Legal Question in Immigration Law in Illinois

Marraige

Good Afternoon,

My niece married an illegal immigrant from Mexico four months ago. He has and Illinois Drivers licence and holds 2 jobs. He knows he is not contributing to social security because his social security number really belongs to someone in California.They were able to get a marraige licence because he has the drivers licence and was able to get a copy of his Mexican birth certificate.

Is their marraige legal ? He is not here on a visa or anything . What happens if they have children ? Will the children be legal. My niece was born and raised here in the U.S. . What if the ended up getting divorced ? If the marrige isn't legal would the need a legal divorce ?

Thank You

A concerned Aunt


Asked on 4/19/06, 2:25 pm

1 Answer from Attorneys
Brian Sather Sather Immigration Law

Re: Marraige

One's U.S. immigration status doesn't affect whether he can marry -- it's irrelevant under Illinois marriage law. So, based solely on the facts as you present them, there's no reason to think that your niece's marriage is invalid. And her children will be U.S. citizens.

By the way, you might suggest to him that he obtain an Individual Tax Identification Number ("ITIN") from the IRS, and use that instead of the fake SSN when filing income tax returns (and have his employers use the ITIN when reporting withholding) -- that way, he (and your neice) can be credited with having paid the taxes (and contributed to Social Security, etc.).

Finally, they really should consult with an immigration attorney soon, so that they know their future options and how to comply with the law in a relatively safe manner henceforth.

Sincerely,

Brian Sather

1.708.488.9105

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Answered on 4/19/06, 5:10 pm


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