Immigrants & Immigration
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If both spouses are undocumented immigrants
If both spouses are undocumented immigrants, it may be difficult to get legal proof of a valid marriage. State law generally lets undocumented people get married. But, US marriage licenses are issued by counties. Most counties require that at least one person show legal identification, and this can be hard for an undocumented person to provide. This is usually a US driver's license, a US state ID, or a passport . You can check the requirements with your county clerk's office. For example, Cook County legal identification requirements are here.
Having a US marriage license does not give any immigration status on its own.
If one spouse is an undocumented immigrant and one spouse is a US citizen
Generally, a US citizen can marry an undocumented person under state law. You will need to check the requirements for getting a marriage license with your county clerk’s office.
After getting married, an undocumented immigrant becomes an "immediate relative" of their US citizen spouse. This relationship may mean that the undocumented spouse is eligible for a Green Card (also known as a lawful permanent resident).
If eligible for a Green Card, the undocumented spouse can apply to become a conditional permanent resident within the first two years of marriage. This conditional Green Card is only valid for 2 years. To remove the conditions, you must file within the 90-day period before the conditional Green Card expires. You must also show proof that the marriage was entered into in good faith and not for the purpose of avoiding immigration laws. If you have been married for more than two years, you would apply for a green card valid for 10 years.
In general, a person is not eligible for a Green Card if they were not inspected and admitted or paroled by an immigration officer before they entered the US. There are other reasons why a person may not be eligible for a Green Card. For more information, visit Green card: deportation and inadmissibility. However, some people may be able to apply for a waiver to ask the government to give them a Green Card even if they are inadmissible. For more information, visit Applying for a waiver of inadmissibility.
