George Boyle
Marriages performed legally abroad are typically valid in the United States, provided they adhere to the laws of the country where the marriage took place. However, it is important to note that civil unions or domestic partnerships are not recognized as marriages under US immigration law. Consular officers may authenticate foreign marriage documents, but they do not perform marriages. Couples intending to marry abroad should consult the US embassy in the country of their intended marriage to understand the specific requirements and processes. Proper documentation, translation of marriage certificates, and adherence to local laws are crucial for the recognition of traditional weddings by US embassies.
| Characteristics | Values |
|---|---|
| Marriages performed on the premises of an American embassy or consulate | As a rule, marriages are not performed on the premises of an American embassy or consulate |
| Recognition of marriages performed abroad | Marriages performed legally in other countries are legal marriages in the United States |
| Recognition of marriages performed on a vessel on the high seas | Consular officers should not give legal advice or a general statement about the validity of these marriages |
| Recognition of marriages by US authorities for immigration purposes | Only civil marriages are recognized, provided a marriage certificate has been issued by recognized authorities at a local or national level |
| Marriages recognized by USCIS | Same-sex marriages; not polygamous, underage, or civil union relationships, proxy marriages, or relationships for purely immigration reasons |
| Requirements for validity of foreign documents abroad | Additional authentication with the Hague Apostille and an official translation in the language of the country where the documents will be used |
| US documents required for use in Spain | Additional authentication with the Hague Apostille and an official Spanish translation |
| US documents required for use in the US | Additional authentication with the Hague Apostille and an official English translation |
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What You'll Learn
- Marriages performed abroad are valid in the US if they follow local laws
- US embassies cannot perform marriages
- Foreign marriage certificates may need to be authenticated by an apostille in the US
- US citizens marrying abroad may need an affidavit of eligibility to marry
- Marriages involving a non-US citizen may need a green card application
Marriages performed abroad are valid in the US if they follow local laws
Marriages performed abroad are valid in the US as long as they follow local laws. However, it is important to note that the process of getting married abroad can be complex due to the varying marriage laws in different countries. It is advisable to consult with local officials or a family law attorney to ensure that all legal requirements are met.
When getting married abroad, it is essential to understand the specific requirements of the country in question. Some countries may have residency requirements, which means there could be a long waiting period before the wedding can take place. Most countries will require proof of identification and nationality, such as a valid passport, birth certificate, divorce decrees, and death certificates of former spouses. In some cases, documents may need to be authenticated by an apostille, which is a type of certification that allows a document from one country to be accepted in another.
It is worth noting that US embassies and consulates cannot perform marriages in foreign countries. Marriages are typically performed by local civil or religious officials. However, embassies and consulates can provide information about the marriage laws of the respective country and may be able to assist with certain documentation, such as an affidavit of eligibility to marry.
Upon returning to the US, there is no requirement to register a foreign marriage with any US authority. Marriages that are legally performed abroad are automatically recognized as valid in the US. However, for practical purposes, such as changing one's name on official documents, it may be necessary to present a foreign marriage certificate to the relevant authorities.
In conclusion, marriages performed abroad are valid in the US as long as they comply with the local laws of the country in which they take place. It is important to be aware of the specific requirements and laws of the country in question to ensure that the marriage is legally recognized.
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US embassies cannot perform marriages
US embassies and consulates abroad frequently have information about marriage in the country in which they are located. However, as a rule, marriages are not performed on the premises of an American embassy or consulate. The validity of marriages abroad is not dependent upon the presence of an American diplomatic or consular officer, but upon adherence to the laws of the country where the marriage is performed.
Consular officers may authenticate foreign marriage documents, but they do not authenticate signatures and seals on documents regarding marriages performed on board a vessel on the high seas. This includes marriages performed on US-owned vessels and US-registered or US-owned vessels registered in a foreign country.
In general, marriages that are legally performed and valid abroad are also legally valid in the United States. However, the United States government cannot attest to your marital status. If you need a document notarized abroad, you can make an appointment at a US embassy or consulate.
If you are a US citizen outside of the United States and are being forced into a marriage, or are unable to return home to the United States over the objection of your parents, other family members, your fiancé, or spouse, you can contact the US embassy or consulate for your destination.
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Foreign marriage certificates may need to be authenticated by an apostille in the US
US citizens who get married abroad do not need to register their marriage in the US. All marriages that were legal in the country where they took place are automatically recognized by the US.
However, if you are asked to provide a marriage certificate for legal purposes overseas, you may need to get your marriage certificate certified, authenticated, or apostilled. An apostille is an authentication of a public document issued under the 1961 Hague Convention, which simplified the certification of public documents to be used in countries that have joined the convention. If the destination country is a member of the 1961 Hague Convention, your document falls under the Apostille process. If it is not a member of the Hague Convention, your document is required to go through the Authentication process.
