Undocumented immigrants can get married in the US. Marriage licenses are issued under state law, and no state requires proof of immigration status to issue one. A foreign passport is accepted as identification in most jurisdictions. What marriage does not do is automatically grant legal status, and the road from the wedding to a green card depends heavily on how the immigrant spouse entered the country.
What You Need for a Marriage License
Both people have to appear together at the county clerk or registrar’s office with valid government-issued photo identification. A foreign passport works. You’ll also need proof of age, usually a birth certificate, and in nearly every state both people must be at least 18 to marry without parental consent. Documents in a language other than English need a certified translation, signed by a translator attesting to fluency in both languages and to the accuracy of the translation.
The application asks for a Social Security number, but not having one isn’t a barrier. Most offices let you sign an affidavit stating you aren’t eligible, and some accept an Individual Taxpayer Identification Number instead. Fees generally run between $25 and $100, and some offices take only cash or money orders. Call the specific clerk’s office ahead of time, because accepted documents and payment methods vary.
The application does not ask about immigration status. The clerk is issuing a state document confirming basic eligibility like age, identity, and that neither person is already married. Immigration screening is not part of the job.
What Marriage Actually Does for Immigration
Marrying a U.S. citizen or lawful permanent resident creates an eligible family relationship, but it doesn’t change anyone’s status on its own. The process starts when the citizen or permanent resident spouse files Form I-130, Petition for Alien Relative, with USCIS. Approving that petition just confirms the relationship qualifies. It is not a green card.1U.S. Citizenship and Immigration Services. I-130, Petition for Alien Relative
One belief worth putting to rest: marriage does not stop deportation. If the undocumented spouse is in removal proceedings or in immigration custody, a marriage certificate alone will not halt anything. Marriage opens a potential legal pathway if other requirements are met, and that pathway takes months or years.
If the Immigrant Entered With Inspection
What comes after the I-130 approval depends almost entirely on how the immigrant spouse entered the United States. If they were inspected and admitted at a port of entry, for example on a tourist visa they later overstayed, they may be able to apply for a green card without leaving the country. This is called adjustment of status, filed on Form I-485.2Office of the Law Revision Counsel. 8 USC 1255 – Adjustment of Status of Nonimmigrant to That of Person Admitted for Permanent Residence The immigrant spouse stays in the U.S. throughout, and spouses of U.S. citizens are treated as “immediate relatives,” so there’s no visa waiting list.
If the Immigrant Entered Without Inspection
Someone who came into the country without going through a checkpoint generally cannot adjust status from inside the U.S. They have to go through consular processing, which means traveling to their home country for a visa interview at a U.S. embassy or consulate. This is where the process gets dangerous, because leaving after accumulating unlawful presence triggers automatic re-entry bars.
The bars follow a sliding scale. Unlawful presence of more than 180 days but less than a year, followed by departure, makes the person inadmissible for three years. One year or more of unlawful presence triggers a ten-year bar.3Office of the Law Revision Counsel. 8 USC 1182 – Inadmissible Aliens For someone who has been undocumented for years, leaving for a visa interview could lock them out for a decade.
The provisional unlawful presence waiver, Form I-601A, is the tool designed to address this. It has to be approved before the immigrant leaves the country, and it requires showing that the U.S. citizen or permanent resident spouse or parent would suffer “extreme hardship” if the immigrant were kept out. Ordinary financial strain or emotional distress from separation generally will not clear that bar. This is the point in the process where experienced legal help matters most.4U.S. Citizenship and Immigration Services. I-601A, Application for Provisional Unlawful Presence Waiver
What the Process Costs
The expenses reach well beyond the marriage license fee. As of 2026, the USCIS filing fee for Form I-130 is $625 online or $675 on paper. If the immigrant spouse is adjusting status inside the U.S., Form I-485 adds another $1,440 for applicants over 14.5U.S. Citizenship and Immigration Services. G-1055 Fee Schedule Government filing fees alone can top $2,000 before you count legal help, translations, or anything else.
