July 29, 2024

What’s the Difference Between a Proxy Marriage and an Online Marriage for Immigration Purposes?

A proxy marriage and an online marriage are distinct types of marital arrangements that cater to different needs and circumstances. For immigration purposes, there are unique differences which between the two that if not properly addressed, could result in either a denial by the United States Citizenship and Immigration Services (“USCIS”) or a refusal by the U.S. Department of State (“DOS”).

A proxy marriage is a ceremony where one or both of the parties are not physically present and are represented by somebody else (a proxy) during the ceremony. The legality of proxy marriages varies by U.S. state or jurisdiction as some states allow the marriage under certain circumstances (i.e. military personnel stationed abroad) while others do not. For immigration purposes, neither USCIS or DOS recognize the validity of a proxy marriage unless the marriage is consummated at any time following the ceremony.

An online marriage involves the parties participating in the wedding ceremony via the internet, often through video conferencing platforms (i.e. Zoom). Specifically, the State of Utah has emerged as a national leader in online marriages since the legislature enacted a law allowing parties to participate in the wedding ceremony without being physically present in Utah, provided the marriage officiant is solemnizing the marriage within the state.

In situations where the parties are physically separate during the online marriage ceremony, it is considered a proxy marriage in which the marriage is not valid for immigration purposes until the marriage is consummated. If the parties are physically together during the ceremony, the marriage is immediately valid for immigration purposes and proof of consummation is not required before filing for an immigration benefit with either USCIS or DOS.

For more information on online marriages and how they can be used to avail of U.S. immigration benefits, contact us at info@enterlinepartners.com.

ENTERLINE & PARTNERS CONSULTING

Ho Chi Minh City, Vietnam Office

146C7 Nguyen Van Huong St, Thao Dien Ward,
District 2, Thu Duc City
Ho Chi Minh City, Vietnam

Tel: +84 933 301 488
Email: info@enterlinepartners.com
Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ
YouTube: @EnterlineAndPartnersConsulting
Website: http://enterlinepartners.com

Manila, Philippines Office

LKG Tower 37th Floor

6801 Ayala Avenue

Makati City, Philippines 1226

Tel: +63 917 543 7926
Email: info@enterlinepartners.com
Facebook: Enterline and Partners Philippines
Website: https://enterlinepartners.com/language/en/welcome/

Copyright 2024. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.

Categories: Immigrant Visa, Non-immigrant Visa

Tags: online marriage, Proxy Marriage

What is a Priority Date in U.S. Immigration? A Complete Guide to the Priority Date in U.S. Immigration

USCIS To Implements the 2025 Naturalization Civics Test

EB-5 Visa Processing Time: How Long Do I Have to Wait for Approval?

EB-5 Petition and Application Fees Reduced by Court Order

our services

contact us today for more information

Latest News

Infrastructure Project, Rural Area, And Targeted Employment Area In The RIA

In the EB-5 Reform and Integrity Act of 2022 (“RIA”), three important terms are Infrastructure Project, Rural Area, and Targeted Employment Area (“TEA”). Here’s a clear explanation of each: Infrastructure Project An infrastructure project refers to a capital investment project administered by a governmental entity, such as a federal, state, or local agency. It typically involves a job-creating entity that works with a new commercial enterprise to receive capital investments from EB-5 investors. These projects are characteristically for improving public infrastructure with the added benefit of creating jobs and helping to stimulate local economic growth. Rural Area According to EB-5 regulation, areas that are within the geographic boundaries of a metropolitan statistical area are not eligible for the rural area designation, ensuring that the rural area classification is applied to regions that outside metropolitan zones and truly rural. A Rural Area excludes areas within the boundaries of cities or towns

What is a Priority Date in U.S. Immigration? A Complete Guide to the Priority Date in U.S. Immigration

The priority date in U.S. immigration is a critical concept for anyone waiting for lawful permanent residency status (“Green Card”). Because Congress sets strict annual limits on the number of immigrant visas issued in most categories, demand often outstrips supply, creating significant backlogs. Your priority date effectively acts as your “place in line” in this complex government queue. This priority date is established when the United States Citizenship and Immigration Services (“USCIS”) receives your initial petition, either the Form I-130 (for family-sponsored cases) or the Form I-140 or Labor Certification (for employment-based cases) or Form I-526/I-526E (for investor cases). Think of it as the timestamp on your ticket; until your number is called based on this date, you cannot move forward to the final stage of the immigration process. Understanding how the USCIS priority date works is vital for managing your expectations, planning your life during the wait, and knowing

USCIS To Implements the 2025 Naturalization Civics Test

The U.S. Citizenship and Immigration Services (“USCIS”) has announced an update to its Policy Manual that re-introduces a modified version of the 2020 Civics Test—now called the 2025 Naturalization Civics Test. The update, once adopted, will apply to applications for naturalization (Form N-400 Application for Naturalization) filed on or after October 20, 2025, and aims to reinforce the importance of civic knowledge, assimilation into the U.S. society, an understanding of the Constitution, laws, and founding principles of the United States. Why This Change Matters Naturalization is the process by which lawful permanent residents become U.S. citizens—gaining full rights and responsibilities in American society. Under Section 312 of the Immigration and Nationality Act (“INA”), most applicants must demonstrate both proficiency in the English language and knowledge of U.S. civics and government. The USCIS notes that strengthening these requirements is part of its broader goal to ensure that new citizens are well-prepared

What’s the Difference Between a Proxy Marriage and an Online Marriage for Immigration Purposes?

CATEGORY

contact us today for more information

Latest News