If a non-citizen gets married in the US, do any of the laws of theirhome country still apply?

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If a non-citizen gets married in the US, do any of the laws of theirhome country still apply?

My fiance and I are planing to get married in Chicago this year. We are both 20 now which is legal to get married in Chicago. I am a U.S. citizen but my fiance is neither a U.S. citizen or permanent resident, and he does not reside in U.S. I was planing to apply for Fiancé Visa, so my fiance can come to get married and then become a permanent resident. But the problem is in my fiance’s country, male must be over 23 to get married. Does it matter? Can we get married this year?

Asked on July 1, 2011 under Family Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

My gut reaction to all of this is of course the marriage here is legal.  The marriage is governed by the laws of the country in which the marriage is performed.  Here in the Untied States it is legal for those over the age of 18 to get married without the consent of any other party (such as parents). As for whether it would be recognized in his country as legal that is another story.  It should be but if it is claimed that you did not get married there because of the law and attempted to circumvent it by marrying in the US  - not really what I think is happening - then they may give you trouble if you go back there.  You are a US Citizen and he is going to stay here and apply for a green card, correct?  Then I would consult with an attorney on the matter sooner rather than later.  Good luck to you.


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