Research on Virtual Marriage

With the current pandemic situation that our country as well as the whole
world is facing, many things have already been done virtually: virtual meetings,
virtual parties, virtual hearings and many more. This will make us wonder if there is
also such a thing as a virtual marriage.

This is a research on virtual marriage. This includes example of 2 countries

which allows virtual marriage, namely California and Utah.

One question that may be raised is whether this virtual marriage is feasible
here in the Philippines. There is already a bill here in the Philippines which seeks to
allow virtual marriage here in our country. This research will tackle the said bill and
a conclusion on whether such virtual marriage is feasible here in the Philippines.

In California, Governor Gavin Newsom signed an executive order that allows

couples to get marriage licenses and even carry out wedding ceremonies online.

According to the Office of the Governor, Governor Gavin Newsom signed an

executive order today that will allow adults to obtain marriage licenses via
videoconferencing rather than in person amidst the COVID-19 pandemic.

Under the executive order, adults will be able to obtain a marriage license, at
the discretion of their local county clerk, through videoconferencing, as long as both
adults are located within the State of California, are present, and can present
identification during the video conference. The license can then be issued via email.
 Additionally, adults who wish to be married can conduct a ceremony to
solemnize the marriage via videoconference, as long as both parties are present, and
have at least one witness who can join the live video conference.

According to Berardi Immigration Law, in November 2020, Utah became the

first state to allow virtual Zoom weddings for long-distance couples seeking to get
married. This option is especially salient to cross-border couples who have been
separated for the past year and a half due to the COVID-19 travel restrictions. Utah’s
marriage option is considered a proxy marriage and allows for virtual marriages
without a residency requirement. A proxy marriage occurs where one or both of the
marrying couple are not physically present at the wedding ceremony. Due to the
chaotic COVID-19 travel restrictions and requirements, many cross-border couples
have looked into this option to get married and jump start their immigration process
throughout the COVID-19 pandemic.

Under the Immigration and Nationality Act (INA), the terms “spouse”, “wife”,
or “husband” do not include a spouse, wife, or husband by reason of any marriage
ceremony where the contracting parties thereto are not physically present in the
presence of each other, unless the marriage shall have been consummated.
Accordingly, proxy marriages are recognized under the INA, but two requirements
must be met:

1. The marriage must be valid under the law of the jurisdiction in which it is
performed; and

2. The couple (married by proxy) must consummate the relationship, which

would require both spouses to be physically together after the marriage by
proxy.
 Because Utah has announced that it will recognize weddings conducted over
zoom, the real issue for interested cross-border couples is step two: consummation
of the marriage. This rather outdated requirement under the INA complicates the
main objective of a zoom wedding, as it does require the couple to meet in person.
While the law is silent as to whether the consummation must occur inside or outside
of the U.S., the travel bans worldwide have made it difficult for couples to meet in
the same location. They would have to find a location that allows both Americans
and foreign nationals to enter unrestricted. What is even more uncomfortable, is that
the couple would need to prepare an affidavit stating the date and location of the
subsequent consummation.

Although COVID-19 travel restrictions are set to be lifted for 33 countries,

including China, Brazil, and a majority of Europe in early November, there is
another hurdle that a foreign national spouse would have to overcome in order to
join their new spouse in the U.S. – specifically, proving proper intent upon entry.
For instance, if the foreign national who was virtually married by the state of Utah
purchased a one-way ticket to the U.S. to visit his/her U.S. citizen spouse then –
rather than wait the lengthy processing times to receive a marriage based green card
– it is likely that he/she will be refused by U.S. Customs and Border Protection
(CBP). This is because a spouse of a U.S. citizen is considered an intending
immigrant due to their substantial tie to the U.S. (namely, the U.S. spouse) and would
therefore not be admitted as a visitor to the U.S.

As you can see, marrying virtually for U.S. immigration purposes isn’t the quick
and easy solution it appears to be. There are several landmines involved in this
process and couples who pursue this route should carefully plan every step and
consult with an experienced immigration lawyer to ensure they are in lawful
compliance with U.S. immigration laws along the way.
 According to PhilStar Global, a bill in the House of Representatives seeking
to allow “virtual wedding” or the solemnization of marriage through teleconference
has hurdled the committee level.

In an online meeting, the committee on revision of laws approved the

substitute bill to the proposed “Virtual Marriage Act” principally authored by panel
chair Zambales Rep. Cheryl Deloso-Montalla and Kabayan party-list Rep. Ron Salo.

The proposed measure seeks to allow couples to be wed while they are in the
same location but presence of the solemnizing officer would be remote or virtual –
given that all requirements for a valid marriage are met.

Among the requisites for a valid marriage under the Family Code is the legal
capacity of the contracting parties who freely give consent in the presence of the
solemnizing officer, which shall be allowed via virtual means under the bill.

The bill proposes that terms “presence and personal appearance” provided in
the Family Code be “broadly construed to include virtual presence.”

It defines virtual as “the use of video, audio and data transmission devices that allow
people from different physical locations to simultaneously communicate, see and
hear each other.”

The measure, however, still requires contracting parties to be physically

present together in the same location.

Proponents likened the virtual wedding to the videoconferencing done now in

meetings as well as official government proceedings, such as congressional sessions
and court hearings, amid the COVID-19 pandemic when gatherings are limited or
sometimes even prohibited.
 They cited how the current pandemic has caused the postponement and
cancellation of many wedding ceremonies because of the prohibition on mass
gatherings, observance of physical distancing and the health risks posed to everyone,
particularly to the solemnizing officers who are oftentimes senior citizens.

He also noted that the Family Code took effect in 1988 or more than two
decades ago when analog means of communication was the prevalent norm and
virtual presence was just a figment of the imagination.

Salo explained that the law should adapt to the new normal ways of living,
adding that even Congress and the Supreme Court have already adopted
videoconferencing in legislative and judicial proceedings, respectively.

He stressed that churches have been holding online masses since the
implementation of community quarantine measures to combat the coronavirus
pandemic.

“Overseas, technology allowed couples to tie the knot online. As reported, these
were done in the states of New York and Colorado, among others. Virtual marriages
between Filipino citizens abroad may be solemnized by the consul-general, consul
or vice-consul of the Philippines. It may also be officiated by priests or religious
leaders of the church they belong to even when the religious leaders are based in the
Philippines,” Salo added.
 Conclusion

Virtual Marriage is feasible in the Philippines. It is feasible in the Philippines

because under Article 3 of the Family Code, one of the formal requisites of marriage
is a marriage ceremony which takes place with the appearance of the contracting
parties before the solemnizing officer and their personal declaration that they take
each other as husband and wife in the presence of not less than two witnesses of
legal age. As long as the virtual marriage is done with the appearance of the
contracting parties before the solemnizing officer and they declare that they take
each other as husband and wife in the presence of not less than two witnesses of
legal age, and it complies to the other formal requisites of marriage as well as the
essential requisites of marriage under the Family Code, then such marriage is
feasible in the Philippines.

Furthermore, with the prevalence of the pandemic in the whole world, our
country must adapt on virtual marriages for the benefit of our countrymen who are
restricted to marry in a normal setting because of the restrictions of the government
due to the pandemic. In fact, virtual sessions are already done now in our country,
such as virtual meetings, and even government proceedings such as virtual hearings.