Canadian-American couple who wed over FaceTime devastated that Canada won't recognize marriage

A Canadian-American couple weredevastatedto discoverthat Canada won't recognizetheir marriage, performed with only the groom present at the weddingwhile the bride participated viaFaceTime.

"It broke my heart," said Lauren Pickrell, 35, of Windsor, Ont. She has been separated from her American partner, Mark Maksymiuk, since early March due to COVID-19 travel restrictions.

The couple had hoped that by getting married, they could reunite in Canada, which allows American spouses to enter the country.

"I had really high expectations because I felt in my heart that we did everything right," Pickrellsaid.

She and Maksymiuk, 32, were legally married on July 6 and have a valid marriage licencefrom the state of Kansas.

The catch is that only Maksymiuk was physically present at the officialwedding ceremony in Kansas City, Kan. Pickrelllaterparticipated via FaceTime in an informal ceremony for the couple, held at a chapelin neighbouringKansas City, Mo. Kansas City straddles the two states.

U.S. immigration law will recognizemarriages in whichonly the bride or groom was physically present at the ceremony known asa proxy marriage oncethecouplephysicallyunite.

Canada, however, is not on board. Maksymiuksaid he discovered this when he tried to enter the country and explainedthe details of his proxy marriage when questioned by a border officer.

"His exact words were, 'You know, we don't view this type of marriage as valid,'" said Maksymiuk, who was denied entry to Canada. "I was crying. I broke down."

Proxy marriages legal in Kansas

Maksymiuk lives in Royal Oak, Mich., about 26 kilometres from Pickrell's home in Windsor. Despite the short distance, the couple remainapart.

To help stop the spread of COVID-19, Canada has banned foreigners from entering for non-essential travel. On top of that, the U.S. land border is closed to Canadian visitors. Canadians can still fly to the U.S., but Pickrell said she can't get enough time off work right now to traveland then self-isolate for two weeks upon her return.

Canada recently loosened its travel restrictions to allow immediate family to enter, including spouses and common-law partners.

Committed couples who don't meet the criteria have scrambledfor solutions, including marriageif they can get to the same location.

Pickrell and Maksymiuk searched for a possible alternativeand discovered a little known fact: Couples can legally marry in Kansas in a proxy ceremony.The two decided to give it a shot.

"If you really love someone, you do whatever it takes," Pickrellsaid.

Henry Chang, a businessimmigration lawyer in Toronto,said Kansas wounduplegalizing proxy marriages by neglecting to spell out in the law who must attend the wedding.

"They just forgot to mention that both parties had to be present in order for the ceremony to be legal," said Chang, a partner with the law firmDentons.

"Because of that, it's implied that you can get away with it."

Groom denied entry into Canada

To seal the deal, Maksymiuk flew to the state of Kansas, where he obtained a marriage licence and attended a proxy ceremony in Kansas City, Kan.,set upby Your Magical Day wedding chapel, which specializes in proxy marriages. Your Magical Day then held an informal ceremony for the couple at a nearby chapel in Kansas City, Mo.

"It's in a strip mall," Maksymiuksaid. "It almost feels like you're walking into a doctor's office, but there's, like, ribbons and bows and stuff on the wall."

Pickrell appeared via FaceTime on an iPad. At the time, she was at her job as a kitchen supervisor at a restaurant just outside Windsor. Her boss and co-workers joined her for the ceremonywhile her familytuned in from Montreal.

"It was perfect," Pickrellsaid. "I never wanted to have a big wedding."

But things fell apart five days later at the Detroit-Windsor border when Maksymiuk tried to enter Canadaand was denied entry.

"It was absolutely devastating," he said.

In 2015,Immigration, Refugees and Citizenship Canada (IRCC) stopped recognizing proxy marriagesunless the bride or groom is a member of the Canadian military.

IRCC told CBC News that it made the change due to concernsthat proxy marriagescould involvean unwilling spouse who never consented.

Maksymiuk said the government'sposition is frustrating, as he and Pickrell have been in a committed relationship for almostfive years.

"It doesn't seem right or fair."

What are theoptions?

Chang, the Toronto lawyer, said Maksymiuk would likely be allowed to enter Canada if he and Pickrell redo their wedding ceremony in the U.S. together.

"Unfortunately, that's the only way to save it."

Because that's currently not an option, the couple hopes the federalgovernment will broaden its immediate family exemptions to allow more couples to reunite.

"It's a difficult time to be alone, and they need to recognize that," Pickrellsaid."Love is essential and love is not tourism."

Ever since the government introduced its immediate family exemptions in June, it has faced pressure from separated families and couples who don't meet the criteria.

The Public Health Agency of Canada told CBC News last week that it's reviewing its definition of immediate familywhile still keeping in mind the risks posed by international travel during the pandemic.

Meanwhile, Pickrell and Maksymiuk say they have no regrets about their proxy marriage, which allowed them to celebrate their love albeit remotely.

"It made me really happy," Pickrellsaid. "Mark is my husband. No one can tell me different."