Abstract
This paper addresses the disjuncture between an immigration regime that seeks to prevent unskilled migrant workers from marrying citizens, and the reality that many are actually able to carve a marital pathway toward legality of residence. Beginning from the premise that the state constructs (il)legality through laws and policies, we draw from 38 interviews conducted among Indonesian migrant workers and their citizen spouses in Malaysia to highlight the agency of migrants and local citizens in reconfiguring and reshaping this construction. Locating our discussion within the migration literature that challenges the construction of legality and illegality as rigidly separate and non-overlapping zones, we trace the circuitous marital pathways that our interviewees forge toward (il)legality as they navigate through blurred categories of legal and illegal, wife and worker. State institutionalization of marriage has produced its own ambiguities, and a marriage can be religiously valid even if not officially registered. Societal ambiguities arise from the tensions between what is valid according to religion and custom and what is prohibited according to state policy. These ambiguities allow for the institutionalization of a marital pathway, though complicated and circuitous, from temporary legality and illegality toward (il)legality of residence, though not necessarily toward full membership in the nation.
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