The answer to this question will depend on how long the relationship has existed and where the Boyfriend or girlfriend is being detained. Every Detention center is different and things may be done differently in other states and regions.
Some people may be married to a US Citizen Spouse, or want to get married to a longtime Boyfriend or Girlfriend. Similarly, some may have an approved and valid I-130 Petition and others may need to file an I-130 Petition to have USCIS recognize the underlying marriage.
There is one issue regarding getting married after being held in ICE custody and rushing to get married or starting an I-130 Petition. Immigration officers would think that the Couple got married to avoid being deported and that the marriage is not real.
Immigration authorities want you to prove that you did not get married just because you don’t want to be deported. Submitting a marriage certificate with your application is not going to be enough to prove that you got married in good faith. You have to show that you got married because you love your spouse and wanted to start a life together.
If you are facing deportation proceedings and you are married to a U.S. citizen, there may be options available for you to stay in the U.S. with your family but the options available to you will depend on how you entered to the U.S. and your specific situation.
It is highly recommended to speak with an Immigration Attorney whenever dealing with Immigration and Deportation Issues because immigration authorities will be looking at your application very carefully and will be very skeptical when evaluating your marriage during your I-130 application interview. Please feel free to contact our office to schedule a consultation with our Immigration Lawyer.