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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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Can I marry my fiancee by proxy if I am in Australia and he

Customer Question

Can I marry my fiancee by proxy if I am in Australia and he is a veteran in texas usa?
JA: The Family Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.
Customer: Both of us are free to marry. He is US citized...I am Australian. We are waiting for his immigration to Australia to be finalized
JA: Anything else I can tell the Family Lawyer before I connect you two?
Customer: Both aged 60 and 61 years old. No family commitments.
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and connect you two.
Submitted: 8 months ago.
Category: Family Law
Expert:  Samuel II replied 8 months ago.
HelloTexas will allow a Marriage Certificate to be granted in Proxy. But the marriage cannot be performed in Proxy;l first because you are no a US citizen or on a visa and second because you are not an inmate in prison. You can read the Texas statute here and read 2.006 and 2.007 which state as follows: Sec. 2.006. ABSENT APPLICANT. (a) If an applicant is unable to appear personally before the county clerk to apply for a marriage license, any adult person or the other applicant may apply on behalf of the absent applicant.(b) The person applying on behalf of an absent applicant shall provide to the clerk:(1) notwithstanding Section 132.001, Civil Practice and Remedies Code, the notarized affidavit of the absent applicant as provided by this subchapter;(2) proof of the identity and age of the absent applicant under Section 2.005(b); and(3) if required because the absent applicant is a person under 18 years of age, documents establishing that a prior marriage has been dissolved, a court order authorizing the marriage of the absent, underage applicant, or documents establishing consent by a parent or a person who has legal authority to consent to the marriage, including:(A) proof of identity of the parent or person with legal authority to consent to the marriage under Section 2.005(b); and(B) proof that the parent or person has the legal authority to consent to the marriage for the applicant under rules adopted under Section 2.102(j).(c) Notwithstanding Subsection (a), the clerk may not issue a marriage license for which both applicants are absent unless the person applying on behalf of each absent applicant provides to the clerk an affidavit of the applicant declaring that the applicant is a member of the armed forces of the United States stationed in another country in support of combat or another military operation. Sec. 2.007. AFFIDAVIT OF ABSENT APPLICANT. The affidavit of an absent applicant must include:(1) the absent applicant's full name, including the maiden surname of a female applicant, address, date of birth, place of birth, including city, county, and state, citizenship, and social security number, if any;(2) a declaration that the absent applicant has not been divorced within the last 30 days;(3) a declaration that the absent applicant is:(A) not presently married; or(B) married to the other applicant and they wish to marry again;(4) a declaration that the other applicant is not presently married and is not related to the absent applicant as:(A) an ancestor or descendant, by blood or adoption;(B) a brother or sister, of the whole or half blood or by adoption;(C) a parent's brother or sister, of the whole or half blood or by adoption;(D) a son or daughter of a brother or sister, of the whole or half blood or by adoption;(E) a current or former stepchild or stepparent; or(F) a son or daughter of a parent's brother or sister, of the whole or half blood or by adoption;(5) a declaration that the absent applicant desires to marry and the name, age, and address of the person to whom the absent applicant desires to be married;(6) the approximate date on which the marriage is to occur;(7) the reason the absent applicant is unable to appear personally before the county clerk for the issuance of the license; and(8) the appointment of any adult, other than the other applicant, to act as proxy for the purpose of participating in the ceremony, if the absent applicant is:(A) a member of the armed forces of the United States stationed in another country in support of combat or another military operation; and(B) unable to attend the ceremony.

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