Double proxxy marriage

[pushbrk 12,814]

Please explain exactly what you mean by "double proxy marriage", including which government jurisdiction did the marriage.

[Family 3,988]

10 hours ago, Jordan_01 said:

What is the DFC process ?  I should be leaving for Montana in July but I am trying to extend until October  to  better help with the immigration process for my wife.  If I can't  extend then I would be moving quickly to the US. 

 

 I am currently in Belgium. 

I can see why you want to go to Montana, as it’s marketing double proxy marriage to military members or its own residents. While USCIS does recognize proxy marriages , if consummated …I am only aware of these 5 five states with laws on the books permitting it. 

You are fine on all counts.

 

Take advantage of DCF and exceptional circumstance and see them an email . See first link for email address and simple format 

 

 

https://be.usembassy.gov/immediate-relatives-i-130-filing-in-brussels/

 

 

Five states in the U.S. presently allow proxy marriages to be legally performed, Kansas, California, Colorado, Texas, and Montana. California, Colorado, and Texas require that one of parties must appear before the civil authorities.

 

https://fam.state.gov/fam/09FAM/09FAM010208.html

9 FAM 102.8-1(D)  Proxy Marriages 

(CT:VISA-1774;   05-24-2023)

A marriage where one or both parties was not present (proxy marriage) is not valid unless the marriage was consummated.  

(1)  Consummated:  For the purpose of issuing a visa to a “spouse,” a proxy marriage that has been subsequently consummated is valid as of the date of the proxy ceremony.  A proxy marriage consummated before the proxy ceremony is not a marriage for visa adjudication purposes unless it has been consummated subsequently.

(2)  Unconsummated:  A proxy marriage that has not been subsequently consummated does not create or confer the status of “spouse” pursuant to INA 101(a)(35).  For IV cases, a party to an unconsummated proxy marriage may be processed as a nonimmigrant fiancé(e).  A proxy marriage celebrated in a jurisdiction recognizing such marriages is generally valid another marriage in the United States is not necessary if the applicant is admitted to the United States under INA provisions other than as a spouse.  See 9 FAM 502.7-3(B) for additional information on fiancé classifications.  

 

 

https://helloprenup.com/military-wedding/what-is-a-double-proxy-militarymarriage/#:~:text=Where two people get married,it's only possible in Montana.

How are Double Proxy Marriages Legal?

How can this possibly be legal? Well, thanks to a little quirky law in the great state of Montana, any member of the Armed Forces may participate in a double proxy marriage. (And residents of Montana may also benefit from this law). As stated in Mont. Code. Section 40-1-301, both a resident of Montana and/or a member of the Armed Forces may participate in a double proxy marriage. If you are not a resident of Montana or not a member of the Armed Forces, unfortunately, you cannot get married by double proxy. 

Edited February 22 by Family

[Redro 4,611]

7 hours ago, pushbrk said:

Please explain exactly what you mean by "double proxy marriage", including which government jurisdiction did the marriage.

Double proxy is when neither party is present for the wedding. 
Many military folks based overseas go this route to marry their foreign partner so they can live together and take advantage of various dependent benefits. (Plus it is a U.S. based marriage as opposed to navigating a foreign system where neither spouse is a citizen/resident).  
USCIS recognizes proxy marriages where one or neither of the spouses was present as long as the marriage was consummated AFTER the marriage/wedding. 

Edited February 22 by Redro

[pushbrk 12,814]

3 minutes ago, Redro said:

Double proxy is when neither party is present for the wedding. 
Many military folks based overseas go this route to marry their foreign partner so they can live together and take advantage of various dependent benefits. (Plus it is a U.S. based marriage as opposed to navigating a foreign system where neither spouse is a citizen/resident).  
USCIS recognizes proxy marriages where one or neither of the spouses was present as long as the marriage was consummated AFTER the marriage/wedding. 

I understand what a double proxy marriage is.  I'm asking exactly what HE means by it and a couple other questions.

 

[pushbrk 12,814]

5 hours ago, Family said:

I can see why you want to go to Montana, as it’s marketing double proxy marriage to military members or its own residents. While USCIS does recognize proxy marriages , if consummated …I am only aware of these 5 five states with laws on the books permitting it. 

You are fine on all counts.

 

Take advantage of DCF and exceptional circumstance and see them an email . See first link for email address and simple format 

 

 

https://be.usembassy.gov/immediate-relatives-i-130-filing-in-brussels/

 

 

Five states in the U.S. presently allow proxy marriages to be legally performed, Kansas, California, Colorado, Texas, and Montana. California, Colorado, and Texas require that one of parties must appear before the civil authorities.

