Can two immigrants get married in the United States? Today, yes—two immigrants can get married, even if one or both do not have lawful status. Marriage is a civil right recognized nationwide and does not depend on immigration status.

However, while the marriage itself is legal, the immigration benefits that may come from it depend on very specific factors. It’s important to understand in detail what is required to marry, how the process varies depending on your status, and the legal consequences, especially if you later wish to adjust your immigration situation.

According to U.S. Citizenship and Immigration Services (USCIS), for a marriage to be recognized for immigration purposes, it must be backed by a valid civil record and meet the legal requirements of the state where it was performed.

The agency is particularly strict with relationships that involve immigration benefits: any official document may be requested and, in some cases, secondary evidence may be required if there are doubts about the validity of the record.

Marriage between immigrants is not unusual—in fact, it’s increasingly common. In 2021, 12.4% of all marriages in the U.S. involved at least one foreign-born spouse, the highest figure ever recorded. This reflects the reality that immigrant couples are a growing part of American family life.

More recently, immigration policies have even shaped marriage trends. Following Trump’s reelection in November 2024, the New York City Marriage Bureau reported a 33% spike in marriage license applications.

Many couples—especially those with one or both partners facing immigration uncertainty—turned to marriage as a strategy to protect their future together.

This blog of Moumita Rahman – Immigration Attorneys will guide you through what you need to know: the legal framework, the challenges, and the practical steps for immigrants who are considering marriage in the United States.

If you want to get married in the United States, it is important to have the right information to make safe decisions and protect your future. Contact us today to better understand your immigration status.

Is it possible for me to get married now?

Getting married in the United States is regulated by each state, which means there is no single federal requirement that applies nationwide.

Most civil registry offices share the same general conditions, such as being of legal age and proving your identity. Some states may require additional documents or enforce waiting periods.

Many immigrants wonder: With these documents, can I get married in my state? The answer depends on meeting local requirements. The general requirements to contract a civil marriage in the United States include:

• Official identification: passport, driver’s license, or consular ID.
• Birth certificate or equivalent document.
• Proof of single status—in some states, this is an affidavit confirming you are not married elsewhere.
• Payment of state marriage license fees.
• Being of legal age, usually 18 in most states.

A key factor is the ability to present documentation accepted by the local registry. In practice, many immigrant couples use foreign passports or consular IDs as valid forms of identification, and in some cases a birth certificate translated into English by a certified translator is also required.

Even so, it is recommended to seek legal advice before getting married, especially if you plan to apply for adjustment of status later or if your partner is a U.S. citizen or permanent resident.

It is important to clarify that getting married in the U.S. does not automatically grant immigration benefits.

Marriage may be the first step toward regularizing immigration status, but applying for a Green Card or adjustment of status depends on multiple factors: type of visa entry, immigration history, and criminal background. In addition, USCIS carefully reviews these cases to detect fraudulent marriages.

Marriage License in New York

In New York, one of the states with the largest immigrant population, the New York City Clerk’s Office issues marriage licenses to anyone over 18 years of age, regardless of immigration status or Social Security number.

The process in NY works as follows:

• There is no distinction in the type of license—it is the same for the entire state and valid both in municipalities and in New York City.
• In NYC, you can use the Project Cupid system to schedule a virtual or in-person appointment to obtain your license.
• Waiting time: you must wait about 24 hours after receiving the license before marrying.
• Foreign passports are accepted as valid documents.
  

Getting Married Without Legal Immigration Status

In the United States, it is possible to get married because state offices do not check immigration databases nor require proof of lawful residence. This means that even two undocumented immigrants can marry in the U.S. without being denied a marriage license.

Common questions include: 

• If I am undocumented can I marry a U.S. citizen?
• Can a permanent resident marry an undocumented immigrant?
• What happens if I’m undocumented and marry a U.S. citizen

The marriage is fully valid at the civil level. However, to adjust status or apply for residency, it is important to know:

• Marriage does not cancel deportation orders nor automatically guarantee access to permanent residency.
• Legal advice becomes crucial, as it helps anticipate possible scenarios and make better-informed decisions about future applications.
• In the U.S., you do not need citizenship, residency, or a valid visa to get married. Even if you are undocumented, the civil registry will process your marriage the same way it does for any other couple.
  

