What is a Proxy Marriage?

Proxy marriages, which take place when one or both parties to a marriage are not present at the ceremony itself, have long been a topic of intrigue and curiosity in the context of immigration even for seasoned immigration attorneys. One classic example is when one member of the couple serves in the U.S. military and is stationed overseas. Another scenario might involve a party who can't travel but wishes to wed their partner promptly. 

Online marriages, while on the rise, do not gain recognition within immigration law unless the involved parties establish consummation. Additionally, for any marriage, whether proxy or traditional, to be acknowledged by immigration authorities, it must genuinely exist and not be entered into solely to obtain a green card. INA §204(c) imposes a lifetime bar on approving a new petition for a beneficiary previously implicated in marriage fraud.

Where are Proxy Marriages Recognized?

While these marriages are valid in only a few states, they often raise questions concerning their recognition, especially in the realm of immigration and citizenship. It is crucial to review local and state regulations before embarking on a proxy marriage, particularly for purposes of immigration. Certain states maintain requirements stipulating that marriages must be conducted in person to be legally recognized, which holds significance in the context of marriage-immigration procedures.

Presently, Utah stands as the sole state permitting entirely virtual marriage ceremonies. While the officiant must be physically present in Utah, individuals seeking marriage need not be residents of the state. This unique provision can be particularly advantageous for immigrants facing complete separation due to cultural limitations presenting a viable option before initiating the process of applying for a spousal visa.

Is the Legitimacy of Same-Sex Marriage Recognized in Immigration Matters?

If the location where the same-sex marriage ceremony occurred recognizes the union, the U.S. government will also acknowledge it for immigration purposes. In cases where the same-sex couple resides in a jurisdiction different from the one where the marriage ceremony took place, and that jurisdiction doesn't validate proxy marriages, immigration authorities will conduct a complimentary assessment based on the laws of the state where the marriage was solemnized to determine its validity.

This same legal principle applies to cases involving proxy marriages that include transgender individuals in the marriage-immigration context.

Proxy Marriages in the Eyes of Immigration Law

When it comes to U.S. immigration law, the legitimacy of proxy marriages requires more scrutiny. The Immigration and Nationality Act (I.N.A.) Section 101 (a)(35) mentions that for the terms 'spouse,' 'wife,' or 'husband' to apply, the marriage should not be one where the parties weren't physically present together during the ceremony unless the marriage was later consummated.

To break it down, while a proxy marriage does not automatically make the union lawful for citizenship purposes, it can still be used to sponsor a spouse for a green card, provided certain conditions are met. One pivotal condition is the consummation of the marriage after the proxy ceremony.

Definitive proof of consummation is not strictly required by immigration authorities. Rather, evidence of the two parties physically being together after their proxy marriage, coupled with an affirmation of consummation, is generally deemed sufficient. Remarkably, traditional marriages do not necessitate consummation to meet the bona fide marriage criteria. In the case of Matter of Peterson (12 I&N Dec. 663, BIA 1968), even an elderly couple living in separate bedrooms without engaging in sexual intercourse could still demonstrate a bona fide marriage. Furthermore, a marriage retains its bona fide status even if it becomes non-viable due to separation resulting from marital discord, as established in Matter of McKee (17 I&N Dec. 332, BIA 1980).

How to Prove Consummation of a Proxy Marriage

Establishing that a proxy marriage was consummated post-ceremony can be awkward, to say the least, and challenging. The USCIS isn't looking for graphic evidence. Instead, both members usually need to provide an affidavit or personal statement confirming the relationship's consummation as well as other ways of capturing evidence that an experienced family immigration attorney would have in their toolbox of skills. 

Supplementary evidence, such as hotel bills, airline tickets, and honeymoon photographs, can also help affirm their claim. An affidavit gains more strength when the couple can demonstrate an ongoing relationship before the marriage. This can be through past meetings, communication records, or any other proof showcasing a genuine relationship, minimizing the chances of it being labeled a sham for visa purposes.

However, while evidence like having a child together can bolster the claim of a genuine relationship, it doesn't automatically meet the consummation criteria. To solidify the validity of a proxy marriage for immigration purposes, it's imperative to provide evidence that indicates the marriage's consummation post-ceremony.

Case Study: Overcoming Denial Through Meticulous Preparation

Mohammed, a U.S. citizen, and Fatima, a foreign national, entered into a proxy marriage in a jurisdiction where such marriages are legally recognized. Mohammed filed an I-130 petition for Maria without legal assistance, believing that the proxy marriage was sufficient evidence of their bona fide relationship. The petition was denied by USCIS, citing concerns about the evidence provided.

Unique Challenges

While the proxy marriage is legally valid in the jurisdiction where it took place, USCIS raised concerns about the sufficiency of evidence demonstrating the bona fide nature of Mohammed and Fatima’s relationship. This case emphasizes the need for meticulous preparation to overcome doubts regarding the authenticity of the marriage.

Role of the Immigration Attorney

Legal Assessment

• Mohammed sought the assistance of an immigration attorney after the denial. The attorney conducted a thorough legal assessment to identify the specific reasons for the denial and the evidence required to address USCIS concerns.

Addressing Bona Fide Relationship Concerns

• The attorney worked with Mohammed to gather additional evidence showcasing the bona fide nature of the relationship. This included communication records, joint financial documents, and proof of visits or other shared experiences despite the physical distance.

Proof of Consummation and Affidavits:

• Recognizing the skepticism surrounding proxy marriages, the attorney assisted Mohammed in collecting evidence of the consummation of the marriage. Affidavits from friends, family, and other relevant parties were prepared, providing statements attesting to the authenticity of the relationship.

Crafting a Comprehensive Response

• The attorney prepared a comprehensive response to USCIS, addressing the specific concerns raised in the denial notice. The response included a detailed explanation of the legal validity of the proxy marriage and a thorough presentation of the additional evidence gathered.

Minimizing Delays

• Understanding the importance of minimizing delays, the attorney ensured that the response to USCIS was submitted promptly and met all the requirements. This proactive approach aimed to expedite the reconsideration process and prevent unnecessary delays.

Outcome

Due to the meticulous preparation and the presentation of strong evidence, USCIS approved the I-130 petition upon reconsideration. The attorney's expertise not only addressed the concerns related to the proxy marriage but also helped avoid unnecessary delays, ensuring that Maria could join John in the U.S. without prolonged separation.

Proxy marriages might not be mainstream, but they serve a purpose in specific scenarios such as for many of our Muslim clients. When it comes to immigration, the U.S. government mandates substantial evidence from both parties before considering awarding a green card based on such a union. Should you or your loved one have any questions or need representation, please do not hesitate to call us, email us at info@khunkhunlaw.com or review other options to get in touch with us for an immigration consultation. We have represented many clients with successful results even with the most difficult set of facts.