Shilpa Malik 
Sabrina Saada 
Although the pandemic saw a rise in interest in proxy marriages, the concept has existed for a while. However, just because a virtual wedding is possible doesn’t mean that USCIS will recognize that wedding as a marriage-based green card. Learn the intricacies of having USCIS recognize virtual weddings, proxy marriage state rules, and more through this post. Dealing with marriage immigration can be overwhelming but it doesn’t have to be. VisaNation attorneys can take care of all of your worries and prepare your marriage application to the highest standard.
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What is a Proxy Marriage?
A proxy marriage is one way individuals who wish to get married but cannot be present in the same physical location at the same time can tie the knot. A person will stand in the place of the person not physically present and say the vows on behalf of the person missing, either through a video call, telephone, or other internet-based technology.
If both people cannot be present, then an officiant will be where the marriage is held, and the other individuals will be present virtually.
Proxy marriages are only legally binding in states that recognize them. The global pandemic has substantially increased the prevalence of proxy marriages/virtual weddings around the globe due to international travel and quarantine restrictions. In any case, you should first research your local/state laws regarding marriage validity if you are hoping to obtain immigration benefits for a spouse. Not all states will allow entirely virtual wedding ceremonies and consider the marriage legal for immigration.
Utah was the first state to issue a marriage license to a couple who had an entirely virtual Zoom wedding ceremony due to the pandemic.
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How Does a Proxy Marriage Work?
In all U.S. immigration marriage cases, the burden falls on the applicant to establish that the marriage is bona fide.
- A proxy marriage is one in which one of the individuals in the relationship cannot be present.
- A double proxy marriage is when neither individual can be physically present. This is common when one person in the relationship is in the military and is deployed, so they cannot be physically present for the marriage.
For the purposes of USCIS, a proxy marriage must be “consummated” for immigration officials to consider its validity. The requirement to “consummate” a proxy marriage refers not to the traditional act but rather to the couple physically meeting in person after the wedding, validating the union. Evidence to prove this could be:
- Travel itineraries, including flight tickets and hotel reservations.
- Dated photos of the couple together after the marriage ceremony
Having children before the marriage takes place does not satisfy the consummation requirement either. It is important to mention, however, to further establish the relationship timeline.
Section 101(a)(35) of the Act provides 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 together at the ceremony, unless the marriage has been consummated afterwards. (Note: Consummation of a marriage can only occur after the ceremony, there is no such thing as “pre-consummation” of a marriage.)
To recap, a proxy wedding will not be considered a lawful union for citizenship purposes unless the couple consummates it after the marriage union. Therefore, you do not need to show images of you “consummating” the marriage, but instead submit an affidavit affirming that it was, along with proof that you were together in the same place.
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Proxy Marriage States
Before the pandemic, proxy weddings were typically used for service members who were deployed and needed to have their marriages legally binding before coming back to the United States or could not get travel leave.
Proxy marriages are only currently legal in the following states:
- Montana
- Colorado
- Texas
- Kansas
- California.
However, it is important to keep in mind the eligibility requirements of each state:
States Allowing Proxy Marriage for Civilians:
- Kansas: One of the easiest state for a proxy marriage for non-military individuals. Kansas allows for a “single proxy” marriage, where only one party needs to be present to obtain the marriage license and for the ceremony. The absent party can be represented by a stand-in. This option is available to all individuals, regardless of residency or military status, making it a popular choice for couples in various situations, including for non-U.S. residents seeking a legal U.S. marriage.
- Montana: Known for having the most flexible proxy marriage laws, Montana is the only state that permits a “double proxy” wedding, where neither individual has to be present. To qualify for a double proxy marriage, at least one of the parties must be a Montana resident or a member of the U.S. Armed Forces. If one party is not a resident or in the military, a single proxy marriage (where one person is present) may still be an option.
States with Military-Specific Proxy Marriage Laws:
- Colorado: Proxy marriages in Colorado are primarily available to members of the U.S. Armed Forces who are stationed in another country or state in support of military operations. A key requirement is that one of the individuals getting married must be a resident of Colorado.
- Texas: Similar to Colorado, Texas restricts proxy marriages to individuals who are active-duty members of the U.S. Armed Forces and are stationed in another country for combat or other military operations.
- California: The Golden State offers a limited form of proxy marriage exclusively for members of the U.S. Armed Forces who are deployed for a conflict or war and are unable to appear for the marriage license and ceremony.
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Utah Virtual Wedding for International Couples
For international couples, logistical hurdles like travel restrictions can make marriage seem impossible. A fully online marriage process offered by Utah County, Utah, provides a potential solution.
A Utah virtual wedding is valid for U.S. immigration because it is not considered a proxy marriage. Since both partners attend the ceremony live via video, Utah law considers them legally “present.” This avoids the USCIS rule requiring consummation, which only applies to proxy marriages where a party is absent.
While the Utah process provides a valid marriage certificate, this document alone will not result in an approved immigration petition. The central requirement for any spousal visa is proving to USCIS that the relationship is authentic. Couples must prepare a substantial evidence file demonstrating a shared life and genuine commitment. This includes
- Communication records
- Photos together
- Financial co-mingling and shared assets where possible
- Affidavits from friends and family,
- And any other proof of the relationship’s history and legitimacy.
