1. Tribal, Proxy, and Transgender Marriages
Introduction |
This topic contains information on tribal, proxy, and transgender marriages, including
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Change Date |
July 9, 2018
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III.iii.5.D.1.a. Establishing the Validity of a Tribal Marriage |
If the validity of a marriage that was allegedly celebrated in accordance with tribal custom is at issue, follow the steps in the table below to obtain facts and circumstances surrounding the marriage.
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III.iii.5.D.1.b. Definition: Proxy Marriage |
A proxy marriage is a marriage contracted or celebrated by one or more agents acting on behalf of the actual parties to the marriage.
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III.iii.5.D.1.c. Establishing the Validity of a Proxy Marriage |
The validity of a proxy marriage depends on the law of the particular jurisdiction. If at issue, request copies of any documents or certificates issued in connection with the marriage.
After development is complete, request a Regional Counsel opinion regarding the validity of the marriage under State law.
Note: No administrative decision is required.
Reference: For more information about requesting a Regional Counsel opinion, see M21-1, Part III, Subpart iii, 5.A.3.e.
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III.iii.5.D.1.d. Establishing the Validity of a Transgender Marriage |
In some jurisdictions, it is possible to establish a valid marriage for a person who
To establish the validity of a marriage under the conditions described in the preceding paragraph, request from the claimant
After development is complete, request a Regional Counsel opinion regarding the validity of the marriage under State law.
Note: No administrative decision is required.
Reference: For more information on
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Historical_M21-1III_iii_5_SecD_5-21-15.doc | May 12, 2019 | 50 KB |
7-9-18_Key-Changes_M21-1III_iii_5_SecD.docx | May 12, 2019 | 38 KB |
Change-May-21-2015-Transmittal-Sheet-M21-1III_iii_5_SecD_TS.docx | May 12, 2019 | 38 KB |
in Chapter 5 Relationship and Dependency, Part III General Claims Process, Subpart iii General Development and Dependency Issues
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