The Department of State authenticates public documents issued in New York State and signed by a New York State official or county clerk. The New York State Department of State issues Apostilles or Certificates of Authentication, which are one-page documents with a blue laser-printed facsimile of the New York Department of State Seal and the facsimile signature of the New York Secretary of State or his/her deputy.
For a marriage certificate, you will need to obtain a certified copy of your marriage certificate, which usually carries a raised, embossed, impressed, or multicolored seal. Then, depending on the destination country, you will need to get it certified with an apostille or authentication by the Secretary of State. For non-Hague Convention countries, you may need to get it certified with authentication by the Secretary of State and then by the Department of State.
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US citizens marrying abroad may need an affidavit of eligibility to marry
The process of getting married abroad can be time-consuming and expensive, and requirements vary from country to country. Marriages performed abroad are generally valid in the United States as long as they were legally performed under local law. However, US citizens marrying abroad may need an affidavit of eligibility to marry, also known as a certificate of celibacy, which proves that they can legally enter into a marriage contract. This is because the United States does not have certificates of celibacy.
An affidavit of eligibility to marry is a sworn statement executed like any other affidavit or notarized statement. US citizens marrying abroad must sign this affidavit under oath at an American embassy or consulate in the country in which the marriage will occur, stating that they are free to marry. There is a fee for the American consular officer's certification of the affidavit. While the embassy or consulate official may not attest to the marital status of a US citizen, they may witness your signature on an affidavit stating that you are free to marry. Some countries also require witnesses to have affidavits confirming that the couple is free to marry.
It is important to note that consular officers cannot give legal advice or authenticate signatures and seals on documents regarding marriages performed on board a vessel on the high seas. They can, however, perform notarial services related to such marriages. Marriages are also not performed on the premises of an American embassy or consulate, and US embassy and consulate employees cannot perform marriages in foreign countries. Local law decides who can perform marriages, and it is usually local civil or religious officials.
To avoid the complexity of obtaining a foreign marriage certificate and complying with local laws on marriage, some couples choose to get legally married in the United States before or after their destination wedding ceremony abroad.
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Marriages involving a non-US citizen may need a green card application
Marriages performed abroad are generally valid in the United States as long as they adhere to the laws of the country where the marriage takes place. However, if one spouse is a non-US citizen, they may need to apply for a green card to become a lawful permanent resident.
US immigration law allows US citizens to petition for their non-US citizen spouse to obtain a K-1 nonimmigrant visa. Within 90 days of being admitted to the US as a K-1 nonimmigrant, the non-US citizen must enter into a bona fide marriage with the US citizen. After the marriage, the non-US citizen spouse can apply for lawful permanent resident status (a green card).
To qualify for a green card, the non-US citizen spouse must be admissible to the United States. This means that none of the grounds of inadmissibility listed in INA 212(a) apply to them. If the non-US citizen is inadmissible, they may be able to apply for a waiver of inadmissibility or other form of relief.
The process for obtaining a marriage-based green card differs depending on whether the non-US citizen spouse is living in the US or abroad. If the non-US citizen spouse lives in the US, they must file Form I-485 (Adjustment of Status) with USCIS. They may also need to provide additional evidence of a bona fide marriage, especially if the marriage is new. USCIS may interview the spouses separately or together to ask questions about their relationship and review documents such as marriage and birth certificates, tax returns, and joint bank account statements.
If the non-US citizen spouse lives abroad, they can apply for a green card as an immediate relative by following the Consular Processing instructions. They will need to provide a copy of their marriage certificate, proof of legal termination of any prior marriages, and other relevant documents.
It is important to note that marriages are not typically performed on the premises of a US embassy or consulate, and the validity of marriages abroad does not depend on the presence of a US diplomatic or consular officer. Consular officers cannot give legal advice about the validity of marriages and do not authenticate signatures and seals on documents regarding marriages performed on vessels on the high seas.
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Frequently asked questions
US embassies do not perform marriages, but they do have information about marriage laws. Marriages performed legally in other countries are generally considered legal marriages in the United States.
You will need to provide a certificate of marriage from the country where the marriage took place. You will also need to provide additional evidence that your marriage is bona fide, meaning it’s a real marriage and not just for immigration benefits. This includes a marriage certificate, proof of termination of any previous marriages, and evidence of shared life, such as joint bank accounts, utility bills, photos, and affidavits from friends or family.
Some countries require that documents presented to the marriage registrar be translated into the native language of that country. The US embassy or consulate cannot obtain or provide translations of documents.
You will need an affidavit of eligibility to marry, signed under oath at an American embassy or consulate. This will state that you are free to marry.
