If you married under the legal requirements of the country where you celebrated the union, the marriage will also be recognized under U.S. law. That is, as long as your marriage does not violate federal or state laws. In practice, this means that the spouse applying for a green card must have a visa valid for up to 2.5 years after the filing of the marriage-based green card application. (To learn more, check out our detailed guide to the chronology of the marriage-based green card.) There is no national registration of marriages in the United States, whether they were performed abroad or at home. This is because marriage is governed by state law and state and county authorities issue marriage licenses. The age of majority for marriage varies from country to country. Persons under the age of 18 are generally required to provide a written declaration of consent, which is made by their parents before a notary. Some countries require parental consent to be certified in the United States by a consular officer from that foreign country. Bonding for life in a holiday paradise is a great way to start a wedding. However, it won`t be such a happy experience if your marriage isn`t recognized when you get home. Before booking your wedding, it wouldn`t hurt to talk to a family law lawyer in your area to make sure you don`t have a legal headache when you get married.
The second option is for your future spouse to come to the United States on a K1 visa – also known as a fiancé visa – which allows you to get married in the United States and then adjust your spouse`s status to the green card holder. This visa is obtained in advance from a U.S. embassy or consulate. U.S. authorities recognize civil marriages only for immigration purposes when a marriage certificate has been issued by locally or nationally recognized authorities. The embassy or tourist office of the country where the marriage is to be concluded is the best source of information about the requirements of marriage in that country. In addition, U.S. embassies and consulates abroad often have information about marriage in the country where they are located. With that in mind, below is a list of general legal requirements for destination weddings that you may encounter in other countries.
U.S. diplomatic and consular officials are NOT allowed to marry. Marriages abroad are almost always performed by local (foreign) civil or religious officials. Keep in mind that same-sex marriages are recognized by the USCIS, but must be documented by a marriage certificate from a country where they are legal. That`s because the USCIS says the law of the place where the marriage was celebrated determines whether the marriage is legally valid for immigration purposes, so as long as the country or place allows same-sex marriage, it`s valid for immigration purposes. Getting married legally in another country can be complicated, so read on for a useful introduction to marriages for U.S. citizens. The process of getting married abroad can be time-consuming and expensive. Procedures vary from country to country, and some require a long preparation. If you are planning to get married in a foreign country, you should inquire about the requirements of that country before your trip. There is no U.S. law that prevents U.S.
citizens from getting married abroad, so yes, you can go ahead and start planning your wedding abroad. This means that even if your home country allows certain types of marriages, they may not be recognized by the United States. Authorities for the purpose of sponsorship or promotion as a spouse. Before applying for a fiancé visa, a couple usually needs to have seen each other in person within the last 2 years. The foreign partner applying for the fiancé visa must marry their partner with U.S. citizenship within 90 days of entering the United States, otherwise they will be forced to leave the country. In general, marriages that are legally solemnized and valid abroad are also legally valid in the United States. Inquiries regarding the validity of a marriage abroad should be directed to the Attorney General of the state in which you live. Most countries require a valid U.S. passport to be presented.
Birth certificates, divorce decrees and death certificates are also often required. Some countries require that all documents submitted to the marriage registry be first certified in the United States by a consular officer of that country. This process can be time-consuming and expensive. Information about obtaining a visa for a foreign spouse can be obtained from any office of the Department of Homeland Security`s Office of Citizenship and Immigration Services, U.S. embassies and consulates abroad, or the State Department visa office, Washington, DC 20520-0113. General visa information can be obtained by calling the visa office at 202-663-1225. In this comprehensive guide, you will get the most important facts about getting married in another country and the documents you may need to gather in advance so that you can live happily ever after. As a rule, marriages are not celebrated on the premises of a U.S.
embassy or consulate, but officials can certify foreign marriage documents. The validity of marriages abroad does not depend on the presence of a U.S. diplomat or consular official, but on compliance with the laws of the country in which the marriage is concluded. When choosing this option, consider the „90-day rule” – a USCIS policy that determines whether green card applicants applying from the United States misled government officials when they received visas or were admitted to the country. Temporary visa holders who marry or apply for a green card within 90 days of entering the United States may find that their green card applications are rejected and their current visas are revoked. You may also have trouble getting a U.S. visa in the future. The affidavit is a document that can be used as proof of your legal capacity to enter into a marriage contract. This is usually a statement from the authorities in your home country that there is no legal obstacle to marriage – basically, the affidavit is proof of your marital status. U.S.
citizens and permanent residents often marry abroad. The countries of marriage and citizenship of the spouse vary greatly from Russia to the Philippines. Therefore, local requirements always dictate a specific set of documents needed not only to complete the marriage, but also to successfully return the spouse. Like U.S. marriage laws, overseas marriage laws vary from place to place. Most countries require proof of a valid U.S. passport, birth certificate, or other proof of residency before a foreign marriage can take place. Many countries also require parties to perform blood and/or medical tests.
Some countries (such as France) require one or both parties to have spent a certain period of time (e.g. 45 days) in their country before a marriage. Since the rules vary greatly depending on the location, it is necessary to check the foreign marriage laws of your wedding venue to avoid long and costly mistakes. Maintaining a valid immigration status means having a valid visa – such as an H-1B work visa or an F-1 student visa – until they submit their green card application (Form I-485). This is because they have to wait until a visa number is available before they can apply for the U.S. Green Card. (Visa numbers are immediately available for spouses of U.S. citizens, but not for spouses of green card holders.) Created by FindLaw`s team of legal writers and writers | Last updated November 16, 2018 To legally marry in another country, you must comply with local laws. It is important that you check them in advance so that you can prepare (and translate, if necessary) all the documents you need and find an authorized local citizen who can conduct the ceremony. Whether you dream of a wedding or want to be closer to the family of your fiancé born in another country, you are not alone. Getting married abroad is an increasingly popular choice among American couples. Here is some information about marriages from the U.S.
Department of State (travel.state.gov/content/travel/en/international-travel/while-abroad/marriage-abroad.html). All civil countries require proof of legal capacity to enter into a marriage contract in the form of a certificate from the competent authority attesting that there is no obstacle to marriage. Such a document does not exist in the United States. Unless foreign authorities allow such a statement before one of their consular officials in the United States, parties to a future marriage abroad must make an affidavit to the U.S. embassy or consulate in the country where the marriage is concluded, stating that they can marry freely.