my boyfriend visiting from england and I want to get married in america but he doesnt have a greencard or a visa, is this legal?

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my boyfriend visiting from england and I want to get married in america but he doesnt have a greencard or a visa, is this legal?

My boyfriend is coming to visit me in washington state from england and we want
to get married, but is it legal to do so if he’s just visiting and has no visa or
greencard? Our plan is to eventually move me to england afterwards so I would be
the one applying for a visa later on. If its possible what kind of documentation
would he need? And if its not possible what are our options?

Asked on August 12, 2016 under Immigration Law, Washington

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you only want to marry and not have him stay in the US or work in the US, he does not need to have a green card to marry.  One of you needs to have satisfied the residency requirements for the place where you intend to marry.  If, however, he will be staying in the US after marriage for an extended period of time and will need to work, etc. then you will need to petition him for a green card after the marriage and in that case, you should not marry within 90 days of his entry but wait until it has been about 90 days.


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