If you're getting married, one of the most important things to remember is to obtain your marriage license and certificate. These documents are essential for all individuals getting married, especially if you plan on changing your name after the wedding. The process of obtaining these documents varies depending on the location, so it's important to plan ahead and be aware of the specific requirements of your county or state. In this paragraph, we will discuss the general steps and requirements for obtaining a marriage license and certificate, as well as some specific examples from different locations.
Characteristics | Values |
---|---|
What is a marriage certificate? | A document that proves you got married |
What is a marriage license? | A document that legally allows you to marry |
How to obtain a marriage certificate? | Contact the vital records office in the state where you were married |
How to obtain a marriage license? | Apply at the county clerk or recorder's office in the jurisdiction where you are getting married |
Documents required for a marriage license | Proof of identity, birth certificates, certificate of divorce or death certificate, parental permission (if under 18), name change documentation |
Fee for a marriage license | Between $35 and $150, depending on the state and county |
Validity of a marriage license | Most marriage licenses expire within 30 days to a year, depending on the issuing state |
Who can obtain a marriage certificate? | The husband and the wife, or their legal representatives such as attorneys or government agencies |
Cost of a marriage certificate | Between $5 to $34, depending on the state |
Time taken to obtain a marriage certificate | Between 5 days to 16 weeks, depending on the state |
Documents required to order a marriage certificate online | Photocopy of ID, such as a driver's license or state ID |
What You'll Learn
Where to obtain a wedding certificate
If you were married in the U.S., you can obtain a wedding certificate by contacting the vital records office in the state where the marriage took place. They will be able to advise on the cost, what information you need to supply, and whether you can get a copy online, by mail, or in person.
Most of the time, you can apply for a marriage license at the county clerk or recorder’s office in the jurisdiction where you are getting married. The county clerk's office is the easiest place to go for your marriage license, and the meeting shouldn't take too long if all your documentation is in order. Generally, you and your partner must both be present at the time of the application, and you will need to show proof of identity. You may also need to bring a certificate of divorce or a death certificate if it isn't your first marriage. There is typically a fee for applying for a marriage license, so be sure to bring cash or a check.
If you were married abroad, you will need to contact the embassy or consulate of the country where the marriage took place. If the marriage took place before November 9, 1989, you will need to contact the State Department to get a copy of the Certificate of Witness to Marriage Abroad.
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What to do if you're applying for a green card
If you are applying for a green card based on your marriage, there are several steps you need to take and documents you need to gather. Here is a detailed guide on what to do:
Step 1: Establish the Marriage Relationship
The first step is to submit Form I-130, also known as the "Petition for Alien Relative", to the U.S. Citizenship and Immigration Services (USCIS). This form serves to establish that your marriage is valid and bonafide. The spouse filing this form is called the "petitioner" or "sponsor", and they must be a U.S. citizen or current green card holder. The following documents are required along with Form I-130:
- Proof of U.S. citizenship or permanent resident status of the sponsoring spouse (e.g., birth certificate, naturalization certificate, valid U.S. passport)
- Proof of a legally valid marriage (e.g., marriage certificate showing names of both spouses and the location and date of the marriage)
- Proof that the marriage is not fraudulent (e.g., joint lease, joint bank account statements, photos together)
- Proof of termination of any previous marriages for both spouses (e.g., divorce documents, death certificate of former spouse)
- Evidence of any legal name changes for either spouse (e.g., adoption decrees, court orders)
Step 2: Apply for the Green Card
The next step is to apply for the green card itself, and the process differs depending on whether the spouse seeking the green card lives in the United States or abroad.
For Spouses Living in the United States (Adjustment of Status):
The spouse seeking the green card needs to file Form I-485, known as the "Adjustment of Status" application. This form establishes the spouse's eligibility for a green card. The following documents are typically required:
- Proof of nationality of the spouse seeking the green card (e.g., birth certificate, passport)
- Proof of lawful entry and status in the U.S. (e.g., records of previous interactions with law enforcement, court records)
- Medical examination performed by a USCIS-approved doctor
- Proof of the sponsoring spouse's ability to financially support the spouse seeking the green card (e.g., tax returns, pay stubs, Form I-864)
For Spouses Living Abroad (Consular Processing):
For spouses living outside the United States, an application package needs to be filed with the National Visa Center (NVC), which will determine their eligibility for an interview at a U.S. embassy or consulate in their home country. The following documents are typically required:
- Form DS-260 (online green card application form)
- Proof of nationality of the spouse seeking the green card (e.g., birth certificate, passport)
- Police clearance certificate for the spouse seeking the green card
- Proof of the sponsoring spouse's ability to financially support the spouse seeking the green card (e.g., tax returns, pay stubs, Form I-864)
- Medical examination performed by a USCIS-approved doctor
Step 3: Attend the Green Card Interview and Await Approval
The final step is the marriage-based green card interview, which assesses the authenticity of the marriage. Questions will focus on the couple's relationship history, daily activities, and future plans together. If the interviewing officer is convinced that the marriage is genuine, the green card will be approved. The location of the interview depends on whether the spouse seeking the green card lives in the United States or abroad.
Additional Considerations:
- Processing Time: Obtaining a marriage-based green card can take an average of 9.3 months, depending on the specific circumstances.
