U.S. Immigration

Is It Possible for an Illegal Immigrant to Marry a US Citizen in Florida?

August 8, 2025

It may surprise you to learn that over one million people became lawful US residents in 2022. There’s no shortage of reasons why people come to this country, such as taking advantage of some of the top universities in the world. However, the path to obtaining US citizenship isn’t always clear.

Many people wonder if an illegal immigrant marrying a US citizen in Florida is a viable option. The good news is that the answer to this immigration law concern isn’t as convoluted as it may seem. Let’s explore the key information you need to know before moving forward.

Is an Illegal Immigrant Marrying a US Citizen Possible?

Under the right circumstances, yes, this is possible. When someone marries a non-US citizen, the other party may be able to apply for immigration benefits, such as a green card.

It’s important to note that marrying a non-US citizen does not automatically grant citizenship. They can use the government’s family-based immigration process to do so. They’ll need to file an immigrant petition and provide evidence that the marriage is legitimate.

This aims to prevent people from marrying another person under false pretenses to help them gain citizenship. The immigrant will also need to attend an interview and complete a mandatory background check.

During this part of the process, their fingerprints are also collected. If everything goes smoothly, they should be able to obtain US citizenship.

Can I Get Married Abroad and Come Back?

Some couples get married in other countries to give themselves a better chance of the non-US citizen applying for citizenship. There are two options you can pursue in this scenario:

  • Get married outside of the United States and apply for a green card
  • Have the non-US citizen into the US on a K-1 visa

The second option allows the couple to marry within the United States and apply for a green card. It’s also the most appropriate in many circumstances.

Other visa types won’t recognize marriages that occur out of the country. Keep this in mind moving forward so you can avoid potential mistakes.

Consequences of Marriage and Visa Fraud

As previously mentioned, the government has rules in place against fraudulent marriages. The US government will not recognize polygamist relationships or underage marriages.

The same is true for domestic partnerships and civil unions. Infringing upon these regulations can result in expensive fines and even jail time. In extreme cases, the immigrant could be deported and barred from entering the US in the future.

Can I Marry Someone with a Tourist Visa?

A non-US citizen with a tourist visa is inherently a temporary visitor. They do not intend to stay in the United States long term.

They cannot use a tourist visa to immigrate or get married. If you marry someone with a tourist visa, it does not automatically change their immigration status.

If an individual with a tourist visa wants to stay in the United States, they will have to go through the conventional immigration process. This will involve adjusting their status and applying for the relevant visa.

To elaborate on the latter, that would apply for a marriage-based immigrant visa. You can then move forward with the immigration process as long as there aren’t any outstanding issues. For instance, someone convicted of certain crimes in their home country may find it more difficult to become a US citizen.

What if the Immigrant Fell Out of Status?

There are many scenarios where someone immigrated to the United States legally and then fell out of status. This refers to a situation where they are no longer legally allowed to stay in the country. To clarify, they might have been legally permitted to stay in the US for six months but ended up staying longer.

The good news is that you can apply for forgiveness and have your status adjusted. Working with a reputable attorney will help guide you through this process.

Finding an Immigration Attorney

To get the results you need, it’s essential to work with the right immigration attorney. They have the tools and resources to help you overcome the obstacles you will encounter. You can start by checking their online reputation.

See what other people have to say about the experiences they had. Did they encounter issues the lawyer couldn’t help them resolve? Were they satisfied overall with their results?

The answers to questions like these will help you narrow down your choice. Look into their pricing structure as well. You will forget what you pay for, and you should never hire the cheapest attorney.

Inexpensive professionals will be likely to cut corners. However, you should avoid the most expensive options you find.

There’s a point of diminishing returns regarding what you pay. Somewhere in the middle of the price range can help you meet your needs without stretching your budget.

You should also ask how they bill their clients. Some attorneys charge by the hour, while others impose flat rates.

Keep this information in mind going forward so you can avoid financial surprises. Never work with someone who isn’t enthusiastic about helping you. You can assess how interested they are in your case by paying attention to how many questions they ask.

Prioritize attorneys who want to know as much as possible. With enough vigilance, you’ll find the ideal attorney for your needs.

Pursue Citizenship Appropriately

As long as you follow the US government’s guidelines for seeking citizenship, you shouldn’t encounter issues. The information in this guide will help ensure you get started on the right track. Just be sure to keep the answer to “Illegal immigrant marrying a US citizen” in mind.

Boyer Law Firm prides itself on leveraging modern technology and delivering fast results that don’t sacrifice quality. Our extensive legal library allows us to develop the best course of action for your situation.

We’ve been in the industry for over 15 years and continue to look for new ways to serve our clients. You’ll learn more about the many benefits we can provide when you get in touch with us today.