Marrying Abroad:
Who May Perform Marriages Abroad:
American diplomatic and consular officers are NOT permitted to perform marriages. Marriages abroad are almost always performed by local (foreign) civil or religious officials. Marriages are NOT performed on the premises of an American embassy or consulate. The validity of a marriage abroad is not dependent on 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.
Validity of Marriages Abroad:
Marriages which are legally performed and valid abroad are also legally valid in the United States. Questions about the validity of a marriage abroad should be directed to the attorney general of the state in the United States where the parties to the marriage live.
Foreign Laws and Procedures:
The embassy or tourist information bureau of the country in which the marriage will be performed is the best source of information about marriage in that country. In addition, American embassies and consulates abroad frequently have information about marriage in the country in which they are located.
Residence Requirements:
Marriages abroad are subject to the residency requirements of the country in which the marriage is to be performed. There is almost always a lengthy waiting period.
Documentation and Authentication:
Most countries require that a valid U.S. passport be presented for the marriage to be made authentic. In addition to that, birth certificates, divorce decrees, and death certificates are frequently required. Some countries require that the documents presented to the marriage registrar first be authenticated in the United States by a consular official of that country. This process can also be time consuming and expensive.
Parental Consent:
The age of majority for marriage varies from one country to another. People under the age of 18 must, as a general rule, present a written statement of consent executed by their parents before a notary public. Some countries require the parental consent statement to be authenticated by a consular official of that foreign country in the United States.
Affidavit of Eligibility to Marry:
All civil law countries require proof of legal capacity to enter into a marriage contract in the form of certification by competent authority that nothing will prohibit the marriage. No such document exists in the United States. Unless the foreign authorities will allow such a statement to be executed before one of their consular officials in the United States, it will be necessary for the parties to a marriage abroad to execute an affidavit at the American embassy or consulate in the country in which they will live stating that they are able to marry. This is called an affidavit of eligibility to marry and will require witnesses who will execute affidavits.
Additional Requirements:
Many countries require blood tests. Some countries require that documents presented to the marriage registrar be translated into the native language of that country.
Loss of U.S. Nationality:
In some countries, marriage to a national of that country will automatically make the spouse either a citizen of that country or eligible to become naturalized in that country quickly. The automatic acquisition of a second nationality will not affect U.S. citizenship. However, naturalization in a foreign country on one's own application or the application of a duly authorized agent may cause the loss of American citizenship.
Foreign Spouses:
If you are a U.S. citizen or legal permanent resident applying to bring your spouse to the United States to live, you must file the following items with the U.S. Citizenship and Immigration Services:
- Form I-130 Petition for an Alien Relative
- Your birth certificate (copy), or your Certificate of Naturalization or Citizenship if you were not born in the United States
- Your Permanent Resident Card (Green Card) if you are a legal permanent resident
- 2 Form G-325A Biographic Data Sheets (One for you and one for your spouse)
- One color photo of you and one of your spouse taken within 30 days of filing (please see Form I-130 for more instructions on photos)
- A copy of your marriage certificate
- A copy of any divorce decrees, death certificates, or annulment decrees if you or your spouse have been previously married
If you are a United States citizen, your foreign national spouse must follow the following application procedures:
- Form I-485 Application to Register Permanent Residence or Adjust Status
- Form G-325A Biographic Data Sheet
- Form I-693 Medical Examination Sheet
- Two color photos taken within 30 days (Please see Form I-485 for more instructions on photos.)
- Form I-864 Affidavit of Support (completed by the sponsor)
- Form I-765 Authorization for Employment (if seeking employment while case is processed)
- Form I-130 Petition for an Alien Relative and all required supporting documentation
- Copy of your spouse's birth certificate
- Evidence of your spouse's inspection or parole into the United States (USCIS Form I-94, Arrival-Departure Record).
We offer many ways to find Marriage lawyers in order to best match up our lawyers with prospective clients. Detailed Marriage lawyer videos help you learn more about different attorneys and their Marriage practices.