The Utah Online Marriage Process
The procedure is handled remotely through the following steps:
- Online Application: Couples submit a marriage license application directly on the Utah County Clerk’s website. No Utah residency is required.
- Identity Verification: Both parties show government-issued photo IDs (e.g., passports) to the clerk’s office during a brief, scheduled video call.
- Virtual Ceremony: A licensed Utah officiant conducts the wedding live over a video platform. Both partners and two witnesses must attend the session remotely.
- Legal Certificate: A digital, legally binding marriage certificate is issued immediately, ready for use in immigration and other legal matters.
VisaNation is not responsible for any USCIS decisions based on an online marriage. We highly advise speaking with a qualified attorney to discuss your situation before moving forward.
Documents Needed for Proxy Marriage
One of the foremost ways to show evidence of a bona fide marriage is by presenting valid documents that a relationship existed before the marriage, including:
- An affidavit
- Photos
- Hotel or plane ticket receipts,
- Written statements
So, for example, if you were married by proxy virtually and then both met in the Bahamas for your honeymoon, it would be important to show pictures, receipts, etc., from your time together there.
What Marriages Are Not Valid?
For immigration purposes, the validity of a marriage is based on the law of the jurisdiction where the marriage occurs. Thus, for example, if a same-sex couple gets married in a country that does not recognize same-sex marriage, it would not be considered a valid marriage for immigration purposes. The same goes for all other forms of marriage.
The burden of proof to establish the validity of the marriage falls on the applicant. For most cases, a marriage certificate is sufficient to submit as evidence to the U.S.
There is a list of marriages, however, that USCIS does not recognize at all. Those include:
- Polygamous marriages
- Civil unions, domestic partnerships, or other relations not recognized as marriages in the jurisdiction it occurred
- Certain marriages which violate public policy where the couple resides (i.e., incestuous marriages, underage marriages)
- Proxy marriages unless the marriage has been consummated (this cannot be bypassed by pre-consummation of the marriage)
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Alternatives to a Proxy Wedding
Rather than doing a proxy wedding, it may be simpler to do the K-1 Fiancé Visa. This enables the foreign Fiancé to get a visa to travel to the United States for marriage purposes. After marrying within the 90-day window, the Fiancé can apply for a green card through adjustment of status within the United States, along with a work and travel permit.
Frequently Asked Questions
Is proxy marriage legal in the U.S.?
Yes, single proxy marriage (one person in the relationship is not present) is legal in several states (Montana, Colorado, Kansas, Texas, and California) across the U.S. Double proxy marriage is allowed in Montana.
How does a proxy marriage work?
A proxy marriage works by someone standing in place (with power of attorney) for the person not physically present and saying the vows on their behalf. If neither of the individuals can be present, then it is considered a double proxy marriage, and the officiant will be where the marriage is held. The other individuals will be present virtually.
Does U.S. immigration accept proxy marriage?
United States immigration will accept the proxy marriage as long as the couple consummates the marriage afterward through sexual relations. This stipulation cannot be avoided by having pre-marital sex, even if a child is born out of wedlock. The other requirement is that the marriage is not for the sole purpose of obtaining immigration benefits like a green card or citizenship.
How can I prove consummating the wedding?
You can prove consummation of a wedding with a written affidavit or statement confirming an in-person reunion after the proxy wedding, along with evidence such as photos spent together and travel tickets.
How can I get married without being present?
You can get married without being present via proxy marriage. It is important to research state laws to ensure they are valid with USCIS.
Are proxy marriages recognized by the military?
A double proxy marriage is allowed if you or your fiance is an active member of the U.S. Armed Forces or you are (or your fiancé is) a resident of Montana. If your fiance is a foreign national and you are an active service member or resident of Montana, you can still have a double proxy marriage. You do need an Apostille document if your spouse is a foreign national. This document is considered a form of authentication for the marriage.
What states allow proxy marriage?
Proxy marriages are legal in Montana, Colorado, Kansas, Texas, and California. Virtual weddings are allowed in Utah. Each of these states has different requirements to satisfy, however. For example, for the proxy wedding to be allowed in Colorado, one person must be either out of state or incarcerated. California only allows members of the military deployed for war are allowed to marry by proxy. You need to contact your local government to determine whether a proxy marriage is legally recognized there.
When can I file an I-130 after the proxy marriage?
Since USCIS will not legally recognize the marriage until after consummation, you should file the I-130 petition after that point.
What can I do if I want to marry my fiance in person?
You can apply for the K-1 fiance visa so your partner can come to the United States and get married within 90 days. After getting married, your spouse could apply for an adjustment of status (for a green card) and a work permit. Should you not get married in the 90-day window, your partner must return to their home country.
Who can I consult about my proxy marriage case?
Our office has handled thousands of marriage green card cases, and we boast an incredibly high approval success rate. If you are unsure whether to go through with a proxy marriage or instead apply for a K1 fiance visa, our team can help! Give us a call to schedule a consultation, and we can explore your options together.