the US?”
The truth is that there is no mandatory minimum time. However, USCIS requires that the marriage be bona fide and stable throughout the entire immigration process.
Factors that affect marriage-based processing times
Processing times can vary based on three main factors:
- Status of the petitioning spouse: cases where the spouse is a US citizen are usually faster; if the spouse is a lawful permanent resident, the process can take longer due to annual visa limits in the Visa Bulletin.
- How the immigrant entered: if the person entered legally, they may adjust status; if they entered without authorization, they will likely have to leave the US and, in some cases, request a waiver.
- Where the case is processed: adjustment of status cases are often resolved faster than consular processing cases.
Average processing times
When the marriage is to a US citizen and the entry was lawful, the average time to receive conditional residence is about 9 to 18 months.
This conditional residence is valid for two years. Before it expires, the couple must file Form I-751 to remove conditions and obtain a 10-year green card.
Marriage to a lawful permanent resident
When the marriage is to a lawful permanent resident, the case may take longer because it is subject to:
- Family preference categories (F2A), and
- Visa availability.
If the Visa Bulletin shows that the category is “current,” the case moves forward without delay; if not, the applicant will have to wait until a visa number becomes available.
Quick summary: there is no fixed time that must pass for you to “fix papers.” Still, the entire process usually takes between 9 and 24 months, depending on the type of marriage, the way the person entered, and the processing method.
For those who want to better understand family reunification timeframes and related options, see “How to bring my son to the US”.
What is considered marriage fraud in the United States?
Marriage fraud in the United States happens when someone gets married only to obtain immigration benefits, such as a green card.
Both USCIS and DHS actively investigate these cases, and the penalties can be very serious.
Consequences of marriage fraud
Committing marriage fraud is a federal crime punishable under the Immigration and Nationality Act (INA §204(c) and 8 U.S.C. §1325(c)). The consequences include:
- Fines of up to $250,000.
- Prison sentences of up to five years.
- Permanent inadmissibility for future immigration benefits.
A person found to have committed marriage fraud cannot obtain a waiver and will be barred for life from immigration benefits.
How USCIS detects marriage fraud
During case review, USCIS may use several methods to determine whether the relationship is real:
- Separate interviews (Stokes interview) to compare answers.
- Review of cohabitation and shared finances, such as joint bank accounts or leases.
- Review of joint evidence, such as insurance policies, tax returns, family photos, and affidavits from friends.
- Home visits or Requests for Evidence (RFE).
Even bona fide marriages can face delays or suspicion if they do not present clear proof of a genuine relationship.
How to avoid problems with USCIS
The best way to prevent problems is to prepare solid and consistent evidence before the USCIS interview. Some of the most useful proof includes:
- Contracts or bills in both names.
- Photos together in different places and at different times.
- Correspondence or records showing ongoing communication.
- Joint bank accounts or insurance policies.
A bona fide marriage shows a shared life and real commitment, beyond the documents.
To see the most common USCIS questions and how to get ready, read “Marriage-based green card interview questions”.
Can I get married in the US if I have a tourist visa?
Yes, getting married on a B-2 tourist visa is legal in the United States. Marriage is a civil act regulated by state laws, and immigration status does not prevent marriage.
The issue is not the wedding itself, but the immigration intent the person had when they entered the country. That is why many people ask again “Can an undocumented immigrant get married in the US” when they came on a B-2 and now want to stay.
The 90-day rule
The Department of State applies the so-called “90-day rule”, under which fraud is presumed if a person with a tourist visa takes actions incompatible with that status.
For example, getting married and applying for a green card within 90 days of entering the US.
Although USCIS does not apply this rule automatically, it does evaluate the original intent at the time of entry. If USCIS believes the person intended to stay from the start, it can deny the green card for “willful misrepresentation.”
Risks and consequences
- If it is determined that there was immigrant intent at entry, USCIS can deny the green card.
- In some cases, this can lead to permanent inadmissibility for immigration fraud.
