Proxy Marriage Validity Under U.S. Immigration Law

If you are seeking a green card (U.S. lawful permanent residence) through marriage to a U.S. citizen or resident, one of the first requirements is that the marriage be legally valid in the state or country where it took place. It must comply with local laws and receive official government recognition (which you will have to supply a copy of as part of the process of applying for a green card).

In the case of a proxy marriage, however, there is an additional requirement. Even if it is considered legally valid in the place where you were married, U.S. immigration law will not recognize it unless it was later consummated (the two spouses had sexual relations).

(For a discussion of the government's rules on this matter, see the U.S. Citizenship and Immigration Services (USCIS) Policy Manual Chapter 2 - Marriage and Marital Union for Naturalization.)

What Is a Proxy Marriage?

According to the law, a proxy marriage occurs when either one or both matrimonial parties are not present at the marriage ceremony. Another person stands in for the bride and/or groom, as a "proxy," who says the vows and so forth. One or both members of the couple might join virtually, via an online meeting platform.

That arrangement is exactly what the Immigration and Nationality Act (I.N.A.) prohibits in its language at Section 101(a)(35), stating that, "The term 'spouse,' 'wife,' or 'husband' does not include a spouse, wife, or husband by reason of any marriage ceremony where the contracting parties thereto are not physically present in the presence of each other, unless the marriage shall have been consummated."

Why Do People Choose Proxy Marriages?

Common situations where a binational couple choose a proxy marriage include where a member of the United States military is deployed overseas but wishes to marry without waiting for the next trip home; or where one member of the couple cannot travel for personal or health reasons, or because of large-scale travel restrictions, but the couple needs or wants to get married sooner rather than later.

It's not a common or readily available solution, however. Only a handful of U.S. states' laws authorize proxy marriages, and sometimes it's only available to certain people, such as members of the U.S. military.

What Evidence Will You Need to Give USCIS in a Proxy Marriage Case?

USCIS will deem the marriage to have been consummated if both members of the couple were in the same place at the same time at some point following the wedding. You do not need to provide more personal evidence of the marriage having been consummated. But this does mean that you'll have to find a way to travel to the same place, difficult though this might be in your current situation.

Of course, pregnancy or children are good proof of consummation. But this isn't biologically possible for all couples, and the conception must have taken place after the wedding.

You will also need to provide plenty of evidence that the marriage is bona fide, not a sham to get a green card. In fact, U.S. immigration authorities are likely to demand more evidence of this fact from you than of most couples, because your marriage is already unusual, and you might not have spent much time together as a couple.

Next Steps in Applying for a Green Card Based on a Proxy Marriage

For more information, see Proving a Bona Fide Marriage for Immigration Purposes. And consider getting help from an immigration lawyer, given the layer or complexity in your case or if you feel uncomfortable handling the paperwork.