 

https://fam.state.gov/fam/09FAM/09FAM010208.html

9 FAM 102.8-1(D)  Proxy Marriages 

(CT:VISA-1774;   05-24-2023)

A marriage where one or both parties was not present (proxy marriage) is not valid unless the marriage was consummated.  

(1)  Consummated:  For the purpose of issuing a visa to a “spouse,” a proxy marriage that has been subsequently consummated is valid as of the date of the proxy ceremony.  A proxy marriage consummated before the proxy ceremony is not a marriage for visa adjudication purposes unless it has been consummated subsequently.

(2)  Unconsummated:  A proxy marriage that has not been subsequently consummated does not create or confer the status of “spouse” pursuant to INA 101(a)(35).  For IV cases, a party to an unconsummated proxy marriage may be processed as a nonimmigrant fiancé(e).  A proxy marriage celebrated in a jurisdiction recognizing such marriages is generally valid another marriage in the United States is not necessary if the applicant is admitted to the United States under INA provisions other than as a spouse.  See 9 FAM 502.7-3(B) for additional information on fiancé classifications.  

 

 

https://helloprenup.com/military-wedding/what-is-a-double-proxy-militarymarriage/#:~:text=Where two people get married,it's only possible in Montana.

How are Double Proxy Marriages Legal?

How can this possibly be legal? Well, thanks to a little quirky law in the great state of Montana, any member of the Armed Forces may participate in a double proxy marriage. (And residents of Montana may also benefit from this law). As stated in Mont. Code. Section 40-1-301, both a resident of Montana and/or a member of the Armed Forces may participate in a double proxy marriage. If you are not a resident of Montana or not a member of the Armed Forces, unfortunately, you cannot get married by double proxy. 

So, if I understand you correctly, you are saying that since he is in the military and only because of either that or he's already a resident of Montana, the double proxy marriage is accepted by USCIS and The Consulates, once it has been consummated?

 

If so, his lawyer must simply be unaware of this.  I certainly was.

[Family 3,988]

22 hours ago, pushbrk said:

So, if I understand you correctly, you are saying that since he is in the military and only because of either that or he's already a resident of Montana, the double proxy marriage is accepted by USCIS and The Consulates, once it has been consummated?

 

If so, his lawyer must simply be unaware of this.  I certainly was.

As the state allows for either military or Montana resident, OP does not need have to residency in the state.. 

Pre pandemic and Utah Zoom, I doubt anyone heard of proxy marriages.

[pushbrk 12,814]

4 hours ago, Family said:

As the state allows for either military or Montana resident, OP does not need have to residency in the state.. 

Pre pandemic and Utah Zoom, I doubt anyone heard of proxy marriages.

Lots of us knew about proxy marriages, and I understood what a double proxy marriage was.  What I didn't know was about the Montana difference, or for certain, what exactly the OP meant when using the term, "double proxy marriage".  Assuming the term was used correctly, they need to fire the attorney.

 

[Jordan_01 0]

5 hours ago, Family said:

As the state allows for either military or Montana resident, OP does not need have to residency in the state.. 

Pre pandemic and Utah Zoom, I doubt anyone heard of proxy marriages.

 As far as filing the I-130 do you need a passport ? My wife doesn't have a polish one  and idk how to push forward with the I-130. Is it really necessary ?  Let me know !

[Boiler 45,314]

2 minutes ago, Jordan_01 said:

 As far as filing the I-130 do you need a passport ? My wife doesn't have a polish one  and idk how to push forward with the I-130. Is it really necessary ?  Let me know !

Not now but she will soon, how long will it take her to get one?

[Jordan_01 0]

4 minutes ago, Boiler said:

Not now but she will soon, how long will it take her to get one?

How long does it take to get a passport in Poland?

around 2-3 months

A Polish passport is valid for 10 years and it takes around 2-3 months to have a Polish passport issued. In case of emergency, you can apply for a temporary Polish passport which can be issued in a couple of days, or even at the spot on the day of the appointment.

[Boiler 45,314]

She needs to apply today

[Jordan_01 0]

On 2/21/2024 at 4:41 PM, Redro said:

Are you planning on moving to the US once the petition is complete or are you based overseas for the foreseeable future?
Do you have to move quickly to the US?  
I ask because as USAF you might be able to go through the DCF process and you don’t really need a lawyer for that… 

which country are you currently in? 
 

I am currently in Belgium.  I will be going to the US  this August. 

[Wishmegoodluck 0]

How did your case go? Did you get through it successfully?