Foreigners must provide a valid passport, proof of legal entry or visa status, and an affidavit of eligibility to marry when applying for a US marriage certificate. Some states require a birth certificate and a certificate of no impediment, while others may ask for divorce decrees or death certificates if previously married. It's essential to check the specific marriage license requirements in the state where the marriage will take place to ensure all necessary documents are prepared.
What Documents Does a Foreigner Need for US Marriage Certificate?
| Number | Name | Description |
|---|---|---|
| 1 | Certified Foreign Birth Certificate Translation | A foreigner applying for a US marriage certificate must provide a certified translation of their foreign birth certificate to ensure legal accuracy and acceptance by US authorities. Certified translations validate the authenticity of the original document and are required for verifying identity and eligibility to marry within the United States. |
| 2 | Apostille Authentication | Foreigners must provide a valid passport, birth certificate, and proof of legal entry in the US, all authenticated through apostille certification to ensure international recognition. Apostille authentication verifies the legitimacy of these documents, complying with the Hague Convention requirements for US marriage certificate issuance. |
| 3 | Single Status Affidavit | A foreigner needs a Single Status Affidavit, proving they are legally free to marry, as part of the US marriage certificate application process. This document must be notarized and, in some states, translated into English and authenticated by the consulate or embassy. |
| 4 | Consular Report of Birth Abroad | A foreigner applying for a US marriage certificate often needs a Consular Report of Birth Abroad (CRBA) to prove citizenship and identity when born outside the United States. The CRBA serves as an official birth record issued by the U.S. Department of State, verifying the individual's U.S. citizenship for legal documentation purposes. |
| 5 | ITIN (Individual Taxpayer Identification Number) | Foreigners seeking a US marriage certificate often need an ITIN (Individual Taxpayer Identification Number) if they do not qualify for a Social Security Number, as it helps facilitate tax processing related to marital status. While the ITIN itself is not a required document for obtaining the certificate, having an ITIN assists in fulfilling identification and tax compliance requirements during the marriage registration process. |
| 6 | No Impediment to Marriage Certificate | A foreigner typically needs a No Impediment to Marriage Certificate, which proves they are legally free to marry, along with a valid passport, visa, and sometimes a birth certificate for a US marriage certificate application. This certificate, issued by the foreigner's home country or embassy, confirms no legal obstacles exist for the marriage under their national law. |
| 7 | US Entry Visa Documentation | Foreigners applying for a US marriage certificate must present valid entry visa documentation, such as a B-2 tourist visa, K-1 fiance visa, or other appropriate non-immigrant visas issued by the US Department of State. Proof of legal entry, including the passport with the visa stamp and I-94 arrival/departure record, is essential for marriage registration authorities. |
| 8 | Biometric Data Submission | Foreigners applying for a US marriage certificate must submit biometric data, including fingerprints and a digital photograph, as part of identity verification requirements. These biometric submissions, often collected at authorized centers, are essential for background checks and ensuring the authenticity of documents. |
| 9 | Dual Intent Proof | A foreigner applying for a US marriage certificate must provide a valid passport, proof of legal entry such as a visa or I-94 form, and documentation showing dual intent like evidence of planned temporary stay and intent to marry legally. Supporting documents may include an affidavit of single status, divorce or death certificates if previously married, and compliance with state-specific requirements for marriage licenses. |
| 10 | Homeland Exit Clearance | Foreigners must obtain a Homeland Exit Clearance, a mandatory document verifying legal permission to leave their country, before applying for a US marriage certificate. This clearance ensures compliance with their home country's exit regulations and is often required alongside a valid passport, visa, and proof of marital eligibility. |
Overview of US Marriage Certificate Requirements for Foreigners
Foreigners seeking a US marriage certificate must provide valid identification such as a passport and proof of legal entry into the United States. Most states require a completed marriage license application, which may include affidavits of eligibility or single status. Some jurisdictions also request additional documents like divorce decrees or death certificates if previously married.
