How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask wjbanks Your Own Question
wjbanks, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 300
Experience:  8 years practice experience, published in State Bar Journal
Type Your Immigration Law Question Here...
wjbanks is online now
A new question is answered every 9 seconds

Can an illegal Mexican citizen in Alabama marry an American ...

This answer was rated:

Can an illegal Mexican citizen in Alabama marry an American citizen by common law? In other words, would their marriage be recognized based on the Common Law marriage law if all requirements are made such as: capacity; an agreement to be husband and wife; and consummation of the marital relationship. They have a child of eight months and have been living together as husband and wife for two and a half years.

Assuming they have met all of the requirements for common law marriage in Alabama, they can be recognized as such under the laws of that state. For immigration purposes, however, they would need to obtain an actual marriage license.

There is no prohibition in federal immigration laws to illegals marrying citizens, but some jurisdictions will require proof of immigration status. Others, however, may only require a picture identification.

Once they are married, the U.S. citizen can file an immediate relative petition for the illegal, but the application could not proceed to adjustment of status (green card) because of the illegal entry. In order to obtain residency, the illegal would need to wait for the old amnesty law to be extended (last extended to April 30, 2001) or for a new one to be enacted.

Best of luck!


wjbanks and other Immigration Law Specialists are ready to help you