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Fiancee Visa

Proxy Marriages For Purposes of Obtaining a U.S. Spouse Visa

For the purpose of obtaining an immigrant spouse visa  to the U.S., a proxy marriage that has been subsequently consummated is deemed to have been valid as of the date of the proxy marriage ceremony. Proxy marriages consummated before the proxy ceremony are not recognized as valid for purposes of obtaining a spouse visa to the U.S.  The relevant law may be found at INA 101(a)(35).

However, a party to an unconsummated or prior-consummated proxy marriage may be eligible to obtain a K-1 fiancee visa in lieu of a spouse visa if the proxy marriage was celebrated in a jurisdiction recognizing such marriages. Further, if the proxy marriage is generally considered to be valid in the relevant jurisdiction, an actual marriage in the United States may not be necessary if the immigrating foreign national is admitted to the United States on other than a spouse visa.

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