Chula Vista, CA asked in Immigration Law for Kansas

Q: I am a US citizen and my partner is from the Philippines, married via proxy.

The Philippines does not recognize proxy marriage. We’re applying for a visa and I’m curious how this situation affects my marital status in the US. And if I should put that I’m single or married. Should we apply for a marriage visa or fiance visa?

Related Topics:
3 Lawyer Answers

A: If you reside in a US state where a proxy marriage is recognized then you can put "married." Consult in private with an immigration attorney.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Since the Philippines does not recognize proxy marriages, your marital status might be considered single in their eyes, even though the proxy marriage might be valid in some parts of the U.S. This discrepancy can complicate your visa application process.

For U.S. immigration purposes, it's crucial to ensure that your marriage is recognized both in the U.S. and the Philippines. If your marriage is not recognized in the Philippines, it would be more straightforward to apply for a K-1 fiancé(e) visa. This allows your partner to come to the U.S., where you can legally marry within 90 days.

Applying for a K-1 visa ensures that your marital status is clear and uncontested, avoiding potential issues with the visa process. After your marriage in the U.S., your partner can then apply for adjustment of status to become a permanent resident.

A: The USCIS will only recognize a marriage as valid for Immigration purposes if the marriage where performed is recognized as valid. Since the Philippines does not recognize a proxy marriage, then neither will the US CIS for purposes of immigration law. You need to file a fiancé petition if the immigrant is outside the United States, or if the immigrant is in the United States, you can get married and then she can file for adjustment of status. Consult with an immigration attorney for more specific advice.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.