Proxy Marriage & Immigration

Many couples use proxy marriage to marry quickly when one or both spouses are in the military, abroad, or unable to meet in person. But if your goal is U.S. immigration — such as sponsoring a spouse for a green card — there are important rules you need to understand.

The Consummation Requirement

The most critical thing to know about proxy marriages and immigration is the consummation requirement.

Important: INA § 101(a)(35)

Under the Immigration and Nationality Act (INA) Section 101(a)(35), proxy marriages are not recognized for immigration purposes until the marriage has been consummated. This means the couple must have physical, in-person marital relations after the proxy ceremony before USCIS will recognize the marriage.

This rule applies to all U.S. immigration benefits, including:

  • I-130 Petition for Alien Relative (spousal green card petitions)
  • K-3 nonimmigrant visa applications
  • Adjustment of status (I-485) applications
  • Derivative beneficiary status

What "Consummation" Means

For immigration purposes, consummation requires:

  1. Physical meeting: The couple must meet in person after the proxy marriage ceremony
  2. Marital relations: The marriage must be consummated through physical intimacy
  3. Voluntary: Both parties must freely participate

It doesn't matter how long ago the proxy marriage took place — until consummation occurs, USCIS will not recognize the marriage for immigration benefits.

Common Scenarios

Scenario 1: Planning to Consummate

If you got a proxy marriage and plan to meet your spouse to consummate it before filing for immigration benefits, you should:

  • Meet your spouse in person (in the U.S. or abroad)
  • Consummate the marriage
  • Document your meeting (travel records, photos together, etc.)
  • Then file your I-130 or other immigration petition

Scenario 2: Already Filed Without Consummation

If you filed an I-130 for a spouse and the proxy marriage was never consummated, USCIS will likely deny the petition. You may need to:

  • Withdraw the current petition
  • Consummate the marriage
  • File a new petition with evidence of consummation

Scenario 3: Need to End the Marriage

If circumstances have changed and you need to end your proxy marriage before consummation, you have options. See the section below.

USCIS Interview Questions

During the green card interview, USCIS officers are trained to ask about proxy marriages. Common questions include:

  • "Was your marriage a proxy marriage?"
  • "When did you first meet in person after the marriage?"
  • "When and where was the marriage consummated?"
  • "Can you provide evidence of living together after consummation?"

Answer truthfully. Lying to USCIS is immigration fraud and can result in denial, deportation, and bars to future immigration benefits.

Ending a Proxy Marriage Before Immigration

Sometimes circumstances change. Perhaps:

  • You discovered your spouse wasn't who they claimed to be
  • Your spouse is no longer interested in the relationship
  • You married quickly for deployment reasons and regret it
  • Immigration plans fell through for other reasons

If you need to end your proxy marriage — whether or not it was consummated — Montana law provides options.

Annulment (Declaration of Invalidity)

If there was misrepresentation before the marriage (common in immigration-related proxy marriages), you may qualify for an annulment. This legally declares the marriage never existed.

Requirement: File within 2 years of discovering the misrepresentation.

Divorce

If annulment doesn't apply, divorce is available. Montana allows divorce for proxy marriages formed in the state, regardless of whether the marriage was consummated.

No time limit: You can file anytime.

Good News

Because your proxy marriage was formed in Montana, you can end it through Montana courts — even if you've never been to Montana and don't live there. Our remote process handles everything by email and mail.

Immigration Fraud Warning

Entering into a marriage primarily for immigration purposes (without intending a genuine marital relationship) is immigration fraud. This applies to proxy marriages as well as in-person marriages.

Consequences of marriage fraud include:

  • Denial of immigration benefits
  • Deportation
  • Criminal prosecution (fines and imprisonment)
  • Permanent bars to future immigration benefits

We help people end marriages that were entered into in good faith but didn't work out. We do not assist with fraud schemes.

Frequently Asked Questions

A proxy marriage can be valid for U.S. immigration purposes, but only after it has been consummated. Under INA § 101(a)(35), USCIS does not recognize proxy marriages for immigration benefits until the couple has physically consummated the marriage.

No. USCIS will not approve an I-130 spousal petition for an unconsummated proxy marriage. You must first consummate the marriage, then file the petition. If you file before consummation, the petition will be denied.

USCIS typically asks about consummation during the green card interview. They may ask when and where the marriage was consummated. Having evidence of living together after consummation (photos, travel records, shared residence documents) helps establish the marriage is bona fide.

If you need to end an unconsummated proxy marriage, you have options. In Montana, you may be able to obtain an annulment (Declaration of Invalidity) or divorce even if the marriage was never consummated. Contact us for a free review of your situation.

If your situation involves both ending a proxy marriage AND immigration concerns, we recommend consulting with an immigration attorney for the immigration aspects. We handle the Montana divorce/annulment process, but we are not immigration attorneys and cannot advise on visa or green card matters.

Need to End Your Proxy Marriage?

If your proxy marriage didn't work out — whether for immigration reasons or any other reason — we can help you end it through Montana courts.

We Offer:

  • Free case review: We'll tell you if you qualify for annulment, divorce, or both
  • Remote process: Everything handled by email and mail — no travel to Montana
  • Flat fee: $1,998 for either annulment or divorce — no surprises
  • Fast turnaround: Most cases complete in 2-4 months
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Disclaimer: This page provides general information about proxy marriages and immigration. It is not legal advice. For questions about your specific immigration situation, consult a licensed immigration attorney. For questions about ending your proxy marriage through Montana courts, contact us.

Key Takeaway

Proxy marriages are not valid for immigration until consummated. If you need to end an unconsummated proxy marriage, Montana law provides a path — even if you've never been to the state.

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