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?

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3 Lawyer Answers
Carlo Franco L. Borja
Carlo Franco L. Borja
Answered
  • Immigration Law Lawyer
  • Diamond Bar, CA

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
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

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.

Stephen Arnold Black
Stephen Arnold Black
Answered
  • Immigration Law Lawyer
  • Orlando, FL

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.

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