- Cost: The government filing fees vary depending on whether the spouse lives in the U.S. or abroad. For a spouse living in the U.S., the fee is $3005, while for a spouse living outside the U.S., it is $1340. There may be additional costs, such as the medical examination fee.
- Translation of Documents: If any of the submitted documents are not in English, they must be accompanied by certified translations.
- Confidential or Restricted Marriage Records: If you have confidential or restricted marriage records, include a copy of your valid photo ID with your request for records.
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What to do if you've lost your certificate
Don't panic if you've lost your marriage certificate. The process for replacing a lost or damaged certificate is the same as getting one for the first time. There are several online resources, such as VitalChek, that make obtaining vital records easier. Check if your state or country has an option to get your marriage certificate online. If not, you should find a phone number or a link to the county clerk who can help you.
If you got married in the U.S., contact the vital records office in the state where the marriage took place. They will tell you the cost, what information you need to supply, and if you can get a copy online, by mail, or in person. If you got married abroad, contact the embassy or consulate of the country where the marriage took place. If you were married before November 9, 1989, contact the State Department to get a copy of the Certificate of Witness to Marriage Abroad.
If you've lost your marriage license before the wedding, head back to the clerk's office where you filed for it to request a duplicate. You may need to file an affidavit and pay a fee, which will vary depending on the state. If your marriage license has been signed but not returned or registered, your duplicate will need to be signed by both partners, the officiant, and any witnesses. Depending on the state, your duplicate license may need to be applied for and returned within a year of your first marriage license.
If you've lost your original marriage certificate but have a copy, you can register it. If you have a copy that shows the seals and license record number, contact the courthouse to find out what to do.
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What to do if you were married abroad
If you were married abroad, you do not need to register your marriage in the UK as long as it was legally recognised in the country where the ceremony took place. However, it is in your best interest to understand how to register your marriage in the UK, as it may streamline certain processes when you return home.
Registering Your Marriage in the UK
While there is no specific registration process for those married abroad, there are circumstances where you might need to use your foreign marriage certificate in the UK. If the certificate is not in English, you will need to have it professionally translated and certified. If your marriage certificate is issued by a place of worship, you will need this document to prove your marriage's legality in the UK.
Documents You Need to Get Married Abroad
Before getting married abroad, you will need to have a Certificate of No Impediment (CNI) and get it certified. This document declares that there is no legal obstacle to your marriage and is typically required by the country where you plan to marry. You might also need certain documents to prove you're free to marry, such as a CNI or an affirmation. You can use this service to find out what documents you'll need, how to apply for them, and how much they'll cost.
In addition to the CNI, you will also need the same documents you would for a wedding in the UK. These include full birth certificates, passports, proof of address, a decree absolute if you're divorced, and a death certificate of your former spouse if you're widowed. Also, if you have decided to change your name ahead of the wedding and have done so through a deed poll, you will need to provide a Change of Name Deed Poll document. This is crucial for marrying abroad, as it legally validates your new name on all official documents.
Legal Requirements for Marriages Abroad
For a marriage abroad to be legally recognised in the UK, the following conditions must be met:
- The marriage must be recognised as legal in the country where it took place, and the parties must have complied with the procedures and requirements of that country.
- Each party to the marriage must have the capacity to marry under the laws of the country in which they are domiciled at the time of the marriage. The country in which you are domiciled will be the country of your main permanent home or the country to which you intend to return. Capacity covers issues such as age, consent, and mental capacity.
- Any previous marriages must be terminated through divorce as per English law requirements.
- It is also important to have evidence of the marriage, which is usually the original marriage certificate. If the marriage certificate is not in English, a certified translation will be needed.
In very rare circumstances, the UK will not recognise a foreign marriage because of public policy; for example, if one party has been deceitful.
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What to do if your certificate is in another language
If your wedding certificate is in another language, you will likely need to get a certified translation of the document. This is a word-for-word translation of the certificate that is accompanied by a certificate of accuracy or a signed statement from the translator. This statement is known as a "Certificate of Translation Accuracy".
The translation must be done by a professional translator with sufficient skills in the relevant languages. It is best to use a translation company, as they will be able to provide a certificate of accuracy along with the translation. The certificate should include the translator's address and telephone number and be printed on company letterhead.
You will need to submit an electronic copy of your document to the translation provider, along with some personal details such as your name, phone number, and email address. You should also include the language of the original document and the language you need it to be translated into.
The cost of translation services varies depending on factors such as the length of the document, the specific language combination, and how quickly you need the translation. Prices can range from $20 to $130 per page, or $0.08 to $0.50 per word.
It is important to note that you cannot translate your own marriage certificate, even if you are a professional translator. Friends and family should also not be asked to do this, as it may be seen as a conflict of interest and cause for rejection.
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Frequently asked questions
You can obtain a wedding certificate by applying for one at your county clerk's office. You will need to bring valid identification, such as a driver's license, passport, or state ID card, and there may be a fee.
If you were married abroad, you will need to contact the embassy or consulate of the country where the marriage took place to obtain your wedding certificate.
If you can't find your wedding certificate, you can request a copy from the vital records office in the state where your marriage took place or from a county clerk, city or town hall, or civil registrar in the place where you were married.
If your name has changed since getting married, you will need to provide evidence of a legal name change, such as an adoption decree or court order, in addition to your marriage certificate.