Can We Still Get Married If My Partner Is Undocumented? Here’s What You Need to Know

The short answer is: Absolutely. Love doesn’t wait for paperwork.

Many couples worry they can’t legally get married in the United States if one partner is undocumented. But the good news is: in most cases, you can still get married regardless of immigration status. Marriage is a deeply personal commitment, and the law in most U.S. states recognizes that. That said, while marriage is legally possible, there are important immigration considerations to be aware of if you plan to adjust status or seek permanent residency afterward.

Most U.S. states do not require proof of lawful immigration status to issue a marriage license.

However, each state and sometimes each county may have slightly different rules and procedures. Before you go to the clerk’s office, check the local county website or call ahead to ask what documents are accepted. Many couples successfully marry with just a passport and no immigration status.

What marriage does and doesn’t do.

Getting married to a U.S. citizen or lawful permanent resident does not automatically grant the undocumented partner legal status. However, marriage may open the door to an immigration process called adjustment of status.

Here’s what to know:

You may be eligible to apply for a green card if:

• You entered the U.S. with a visa (even if you later overstayed), or have proof of legal entry (i.e. you were paroled and are considered an arriving alien) and

• Your spouse is a U.S. citizen

  
  

In this case, you may be able to adjust your status within the U.S. without leaving the country.

Things get more complicated if:

• You entered the U.S. without inspection (i.e., crossed the border unlawfully)

• You have a prior removal (deportation) order

• You used fraudulent documents to enter the country

• You are married to a green card holder, not a U.S. citizen (different rules apply)

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In these scenarios, you may still be eligible for relief but it may require a waiver, consular processing, or other legal steps. This is why it’s critical to speak with an immigration attorney before applying for any benefit.

Marriage is about building a life together, and the commitment is real no matter your partner’s immigration status. With the right planning, you can protect your relationship and build a secure future in the United States.

Patricia Elizee is the managing partner of Elizee Law Firm, a boutique immigration law firm located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. Established in 2012, the firm has helped hundreds of families and couples navigate complex immigration situations. Ms. Elizee earned her Juris Doctorate from the University of Miami School of Law and a Master of Laws (LL.M.) from the University of Washington School of Law.