Proxy Marriage and US Immigration: Clarification on the Consummation Requirement

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US Immigration Agencies recognize Proxy Marriage under INA § 101(a)(35), which the statute requires:

  • the Proxy Marriage must observe the “place-of-celebration” rule. Meaning, a marriage is valid for immigration purposes in cases where the marriage is valid under the law of the jurisdiction in which it is performed.
  • the proxy marriage requires consummation. Meaning, both spouses must be physically together to celebrate the relationship.

What States in the US recognize and perform Proxy Marriage?

Although Proxy Marriage is not allowed in nearly all of the United States, the following states do have Proxy Marriage Statutes:

  • Montana
  • Kansas
  • Texas
  • Colorado

When must Consummation Occur?

First, Consummation can occur at anytime after a proxy marriage. “Consummation” is an Immigration Requirement, and not generally a state requirement. It is best to check the state statute for clarification.

Second, in terms of Consummation for purposes of providing an Immigrant Visa or Green Card, the consummation MUST OCCUR AFTER the Proxy Marriage is performed. Pre-Consummation or Consummation-in-advance is not acceptable since the “consummation component” allows the spouses to be with one another and celebrate the new chapter of their relationship, marriage.

When can I begin an I-130 Petition for a foreign spouse based on Proxy Marriage?

US Immigration requires eligibility at time of filing. Thus, a proxy marriage must wait for consummation to occur prior to filing an I-130 Petition.

Is there a quicker immigration option than the Proxy Marriage Route?

Generally, the Fiancee Visa is quicker than a spousal visa. It may be a beneficial idea to speak with an Immigration Attorney. You can schedule a consultation with our Immigration Law Firm to determine timetables and which visa option may be more ideal.


Notice: Our Law Firm does not assist in performing Proxy Marriages, nor can we refer you to a company that assists with proxy marriages. Our Immigration Law Firm only assists with Immigration filings to the United States.


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