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  1. #1
    Join Date
    Nov 2007
    Posts
    1

    Default Marriage to Mexican National Incarcerated In Texas

    I am trying to find out how to marry by proxy in TX. I am a US citizen, he is a Mexican National currently on death row. He has no social security number and obviously this marriage is not so he can obtain citizenship in any way. He has no identification, the warden will need to sign the papers approving the marriage and verifying his identity. However the courthouse is telling me we need a birth certificate and social security number, I've explained the situation to them and it's quite common in Polk County to be married by proxy, but we can't produce something we don't have. Any suggestions on how to proceed? Any help would be greatly appreicated.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Marriage to Mexican National Incarcerated In Texas

    Texas law provides,
    Quote Quoting Texas Family Code
    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) the affidavit of the absent applicant as provided by this subchapter;

    (2) proof of the identity and age of the absent applicant as provided by this subchapter; and

    (3) if required because the absent applicant is a person under 18 years of age, the documents establishing parental consent, documents establishing that a prior marriage has been dissolved, or a court order authorizing the marriage of the absent, underage applicant.
    (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:
    (1) on active duty as a member of the armed forces of the United States or the state military forces; or

    (2) confined in a correctional facility, as defined by Section 1.07, Penal Code.
    Sec. 2.007. AFFIDAVIT OF ABSENT APPLICANT.

    The affidavit of an absent applicant must include:
    [indent] (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) if the absent applicant will be unable to attend the ceremony, the appointment of any adult, other than the other applicant, to act as proxy for the purpose of participating in the ceremony.

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