The sponsoring spouse also has to file Form I-864, Affidavit of Support, showing they can support the immigrant at 125% of the federal poverty guidelines. For a household of two in the 48 contiguous states, that minimum annual income is $27,050 in 2026, with higher figures in Alaska ($33,813) and Hawaii ($31,113), and higher amounts for larger households.6U.S. Citizenship and Immigration Services. HHS Poverty Guidelines for Affidavit of Support If the sponsor’s income falls short, the immigrant spouse’s continuing income, other household members’ income, assets, or a joint sponsor can be used to make up the difference. Failure to meet the threshold results in denial.7U.S. Citizenship and Immigration Services. Form I-864 Instructions for Affidavit of Support Under Section 213A of the INA
Every adjustment applicant also has to complete a medical exam on Form I-693 with a USCIS-designated civil surgeon. The exam covers communicable diseases, vaccinations, and certain physical or mental conditions.8U.S. Citizenship and Immigration Services. Form I-693, Instructions for Report of Immigration Medical Examination and Vaccination Record USCIS does not regulate what civil surgeons charge, so prices vary; expect several hundred dollars, more if you need vaccinations.9U.S. Citizenship and Immigration Services. Finding a Medical Doctor It’s worth calling around.
Proving the Marriage Is Real
USCIS expects couples to show the marriage is genuine rather than entered into for immigration benefits. A marriage certificate is not enough on its own. Officers are trained to identify sham marriages, and thin files get denied or referred for fraud investigation.
The strongest evidence shows financial and daily lives that are actually intertwined:
- Joint bank accounts, credit cards, car titles, and property deeds in both names. Life insurance policies or wills naming each other as beneficiaries carry weight.
- Jointly filed federal or state tax returns.
- A lease or mortgage in both names, utility bills at the same address, matching addresses on driver’s licenses.
- Photographs together at family events and on trips, travel itineraries, correspondence, and birth certificates of any children.
- Signed, notarized affidavits from friends and family who know both spouses.
The more categories you cover, the stronger your case. Newer marriages usually have less to draw from, so gather something in every category rather than leaning on one type of proof.
The Two-Year Conditional Green Card
If the marriage is less than two years old on the day the immigrant becomes a permanent resident, the green card is conditional and expires after two years. To convert it to a ten-year card, the couple has to jointly file Form I-751, Petition to Remove Conditions on Residence, during the 90-day window before the conditional card expires.10U.S. Citizenship and Immigration Services. Removing Conditions on Permanent Residence Based on Marriage The I-751 is essentially a second bona fide marriage review. Missing the deadline can terminate permanent resident status, so calendar it as soon as the conditional card arrives.
Marrying During Removal Proceedings
Getting married while one spouse is in removal proceedings is legal, but the evidentiary standard changes. Under federal regulations, a marriage entered into during removal proceedings is presumed to have been for immigration purposes. To overcome that presumption, the couple must prove the marriage is genuine by clear and convincing evidence, which is a higher bar than what normally applies.11eCFR. Part 245 – Adjustment of Status to That of Person Admitted for Permanent Residence In practice, that means every piece of evidence described above, and more of it. If this is your situation, working with an immigration attorney isn’t optional.
A Separate Path for Abused Spouses
An undocumented spouse who suffers domestic violence at the hands of a U.S. citizen or lawful permanent resident partner has a route to status that doesn’t rely on the abuser at all. Under the Violence Against Women Act, the abused spouse can self-petition on Form I-360, without the abusive partner’s knowledge or cooperation.12U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 3, Part D, Chapter 2 – Eligibility Requirements and Evidence The self-petitioner has to show the marriage was entered in good faith, that they were subjected to battery or extreme cruelty by the citizen or permanent resident spouse, that they lived with that spouse, and that they are a person of good moral character. Living in the U.S. at the time of filing is not required.
The Fraud Line
Marrying solely to get around immigration laws is a federal crime. The penalties reach up to five years in prison, a fine of up to $250,000, or both, and both spouses can be prosecuted, including the U.S. citizen.13Office of the Law Revision Counsel. 8 USC 1325 – Improper Entry by Alien A fraud conviction also permanently bars the immigrant from future immigration benefits. Couples in real relationships have nothing to fear from this, but they should still prepare thoroughly for interviews and bring organized documentation, because a genuine marriage with thin paperwork can look uncomfortably similar to a fraudulent one on the adjudicator’s desk.