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Papireddy Associates
mohammad mehdi ghanbari
Hello, good morning
Yes, it is generally possible for a U.S. citizen to legally marry an individual holding refugee status under UNHCR, but the specific requirements depend on the country where the marriage will take place. While a refugee has the right to marry, the process and necessary documentation vary significantly by jurisdiction.
Marriage in the United States
In the United States, an individual with refugee or asylee status has the legal right to marry a U.S. citizen. The process is governed by state law and is generally the same for refugees as it is for citizens.
Key Steps:
Obtain a Marriage License The couple must apply for a marriage license from the appropriate local government office in the state where they intend to marry.
Provide Identification Both individuals will need to provide valid identification. While a U.S. citizen can use a passport, a refugee may face challenges if they lack standard documents like a passport or birth certificate. In such cases, a foreigner's registration card or other documents related to their asylum claim may be accepted as proof of identity.
Marriage Ceremony After obtaining a license, the couple can have a civil or religious ceremony to solemnize the marriage.
Marriage Certificate Following the ceremony, a marriage certificate is filed with the authorities, legally recognizing the union.
Marrying a U.S. citizen can provide a pathway for the refugee to apply for a marriage-based green card, which grants permanent residency. The marriage must be proven to be genuine and not for fraudulent purposes.
Marriage Outside the United States
The legality and requirements for marrying a refugee outside the United States are determined by the laws of that specific country.
Varies by Country Some countries may have specific restrictions or different documentation requirements. For example, in Canada, refugee claimants can marry but must provide proof of their refugee claim and valid identification to the provincial marriage registry. Conversely, in Indonesia, refugees are not permitted to legally marry. In Bangladesh, there have been legal restrictions on marriages between citizens and certain refugee populations.
Contact Local Authorities If planning to marry in another country, it is crucial to contact that country's embassy or consulate to understand their specific legal requirements for marriage involving a refugee.
Required Documentation
The necessary documents will depend on the location of the marriage. However, some common documents that may be required include:
For the U.S. Citizen: A valid U.S. passport is standard proof of identity and citizenship.
For the Refugee:
UNHCR refugee status card.
Valid passport or national ID from their country of origin, if available.
Birth certificate.
Documents related to the refugee or asylum claim.
Proof of being single or a divorce certificate if previously married.
If any documents are not in the official language of the country where the marriage is taking place, they will likely need to be translated by a sworn translator. If essential documents are missing due to the circumstances of fleeing their home country, legal guidance may be necessary to explore alternatives like a statutory declaration.
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