Have Military Law Questions? Ask a Military Lawyer.
There are some ways.
I see you are stationed in Colorado, so I first want to find out if you have a immigration status in the U.S.
I understand that you are a resident of California and taht your Fiance is a Canadian Citizen as well.
I appologzie for taking so long.
Thanks, XXXXX XXXXX is what I was talking about.
You said you were a resident of CA, I am not sure if you meant California or Canada.
There is a way for you to get married in your circumstances. But it is a feat. Let me explain.
You indicate that you want to get married,but have the ceremony later. The problem with that is that there ALWAYS has to be some kind of ceremony. You have to be married by a commander, a judge, or religious somewhere, and that always takes a marriage license, if you want the marriage recognized in the United States, Canada or by the military. You can have another ceremony later for the relatives and or receptions as needed when you return to the states.
I know I do not have to tell you, that you are in a combat zone. BUT, the harsh reality of that is that your fiance is not going to be able to get there as a civilian. Civlian air travel is 98 percent impossible to get flying into the hot zones. It has happened though. During Desert Strom, a couple of wives showed up in Iraq, via Kuwait. AND, do you really want your future spouse coming to IRAQ for the marriage.
So this means your options are limited. (internet marriages are not recognized by any state or proviincial governement of the U.S. or Canada).
1. Phone marriage OR
2. Take a leave or R&R to a location outside of IRAQ, meeting her there, and getting married at that location. ( Depends on your units participation in R&R program or if any R&R slots are available).
3. Marriage by proxy
to coordiante the phone marriage you have to have a marriage license. To get the marriage license in the U.S., it will have to be from yoru state home of record, or the state where you were stationed.
A little known clause in the Sailers and Soldiers Relief act, allows deployed military to be represented in court by a representative or agent. This clause allows you to have a representative, with copies of your ID and Birth Certifiate, to represent you in obtaining a marraige license. Your fiance will have to gain legal entry to the U.S. through at least a tourist visa, and accompany your agent or proxy to the city hall to get the marriage license, because both of you have to be thre to get it.
NOTE: There is nothing in law that requires a court or governmetn agency to honor that clause. It is discretionary. This means that not every city hall representative or country clerk is going to recognize or allow the proxy to get your marriage license for you.
Once you have the marriage license, you only need to find an officiate to conduct the ceremony over the phone, using your proxy in the states, and you in Iraq. This is nto as easy as it sounds.
NOTE 2: Commanders are not allowed to conduct a ceremony except at sea, and in the absence of a magistrate or clergy. (the term magistrate means a JP, Judge, or officer of the court).
Once you and your fiance determine where it is you will get married: Colorado, california or Canada, then you start the task of getting the absentee marriage license, and start making arrangements for the over the phone proxy marriage. your proxy stands in for you in the U.S. for the ceremony.
Colorado Proxy Marriage Law:
Solemnization and registration.
(c) If necessary, the clerk may request additional documentary proof as to the accuracy of the facts stated.
(d) Applicants for a marriage license shall not be required to state, for any purpose, their race or color.
(e) If a marriage is to be entered into pursuant to subdivision
Section 420, the attorney-in-fact shall comply with the requirements of this section on behalf of the applicant who is overseas, if necessary.
SEC. 3. Section 355 of the Family Code is amended to read:
AFFIDAVITI acknowledge that I have received the brochure titled___________Signature of Bride DateSignature of GroomDate
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).