While proxy marriages gained popularity during the pandemic, the concept itself has been around for many years. However, the fact that a wedding can be conducted virtually does not automatically mean that the U.S. Citizenship and Immigration Services (USCIS) will recognize it for a marriage-based green card.
In this guide, the immigration attorneys at Green Card Link explain the rules surrounding proxy and virtual marriages, the specific state laws that govern them, and how they affect your immigration case. Navigating marriage-based immigration can be overwhelming, but with Green Card Link, you can move forward with confidence knowing your case will be prepared to the highest professional standards.
What Is a Proxy Marriage?
A proxy marriage allows two people to marry even if one (or both) cannot be physically present at the ceremony. In such cases, a stand-in represents the absent individual and recites their vows, often through video conferencing, telephone, or other internet-based communication tools.
If both partners are unable to attend in person, the officiant conducts the ceremony at a designated location, while both parties join virtually.
It’s important to note that proxy marriages are only legally valid in states that recognize them. During the global pandemic, the practice became more common because of travel bans and quarantine restrictions. However, before proceeding, couples must carefully review state marriage laws to ensure their union will be considered valid for immigration purposes.
For example, Utah was the first state to issue a marriage license for an entirely virtual wedding conducted via Zoom.
How Does a Proxy Marriage Work?
In all U.S. marriage-based immigration cases, the applicant bears the responsibility to prove that the marriage is genuine and legally valid.
There are two main types of proxy marriages:
- Single Proxy Marriage: One partner is physically present, while the other is represented by a proxy.
- Double Proxy Marriage: Neither partner is physically present—common among military couples where one partner is deployed.
Under U.S. immigration law, a proxy marriage is not recognized unless it has been “consummated” after the ceremony. Here, consummation refers to the couple physically meeting in person after the marriage—not the traditional sense of the word.
Evidence proving this may include:
- Travel itineraries, flight tickets, and hotel receipts;
- Photos showing the couple together after the ceremony;
- Affidavits or written statements verifying post-marriage meetings.
Having children before the marriage does not satisfy the consummation requirement. Section 101(a)(35) of the Immigration and Nationality Act (INA) explicitly defines a spouse as one whose marriage ceremony involved both parties being physically present—or one that has been consummated afterward.
Therefore, while intimate proof is not required, couples must submit an affidavit confirming that they met in person, supported by documentation.
Proxy Marriage Laws by State
Before COVID-19, proxy marriages were most commonly used by military personnel who needed a legally binding marriage while stationed abroad. Currently, only a few U.S. states permit proxy marriages, and their requirements vary:
States Allowing Proxy Marriage for Civilians
- Kansas: Allows a single proxy marriage, meaning one person can represent the other. This is open to both residents and non-residents, making Kansas one of the easiest options for international couples.
- Montana: The most flexible state, Montana allows double proxy marriages, where neither partner must be present. However, one party must either be a Montana resident or a member of the U.S. Armed Forces.
States with Military-Specific Proxy Marriage Laws
- Colorado: Allows proxy marriages primarily for military personnel stationed away from the state.
- Texas: Permits proxy marriages only for active-duty military members serving abroad.
- California: Offers limited proxy marriage rights for deployed members of the U.S. Armed Forces who cannot appear in person.
Utah Virtual Weddings for International Couples
For international couples separated by distance or travel barriers, Utah County’s fully online marriage process offers a practical and immigration-compliant solution.
A Utah virtual wedding is valid for U.S. immigration purposes because both partners participate live via video, making them legally “present” under state law. This distinction is crucial—it means the union is not classified as a proxy marriage, and therefore does not require post-marriage consummation.
To qualify for immigration benefits, couples must still demonstrate that their marriage is bona fide—that is, genuine and based on a real relationship. Evidence should include:
- Photos and communication records;
- Financial documents showing shared assets;
- Affidavits from family or friends;
- Proof of an ongoing relationship.
Steps for a Utah Online Marriage
- Apply Online: Submit a marriage license application through the Utah County Clerk’s website. No residency requirement applies.
- Verify Identity: Both partners must show valid photo IDs during a short video call.
- Attend Virtual Ceremony: A licensed Utah officiant performs the wedding live with both partners and two witnesses attending remotely.
- Receive Legal Certificate: A digital marriage certificate is issued immediately and is legally valid for immigration and other official uses.
At Green Card Link, its immigration attorneys strongly recommend consulting a qualified professional before proceeding with a virtual marriage to ensure compliance with USCIS standards.
