If my husband is in the U.S. illegally, is our marriage legal?

UPDATED: Sep 30, 2022

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If my husband is in the U.S. illegally, is our marriage legal?

How do I end it if I no longer want to be married?

Asked on March 19, 2017 under Family Law, Massachusetts


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

A marriage between a U.S. citizen and an illegal immigrant is legal. Therefore, to end a marriage such as yours,  just as with any other marriage you must obtain a divorce. That having been said, if he married you to gain legal immigration status and you were not aware of that at the time, then that can potentially render the marriage void. The reason is that a contract (and a marriage is a contract) created under fraud and/or misrepresentation is voidable by the injured party.

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