- The only possible relief, if the person qualifies, would be a waiver.
For that reason, many attorneys recommend waiting at least 90 days before filing for adjustment of status, to reduce the risk of a finding of fraud.
Can two undocumented immigrants get married in the United States?
Yes, two undocumented immigrants can get married in the US.
Marriage is a civil right, not an immigration process, and state laws regulate it independently from immigration status.
Some key points include:
- Legality of the marriage: there is no federal law that forbids getting married while undocumented. Marriages are regulated by state and county rules.
- Variable requirements: each jurisdiction decides what documents it will accept to issue the marriage license.
- Accepted IDs:
- Valid foreign passports.
- Consular IDs.
- Birth certificates with translation.
- Possible limitations: some counties require an official ID issued by the state or local government.
As we have seen, marriage between two undocumented immigrants is fully legal. Therefore, it creates certain civil rights such as:
- Inheritance and joint property.
- Family health coverage.
- Shared medical and legal decision-making.
Remember that marriage does not by itself grant permanent residence. To learn more about that process, visit: “How to get a Green Card”.
If you are still wondering “can an undocumented immigrant get married in the US”, the answer is still yes, but the immigration steps that follow the marriage will depend on your manner of entry, the time you have been unlawfully present, and whether you can request a waiver.
Frequently asked questions about whether an undocumented immigrant can get married in the US
These are some very common questions from people who want to get married without immigration status in the US and are not sure whether marriage can create problems with immigration or with a future filing. Many of them start with the same concern: “Can an undocumented immigrant get married in the US” and still fix status later?
Can I be deported if I get married while undocumented?
No. Getting married is not a ground of deportation and not an immigration crime. But if you have a prior removal order, arrests, or criminal history, it is better to have an attorney review your case before filing anything.
Can I get married if my I-94 or my visa already expired?
Yes, you can. Overstaying does not affect the civil validity of the marriage, although it can affect how you later adjust status or whether you will have to request an immigration waiver.
What if my spouse has a criminal record?
It depends on the type of offense. Some serious convictions can limit or prevent the US citizen or resident from sponsoring the foreign spouse. In those situations, it is wise for an immigration attorney to review the records to see if there is an exception or an alternate path.
How an immigration lawyer can help you if you want to get married while undocumented
As you have seen, the answer to “can an undocumented immigrant get married in the US” is yes, but the process to obtain immigration status depends on many factors: manner of entry, background, type of spouse, and length of stay.
An immigration lawyer can:
- Analyze your full immigration history.
- Determine whether you qualify for adjustment of status or for consular processing.
- Evaluate possible waivers or other forms of relief.
- Guide you in preparing for USCIS interviews and gathering supporting evidence.
At Curbelo Law, attorney Carolina T. Curbelo advises immigrants in New Jersey and throughout the United States in cases involving marriage to undocumented immigrants, family petitions, and adjustments of status.
If you or your spouse face a risk of removal or denials, see “Appeal immigration decision” to learn about available defense options.
Can an undocumented immigrant get married in the US if they have the right legal guidance?
Yes, getting married in the US without papers is legal and possible, but getting immigration benefits requires careful legal planning.
- Every situation is different, and the success of the case depends on an individual review of the person’s immigration history and available documents.
- The best way to move forward without risking your future is to have a professional guide you.
- Attorney Carolina T. Curbelo, with extensive experience in immigration law, can review your case and offer a tailored strategy.
- From our offices in Ridgewood, New Jersey, we assist immigrants who want to get married, apply for a green card, or start adjustment of status.
Contact us today and find out how to protect your family life and your lawful presence in the United States. If you are still wondering “Can an undocumented immigrant get married in the US”, our team can review your entry, unlawful presence and any waivers you may need.
To keep learning about other ways to obtain status, visit “How can an illegal immigrant become legal in the US”.
Our firm has helped dozens of immigrant couples across the United States to legalize their status through marriage.
