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Peter Griesch
Peter Griesch,
Category: Military Law
Satisfied Customers: 324
Experience:  Tax Counsel at AIG, Inc.
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My fiancé is in acive military, and we are planning to get

Customer Question

Customer: hello, my fiancé is in acive military , and we are planning to get married , but iam out of status , i have entered U.S legally with my i-94 , BUT now iam out of status , would it be a problem for him if we get married
JA: Thanks. Can you give me any more details about your issue?
Customer: i have come her on study visa, but i dis continued my college due to health issues , and was hospitalized, and in between this i was out of my status and now we are planning to get married here is USA, iam not seeking for any citizenship or status .
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Customer: yes
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Submitted: 1 year ago.
Category: Military Law
Expert:  Peter Griesch replied 1 year ago.

The short answer is, no, your fiancee will not get in any trouble with the military for marrying long as the marriage itself is legitimate.

What I mean by that is that of you're marrying because you want to be married for love, to build a family, etc., your status will not cause him to have committed a crime (though you should straighten that out as soon as possible).

If, however, you are marrying for no other reason than to stay in the U.S., and the military discovers this, he'll be in trouble for having a "contract marriage," i.e., a marriage arrangement designed to subvert U.S. immigration law, where no legitimate marriage exists. This is evidenced by people not living together, holding themselves out as single, instead of married, etc.

If that happens, he'll likely be sent to court-martial (military criminal trial).

But, of a legitimate marriage, there are no worries.

Good luck.

Expert:  Peter Griesch replied 1 year ago.

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