Can a permanent resident marry an undocumented immigrant?

If one spouse is a U.S. citizen, the marriage may serve as a basis to petition for the other’s permanent residency. However, if the immigrant spouse entered without inspection, a waiver may be required or the person may need to leave the country to continue the process.

In cases where there is a deportation order, the marriage is valid but it is crucial to have legal counsel, as marriage does not automatically eliminate deportation.

Immigration Status and Marriage

The impact of marriage between immigrants depends on each person’s status. In some cases, marriage does not open an immediate path to residency, while in others it may become the foundation for adjustment of status. Understanding these differences is essential to avoid false expectations.

It is common to think that two immigrants can get married in the United States and automatically obtain legal papers. The truth is that each immigration category has its own limitations and requirements.

Some scenarios include:

• Both undocumented: The marriage is legal but does not bring immediate immigration benefits.
• One with a visa and one without status: The marriage is valid; benefits depend on the type of visa and other requirements.
• Both with TPS, DACA, or other permits: The marriage does not guarantee residency but may strengthen adjustment requests in the future.
• A permanent resident marrying an undocumented immigrant: Yes, it is possible, but the adjustment process is usually more complex than if one spouse were a U.S. citizen.
  

Marriage and Residency in the United States

While marriage is relatively simple from an administrative perspective, the real challenge comes when couples want to know about the immigration benefits of getting married in the United States.

Each year, USCIS processes hundreds of thousands of family petitions, many of them based on marriage. However, officers carefully review whether the relationship is genuine and not solely for immigration purposes.

When the spouse is a permanent resident or the immigrant entered without inspection, the process may involve long waiting times, the need for immigration waivers, and sometimes leaving the country to continue the process.

Marriage to a U.S. citizen is often the most direct route to permanent residency. USCIS’s 2023 Annual Statistical Report showed that over 300,000 marriage-based applications were approved that year.

The legal process if one spouse gains status generally involves:

• Filing the I-130 Petition.
• If the person entered legally, they may apply for adjustment of status from within the United States.
• If they entered without inspection, they may need to leave the country and apply for a waiver before re-entering.
  

Can I get married now: mistakes and recommendations

According to the Pew Research Center (2021), there are approximately 10.5 million undocumented immigrants living in the United States.

For many of them, marriage—whether to another immigrant or to a U.S. citizen—does not guarantee an immediate solution, as they continue to face legal and procedural barriers in adjusting their status.

One of the main issues among immigrant couples is believing that marriage automatically solves immigration status. This misconception can lead to rushed decisions, starting applications without proper legal advice, or even worse, risking immigration fraud.

Common mistakes include:

• Marrying solely for immigration benefits: USCIS investigates and can penalize fraudulent marriages with fines and deportation.
• Not seeking legal counsel: each case is different and may involve waivers, waiting times, or complications.
• Not properly registering the civil marriage: if it is not recorded correctly, it will not be valid for immigration purposes.

Attorney recommendations:

• Keep evidence of your relationship: photos, joint accounts, bills, correspondence.
• Consult an attorney before submitting forms to USCIS.
• Learn about your state’s laws.
  

Do I Need an Attorney to Get Married?

You do not need an attorney to get married. However, if your goal is also to obtain immigration benefits, then legal counsel is highly recommended. A mistake in your documents or a poorly prepared application can lead to delays or even denials in the future.

Marriage is an important step, especially if one of the spouses has irregular immigration status. In these cases, the most important thing is to have legal guidance so that the immigrant can marry with confidence and build a more secure future.

It is essential to remember that everything must be done in good faith. Marriages entered into solely for immigration purposes may be considered fraud and lead to serious consequences, including fines and deportation.

Legal guidance allows you to take this step legitimately and transparently, avoiding conflicts and ensuring that your union is fully recognized.

Contact Moumita Rahman – Immigration Attorneys today, we know the question can two immigrants get married in the United States is very common. The answer is yes—but what truly matters is understanding the legal consequences in your specific case. If you are ready to take this step, contact us for a consultation and receive the guidance of a team that fights for your freedom and peace of mind.