If you are on active duty and married to an undocumented “alien,” you have two concerns (1) how to get your spouse “legal,” and (2) avoiding disciplinary action.

Your Legal Jeopardy

Service members often ask whether marrying or living with an undocumented spouse exposes them to court-martial. The short answer is yes, in limited and fact-specific circumstances—but the risk most often arises from paperwork and benefits errors, not from marriage itself.

When court-martial risk exists

The Uniform Code of Military Justice allows prosecution when a service member commits a federal crime or violates military duties. In the undocumented-spouse context, legal jeopardy most commonly appears in four areas:

• Fraud and false statements
  If a service member makes false official statements—on DEERS entries, BAH paperwork, housing forms, or installation access documents—the Government can pursue charges under Article 107 (False Official Statements) and related fraud theories. These cases are far more common than “harboring” prosecutions.

• Improper receipt of benefits
  Inaccurate dependency or residency information can trigger allegations of larceny or fraud tied to pay, allowances, or medical benefits. Even unintentional errors can escalate if not corrected promptly.

• Orders and regulation violations
  Installation access rules, housing policies, and sponsorship requirements carry legal force. Violations can support Article 92 charges when a member knowingly disregards lawful orders or regulations.

• Rare but serious: “harboring” allegations
  In narrow circumstances, prosecutors may charge Article 134 (Clause 3) by incorporating the federal immigration statute that prohibits knowingly concealing, harboring, or shielding an undocumented person from detection (8 U.S.C. § 1324). This theory requires proof of affirmative concealment, such as lying to investigators, providing false identification, or actively evading immigration enforcement—not merely living together as spouses.

Key takeaway: Marriage to an undocumented spouse is not a crime. Legal exposure typically arises from what the service member does next—especially inaccurate paperwork, misuse of benefits, or deliberate concealment.

How Cave & Freeburg protects you

As a veteran-owned military law firm, Cave & Freeburg approaches these cases with operational realism. We assess exposure early, correct errors before they compound, and defend aggressively when commanders or investigators overreach. We routinely coordinate criminal defense with immigration counsel to prevent one problem from creating another.

A Path to “Legality” for Your Spouse

While the risks above are real, the law also provides a lawful path forward for many military families. Proper planning can stabilize your spouse’s status and dramatically reduce your own legal exposure.

Parole in Place (PIP): the cornerstone remedy

For many undocumented military spouses, Parole in Place (PIP) offers the most effective solution. Federal law authorizes immigration officials to grant parole for urgent humanitarian reasons or significant public benefit. Long-standing policy recognizes military service as such a benefit.

When granted:

• PIP treats the spouse as lawfully paroled into the United States, even if they originally entered without inspection.

• The spouse becomes eligible to apply for lawful permanent residence without leaving the country.

• The process avoids triggering multi-year reentry bars that can otherwise separate families.

Adjustment of status and stability

After PIP, the U.S.-citizen service member may petition for the spouse to adjust status to lawful permanent resident. This step creates legal stability, eligibility for work authorization, and—eventually—the ability to pursue citizenship. Just as important, it reduces criminal and administrative risk for the service member by aligning family life with federal law.

What not to do while seeking relief

• Do not submit false or incomplete military paperwork “to buy time.”

• Do not assume temporary programs or informal advice will protect you.

• Do not leave the United States without legal guidance; departure can trigger severe immigration bars.

• Read an older but helpful article “Advising the Undocumented Military Spouse” (Air Force Judge Advocate General’s Corps, Captain Aaron R. Petty, published February 20, 2019). Keep in mind there are many policy and law changes since 2019, and the status of immigration violations is–more, more, more enforcement.

Final word

Military service should not force families to choose between doing the right thing and staying together. With experienced counsel, many undocumented spouses can move toward lawful status while service members protect their careers and reputations.

If you or your spouse face these issues, consult experienced military counsel immediately. Cave & Freeburg, LLP brings decades of court-martial defense experience and a veteran’s understanding of service life to every case.