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 Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19221
Experience:  Lawyer and current JAG officer.
Type Your Military Law Question Here...
Allen M., Esq. is online now
A new question is answered every 9 seconds

Can a active duty service member marry an illegal immigrant

Customer Question

Can a active duty service member marry an illegal immigrant that has been authorized stay due to deferred action for child hood arrivals act?
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

While it is not specifically illegal under the UCMJ to do so, it can present other potential legal issues for the military member. The two most common are security clearance issues and being put in a position where the military member has to choose whether or not to be truthful in a legal document (if attempts are made to have the illegal immigrant spouse covered as a dependent or if a marriage license is obtained through false means). The military would have to report the illegal status and likely would not recognize the marriage as valid, if somehow accomplished in the U.S.

There are other obstacles as well to marriage, under civil laws that wouldn't grant a marriage license.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.