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As the title of this video suggests, we are discussing the K-3, CR-1 and IR-1 Visas; these are US Marriage Visas. We are specifically discussing these in the context of Consular and Proxy marriage. Now what are we talking about here? Let's go through this.

Consular marriage is what, this could happen actually through the Thai Embassy abroad. It is possible for two Thai nationals to marry one another at a Consulate outside of Thailand and for that marriage to be considered legally binding and valid in the Kingdom of Thailand. Now there have been cases adjudicated not specifically on Thailand to the best of my knowledge, but under similar circumstances, I believe the controlling case involves Pakistan where a couple was married at a Consulate of Pakistan in a foreign country and that marriage was then utilized as the basis for filing for Immigration benefits. Ultimately it was adjudicated that that Consular marriage was not a sufficient basis for a Marriage Visa because the marriage itself did not actually occur in a jurisdiction wherein the marriage itself was legal. So this is a Consulate in another country where the marriage is occurring. Well okay the Consular Marriage may work for the Thais but for American Immigration purposes, I am just using the Thais as an example here, for American Immigration purposes that marriage needs to be legal in that jurisdiction not in the Consulate that's in that jurisdiction, in the jurisdiction as a whole. Do if it is not a legal marriage in the rest of the jurisdiction then for purposes of US Immigration it is not going to be considered a valid marriage. 

Now we get to the issue of what is called proxy marriage. So this is marriage where you actually may be separated from your spouse or the two spouses may be separated from the jurisdiction physically that is actually issuing the marriage license. So these proxy marriages occur in many of the Western States, Montana, the Dakota's I believe do this, in fact my home state of Kansas has something akin to this, this so-called proxy marriage where you can actually get a marriage license and be considered legally married in one of the states of the United States and for purposes of Immigration, it might work. 

Now the issue during COVID that came up with respect to proxy marriage was the issue of was is called consummation and that is you have to have basically physically met and we all know what consummation means, but the issue legally is basically a physical meeting requirement in order to meet the consummation requirement associated with a proxy marriage so that that marriage can be considered the legal basis of filing for a Marriage Visa such as a K-3 Visa, CR-1 Visa or IR-1 Visa. So again, proxy marriage is possible. 

Now that the COVID restrictions are lifted proxy marriage is becoming kind of a go-to for certain categories of folks. Again it's a good idea before making any irrevocable movements with respect to legal status or Immigration status, again with regard to marriage or Immigration, it is probably a good idea to contact a legal professional, gain some insight and guidance into how best to proceed.