Even though most see a Marriage as a church ceremony or a courthouse wedding, some have the question of whether a “Proxy Marriage” is a convenient option. There is no straight, Yes or No, answer for this question.
A proxy marriage occurs where one or both of the marrying couple are not present at the physical location of the ceremony. If you need an example of how this could be, imagine a computer screen where the spouse or spouses should be. Programs like Skype and FaceTime help make the experience a real-time occurrence.
Surprisingly, USCIS does recognize Proxy Marriage under INA § 101(a)(35), but only if two elements are present.
The burden is on the Couple to prove that the proxy marriage is valid and that consummation occurred. The couple should attest in the immigration petition and application that the proxy marriage is a “recognized marriage” for immigration purposes. However, if the couple is deemed to have failed to successfully prove a valid marriage, the immigrant would be ineligible for further marriage-based green card processing, unless a USCIS recognizable marriage occurs.
From a immigration attorney’s perspective, the easier path is to physically marry abroad or to have the marriage in the US. If a Proxy Marriage requires both couples to be together to consummate the relationship, then a church wedding or a courthouse, justice of the peace wedding, would be possible.
If you have any questions or concerns, please feel free to call Fickey Martinez Law Firm at (910) 526-0066 or email us at attorney@fickeymartinezlaw.com to set up a Consultation.
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