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LEGAL SERVICES
By: Jennifer Fabian-Verzosa, Esq.
BEING in the military CAN POSE A UNIQUE CHALLENGE FOR COUPLES WHO WOULD LIKE TO MARRY, BUT CANNOT HAVE A CEREMONY
IN-PERSON DUE TO DEPLOYMENT.
Sometimes an active duty military member falls in love with a foreign national in the country where they are stationed. Then the deployment ends or the military member gets deployed somewhere else. Now the couple is ready to marry, but meeting again in-person for the ceremony is now much more expensive or difficult due to time constraints, military commitments, or other country marriage requirements. The couple must now look for other options to marry and be together.
Proxy Marriage
A proxy marriage is a potential solution for couples in this situation. A proxy marriage is when one or more persons are not physically present during the marriage ceremony. If both persons are not present, it is called a double proxy marriage. One or more persons will ‘stand in’ for the missing person(s) during the ceremony. Military couples are often interested in the convenience of a double proxy marriage, which is currently only legally performed in the state of Montana. There are other states that may allow for a proxy marriage, with certain requirements. However, only Montana allows for double proxy marriages.
However, a proxy marriage is but
ONE STEP in the U.S. immigration process for a spouse. U.S. immigration law requires a legally valid marriage, but has special requirements for a proxy marriage. For a proxy marriage to be recognized for immigration purposes, United States Citizenship and Immigration Services (USCIS) requires that the couple physically meet in-person after the proxy marriage. While this requirement seems to defeat the convenience and purpose of a proxy marriage, it is meant to promote the legal validity of a marriage beyond the marital contract of a proxy marriage. To USCIS, seeing each other in-person is proof of the couple’s genuine marital commitment to each other, supporting that they have a true relationship.
For any spousal immigration application, USCIS is always interested in proof that the relationship is
genuine and real. Proxy marriages are no different in that regard, and couples must be prepared to provide proof to USCIS of meeting this in-person meeting requirement after the proxy marriage, in addition to supplying other traditional evidence that the they have a real relationship and marriage.
Our IMMIGRATION LAW OFFICE is experienced in advising military couples situated anywhere in the world with how to effectively meet the immigration requirements after a proxy marriage. We provide dedicated immigration assistance to military members both in the United States and stationed all over the world! Our law office is capable of 100% remote immigration legal services, including easy Zoom and phone meetings. Email or Call us today: (619) 431-2407 | 1-888-623-5444 (Toll-Free Nationwide)
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