In order to apply for a marriage-based green card with an online or proxy marriage, the marriage must be consummated in the United States in a state where officiants are legally allowed to perform marriages through video conference. (U.S. Department of State, 9 FAM 102.8-1(D)).
As of 2025, Utah is the only U.S. state that allows a fully remote marriage, meaning that both parties can be remote and do not require a third party to stand in. Parties must apply for marriage licenses in Utah County. Individuals are not required to live in the state of Utah. However, couples married by remote appearance must use a marriage license issued by Utah County before the online ceremony (Official Website of Utah County Government). Parties must have at least two witnesses over the age of 18 appear in the live video during the ceremony. Couples and witnesses do not need to be in the same location to participate in the ceremony. ID verification is required by both parties as well as the witnesses before the ceremony begins (Utah County). Marriage licenses are only valid for 32 days before they expire and must be reapplied for (Utah State Courts).
Once an online or by proxy marriage is consummated, it is considered valid for immigration purposes, and the applicants may proceed to complete Form I-130, Petition for Alien Relative. This form is for U.S. citizens, lawful permanent residents, or U.S. nationals to petition for their spouse to receive a green card (USCIS). Proxy or online marriage must be consummated to be considered a valid marriage. Petitioners must also fill out Form I-864, Affidavit of Support Under Section 213A of the INA. Form I-864 states that the petitioner has sufficient means to support their spouse. The beneficiary, or non-U.S. citizen spouse, has the option to fill out forms I-485 Application to Register Permanent Residence, I-765 Application for Employment Authorization, and I-131 Application for Travel Document, and include supporting documents. These documents include a medical examination, proof of the validity of marriage, documents demonstrating financial stability, and more. Once the National Visa Center (NVC) has all the required documents, it will schedule an interview appointment with the applicant. The NVC will submit all documents to the U.S. Embassy or Consulate where the applicant will be interviewed.