Transcript of the above video:

As the title of this video suggests, we are discussing so-called proxy marriage and comparing it to the K-1 Fiancé Visas. What are we talking about here? Well I have done a number of videos in the past regarding so-called proxy marriage. What we are talking about here is there a certain states in the United States that will allow folks who are not in that state, physically present, to still be married under the laws of that state if certain prerequisites are met. 

Now this actually goes back to a time in the American West especially when it was necessary in many cases to do sort of, I really hesitate to use this term because it has such a pejorative aspect to it but bear with me for a moment, the notion of so called "mail-away brides". I am not talking about this in a particularly modern context. A really good example of this is the book, Sarah plain and tall, which was a book about a woman who long distance got into a relationship, was betrothed to man who lived out on the frontier because his wife had passed away and it was a necessity that he get remarried because he needed to maintain his homestead basically and the book is about a woman who goes through this process. So there are historical antecedents to the laws undergirding the notion of proxy marriage, the notion of getting married even before you have met that person, getting legally married so as to provide certain legal protections and benefits to that spouse who is coming to join that person out on the frontier. Now obviously times have changed in the last 150, 200 years and that is not the exigent need associated with proxy marriage now.

Proxy marriage now is more an issue associated with convenience and as we have discussed in other videos, consummation is a major element associated with proxy marriage in the context of US Immigration, so proxy marriage was not overly useful during the pandemic where travel was restricted because it didn't necessarily create any new immigration rights or benefits I should say, prospective benefits. But, in the aftermath of all of that where it is possible now to travel and the Immigration System being what it is right now where it is not in the greatest shape by any stretch of the imagination, there may be some cost benefits, some analysis that's worth doing when looking at the possibility of a so-called proxy marriage and comparing it to processing a Fiancé Visa. In the past, the Fiancé Visa through whatever quirk of the way the Immigration System worked, oftentimes was the fastest way of getting into the United States. The Immigrant Spousal Visas are catching up in terms of processing time and speed although that being said, the presence of the National Visa Center which I would liken to a sort of neo-soviet quagmire that is associated with the second half of the process of getting a spouse into the United States, oftentimes the K-1 is a far superior Visa if for no other reason than avoiding the NVC in my opinion. That said, there may be circumstances where it may be better for a couple to go ahead and like deal with a proxy marriage and then go ahead and seek an Immigrant Spouse Visa, a CR-1 or an IR-1 Visa, as opposed to a K-1 Fiancé Visa. 

Now that analysis is going to be highly circumstantially dependent and legalization of a proxy marriage for purposes of US Immigration benefits, again the analysis on that is going to be highly circumstantially dependent, so those that are looking at this and trying to make a determination comparing these two things, probably a very, very good idea, contact a legal professional, gain some insight and guidance into the best way to proceed.