Essential Application Forms for Foreign Applicants
| Document | Description |
|---|---|
| Passport | A valid government-issued passport to verify identity and nationality. |
| Visa or Entry Permit | Proof of legal entry into the United States, such as a valid visa or ESTA authorization. |
| Marriage License Application | The official form required by the state to apply for a marriage license. |
| Identification | State-issued ID or driver's license for both parties, if applicable. |
| Birth Certificate | Original or certified copy showing date and place of birth. |
| Proof of Termination of Previous Marriages | Divorce decree, annulment, or death certificate if previously married. |
| Social Security Number (SSN) or ITIN | For foreign applicants who possess an SSN or Individual Taxpayer Identification Number. |
| Application Fee | Payment as required by the local county clerk's office. |
Valid Identification Documents Accepted
Foreigners applying for a US marriage certificate must present valid identification documents to prove their identity. Accepted forms typically include a valid passport, a government-issued photo ID, or a visa.
Some states may also require a birth certificate or an affidavit of eligibility to marry. It is important to check specific state requirements as accepted documents can vary.
Proof of Legal Entry and Immigration Status
To obtain a US marriage certificate as a foreigner, you must provide proof of legal entry, such as a valid visa or passport stamp. Documentation of your current immigration status, including lawful presence authorization, is essential for the application process. Your submission must clearly establish your eligibility to marry within the United States.
Documentation of Previous Marriages and Divorces
To obtain a US marriage certificate as a foreigner, you must provide documentation of any previous marriages. This includes official divorce decrees or death certificates if applicable.
These documents verify the legal termination of prior marriages and ensure eligibility to marry in the US. Your submission should be notarized and, if necessary, translated into English for processing.
Acceptable Proofs of Age and Birth Certificates
What documents does a foreigner need to obtain a US marriage certificate? Acceptable proofs of age typically include a valid passport or a government-issued birth certificate. Your birth certificate must be an official copy, often accompanied by a certified translation if not in English.
Certified Translations and Document Authentication
Foreigners applying for a US marriage certificate must provide specific documents to ensure legal recognition. Certified translations and document authentication are critical steps in this process.
- Certified Translations Required - All foreign documents must be translated by a certified translator to be accepted by US marriage authorities.
- Authentication of Documents - Documents often require authentication through an apostille or consular legalization to verify their legitimacy.
- Original Documents Submission - Applicants need to submit original or certified copies of birth certificates, passports, and divorce decrees if applicable.
Completing certified translations and proper authentication ensures the marriage certificate application proceeds without legal delays.
Residency and Address Verification Requirements
Foreigners applying for a US marriage certificate must provide proof of residency and address verification to meet state requirements. These documents confirm the applicant's legal presence and valid domicile within the jurisdiction issuing the marriage license.
- Proof of Residency - Commonly accepted documents include a valid US visa, I-94 form, or a passport with an entry stamp verifying lawful entry.
- Address Verification - Utility bills, lease agreements, or bank statements dated within the last 30 to 60 days typically serve as acceptable proof of a current residential address.
- State-specific Requirements - Each US state may have unique mandates, such as notarized affidavits or residency declarations, so applicants should consult the local county clerk's office for precise documentation guidelines.
Common Reasons for Application Delays or Rejections
Obtaining a US marriage certificate as a foreigner requires submitting specific documents and meeting local requirements. Common issues often cause application delays or rejections, affecting your processing time.
- Incomplete or Missing Documents - Failure to provide key documents such as valid passports, birth certificates, or proof of legal status can result in rejection.
- Incorrect or Inconsistent Information - Errors or discrepancies on application forms and supporting documents lead to verification problems and delays.
- Failure to Meet Residency or Waiting Periods - Not adhering to state-specific residency requirements or mandatory waiting times can cause your application to be denied or postponed.
What Documents Does a Foreigner Need for US Marriage Certificate? Infographic
