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Can I Get Married to My Fiancée Online?

Transcript of the above video:

As the title of this video suggests, we are asking the question: "Can I marry my fiancée online?" The short answer and believe me don't leave this video just after the short answer is "possibly depending on the jurisdiction you are dealing with". There are some states in the US for example that are allowing what are called proxy marriages; depending on the jurisdiction that may be allowed. Now I am taking this video from the standpoint of US Immigration benefits. There are a number of other tangents you can go off on where an "online or proxy marriage" does not grant all the benefits that one thinks of when you are thinking of a marriage. So I am taking this from a US Immigration standpoint but understand, although you may be legally married in a given state, that may not be recognized for even federal benefits as I will get into here as well as other recognition maybe state to state depending on certain circumstances. Again this is an interesting area of the law because it is a little bit nebulous. Long story short, there is a lot of information regarding marriage online in the context of US Immigration.

This is from the Adjudicator's Field Manual; this is from uscis.gov and under Precedent Decisions relating to Spouse Petitions: In addition to the decision cited in 21.2 (h) which apply to I-130 petitions in general, the following precedents apply to petitions filed for a spouse. Matter of B5 INN decision 698 B.I.A 1954 a proxy marriage must be consummated to be valid for benefits under the Immigration Nationality Act. Then further, again in this Adjudicator's Field Manual: Adequacy of Evidence. (A) Law of the Land, exceptions under Section B here it says “although the Law of the Land generally governs the validity of a relationship, it does not follow that all legal relationships will confer benefits under the Act. For example, a marriage contracted solely for the purpose of gaining Immigration benefits and not intended to create a life together as man and wife, though valid in the place where contracted is not valid for benefits under the Act and a proxy marriage is not considered valid under the Act unless consummated. “

So, moving through Relevant Provisions here. Then under Proxy Marriages specifically, Section 101(a) (5) of the Act, (that is Immigration and Nationality 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 marriage can only occur after the ceremony. There is no such thing as pre-consummation of a marriage. Then finally section 201(b) of the Act covers aliens exempt from numerical limitations and includes "immediate" relatives of United States citizen's spouse which is not really a defined term under the Act or regulations though Section 101(a) (35) of the Act does exclude spouses acquired through unconsummated proxy marriages. 

So long story short, in theory one can marry one's fiancé online and not be physically present together during that ceremony. However, if you are looking for Immigration benefits arising from that union then you can have a real problem with that from the standpoint of US Immigration if the marriage is unconsummated. Again, there is no pre-consummation; you can't consummate before having the ceremony. It has to happen in that specific order so again physical presence for the marriage is basically still required for US Immigration benefits purposes.