Brad Nakase, Attorney
A couple years ago, Marianne met Jean-Paul while on vacation in California. He was tall, handsome, funny – she couldn’t imagine leaving him behind when she went home to Michigan. After spending months chatting over Skype and WhatsApp, the couple decide to get married. However, due to financial hardship, neither can afford to travel to the other for the wedding. They decide to hold a legal proxy marriage via Facetime. She and Jean-Paul exchange vows and blow a kiss through the camera. Now that they are legally married by proxy.
What Is a Proxy Marriage and How Does It Work?
A proxy marriage is a marriage where one member of the couple is not present at the ceremony in-person. A stand-in will take his or her place during the ceremony. If the wedding is held virtually, as in our example above, the officiant must be at the ceremony location while the couple is virtually present.
Many of the laws for marriage by proxy are only valid while COVID-19 restrictions are in place. Because of the pandemic, remote marriages over Zoom were deemed permissible considering travel hardships. As pandemic restrictions are lifted, proxy marriages may no longer be considered legal. It is important to check state and local guidelines.
It is unlikely that U.S. citizens would require a proxy marriage. In some states, however, a marriage by proxy is allowed for members of the military.
How Does a Proxy Marriage Relate to Immigration?
For U.S. Citizenship and Immigration Services (USCIS) to consider a proxy marriage legal, the marriage must be consummated through sexual relations. Importantly, the required consummation must occur after the marriage. Therefore, children born prior to the marriage do not qualify as proof of consummation. That said, evidence of a relationship before the marriage can still help with proving legitimacy.
The most effective way of proving the legitimacy of a marriage is through an affidavit. This provides proof of spending time together in-person after the marriage. Photos, hotel receipts, and plane tickets are good sources of evidence. Meeting at a tourist destination after the wedding would therefore be an excellent way of gathering necessary proof of time spent together.
At present, the only U.S. state that permits entirely virtual marriages is Utah. The officiant must be physically present in Utah, but neither member of the couple must be present in the state for the marriage to be valid.
If one’s partner lives outside the United States but would like to get married in the United States, a K-1 visa, or the fiancé visa, may be a good option. The couple will have 90 days to get married before the visa expires.