Documents to Prove a Bona Fide Marriage
To validate a marriage for immigration, couples should provide solid documentation demonstrating the authenticity of their relationship. Examples include:
- Affidavits from the couple and witnesses;
- Photos before and after the ceremony;
- Travel records such as hotel receipts or flight confirmations;
- Correspondence or written statements evidencing a continuous relationship.
For instance, if you had a virtual proxy wedding and later met in the Bahamas for your honeymoon, proof such as photos, receipts, and travel itineraries would strengthen your case.
Marriages Not Recognized by USCIS
USCIS determines marriage validity based on the laws of the jurisdiction where the marriage occurred. Therefore, marriages that are not legally valid in their location will not be recognized for immigration. Examples include:
- Polygamous marriages;
- Civil unions or domestic partnerships not considered marriages under local law;
- Marriages violating public policy, such as incestuous or underage marriages;
- Proxy marriages that have not been consummated post-ceremony.
Same-sex marriages are valid only if performed in jurisdictions that legally recognize them.
Ultimately, the burden of proof lies with the applicant. In most cases, a marriage certificate is sufficient, but supporting evidence is essential when special circumstances—like proxy or virtual weddings—apply.
Alternatives to a Proxy Wedding
Instead of going through a proxy wedding, many couples find it easier to apply for a K-1 Fiancé Visa. This visa allows the foreign fiancé to legally enter the United States for the purpose of marriage. Once the couple marries within the required 90-day period, the foreign spouse can apply for a green card through adjustment of status, along with obtaining work and travel authorization.
Frequently Asked Questions About Proxy Marriage and Immigration
Is a proxy marriage legal in the United States?
Yes. A single proxy marriage—where one partner is not physically present—is recognized in several U.S. states, including Montana, Colorado, Kansas, Texas, and California. However, a double proxy marriage, in which neither individual is present, is legally permitted only in Montana.
Is a proxy marriage legal in the United States?
In a proxy marriage, one partner designates another person to stand in for them under a power of attorney. This proxy recites the marriage vows on their behalf. If both individuals are absent, the arrangement is known as a double proxy marriage, with the officiant conducting the ceremony while the couple participates virtually.
Does U.S. immigration recognize proxy marriages?
Yes—U.S. Citizenship and Immigration Services (USCIS) recognizes a proxy marriage only after the marriage has been consummated through physical relations between the spouses. This requirement cannot be met through pre-marital relations, even if a child was conceived before the wedding. USCIS also mandates that the marriage must be entered into in good faith, not solely for immigration or green card benefits.
How can I prove that the marriage was consummated?
Proof of consummation may include a sworn affidavit or statement confirming the couple’s in-person reunion following the proxy wedding. Additional supporting evidence can include photos together, hotel receipts, travel itineraries, or flight tickets showing that the couple spent time together after the ceremony.
Can I get married without being physically present?
Yes, you can. A proxy marriage makes it legally possible to get married even if one or both partners cannot be physically present. However, it’s crucial to verify the laws of the state where the marriage will take place to ensure it is valid for USCIS recognition.
Are proxy marriages recognized by the U.S. military?
Yes, in specific cases. A double proxy marriage is permitted if one or both partners are active-duty members of the U.S. Armed Forces or residents of Montana. If one partner is a foreign national, an Apostille document will be required to authenticate the marriage certificate for use internationally.
Which U.S. states allow proxy marriages?
Proxy marriages are recognized in Montana, Colorado, Kansas, Texas, and California, while Utah allows virtual weddings. Requirements differ by state—for example, Colorado allows a proxy wedding only if one person is out of state or incarcerated, while California restricts proxy marriage to military members deployed to war zones. Always consult your local county clerk or state authorities before proceeding.
When can I file the I-130 petition after a proxy marriage?
Because USCIS does not recognize the marriage until after consummation, couples should file Form I-130 only after they have physically reunited and can provide proof of consummation.
What if I prefer to marry my fiancé in person?
Couples who wish to marry in person can apply for the K-1 Fiancé Visa, allowing the foreign fiancé to come to the U.S. to marry within 90 days of arrival. After the wedding, the spouse may apply for adjustment of status (to obtain a green card) and a work permit. Failure to marry within the 90-day window will require the fiancé to return to their home country.
Who can I consult about a proxy marriage or K-1 visa case?
At Green Card Link, our experienced immigration attorneys have successfully handled thousands of marriage-based green card cases with a strong approval record. If you’re unsure whether to pursue a proxy marriage or a K-1 fiancé visa, contact Green Card Link today to schedule a consultation. Our knowledgeable immigration attorneys will guide you through your options and help you choose the best path forward.