Can You Get Married While in Immigration Court?

For many individuals going through immigration court proceedings in the United States, life doesn’t stop. New relationships begin, life partners are found, and sometimes marriage becomes part of the picture. But can someone who is in immigration court get married? And how would that affect the case?

Let’s make this clear from the start: Being in immigration court does not prevent you from getting married.
In fact, if the right steps are taken, marriage can open a new chapter in your life and potentially change the direction of your immigration case.

However, if you get married, you must notify the court. The court is required to consider any changes to your marital status. If you or your attorney formally report your marriage, the next steps can move forward more smoothly.

Two Different Scenarios: Entering with a Visa/Parole vs. Without

The path you follow after marriage depends on how you entered the United States. There are two main groups:

1. Entered the U.S. with a Visa or Parole

If you entered the U.S. on a visa (such as a tourist, student, or work visa) or with parole (e.g., with special permission from CBP), your situation is relatively more favorable.

The general process for this group is as follows:

First, you file a family-based immigration petition (Form I-130) with USCIS.
Once the I-130 is approved, your attorney can request that the immigration court terminate or administratively close your case.
After the case is closed, you may apply for a green card from within the U.S. through Adjustment of Status (Form I-485).

The biggest advantage for this group: You can apply for lawful status without leaving the United States.

2. Entered the U.S. Without a Visa or Parole

If you entered the U.S. without a visa or official permission (e.g., crossing the border on foot or without inspection), the process becomes more complex.

You would still begin by filing Form I-130 with USCIS.
Once the petition is approved, your attorney would request termination of the immigration court case.
However, you cannot adjust status from within the U.S. Instead, you must go through consular processing—applying for a visa at a U.S. consulate in your home country.

⚠️ Before leaving the U.S., you must apply for a Provisional Unlawful Presence Waiver (Form I-601A).
This is essential because being unlawfully present in the U.S. may trigger a 3- or 10-year reentry ban once you depart.
The waiver helps you avoid this ban by proving that your U.S. spouse or qualifying relative would face extreme hardship without you.

The waiver is a separate process that can take additional time and effort.

In Summary…

Being in immigration court does not prevent you from living your life, getting married, or planning for the future.
However, determining the right strategy and navigating the process carefully is essential.
How you entered the U.S. directly affects the next steps.

Those who entered with a visa or parole can apply for a green card from within the U.S.
Those who entered without authorization must return to their country for consular processing and apply for a waiver first.

In both cases, the marriage must be reported to USCIS to initiate the process, and the family petition must be approved.

Frequently Asked Questions (FAQ)

1) Can I apply to USCIS right after getting married?
Yes. Once you’re legally married, you can file Form I-130 as soon as possible. Acting quickly helps you inform the court and prepares the way for possible status changes.

2) Will my immigration court case close immediately after filing I-130?
No. The court won’t close your case automatically. Usually, it’s recommended to wait until the I-130 is approved. After that, your attorney can file a motion to terminate or administratively close the case. The court will decide if your case can be closed.

3) How long does the Waiver (Form I-601A) take?
Currently, it can take 18 months or more to receive a decision. USCIS processing times vary, so it’s important to factor in possible delays.

4) Can the court process and waiver application move forward at the same time?
In some cases, yes. The waiver process may proceed while the court case is still pending.
However, the ideal path is to first get I-130 approved, then have the court terminate the case, and finally start the waiver and consular steps.
Every case is unique, so personalized legal guidance is best.