
When applying for a marriage-based green card, a valid marriage certificate is one of the most crucial documents you need to submit. This certificate serves as primary evidence of your marital relationship, which the U.S. Citizenship and Immigration Services (USCIS) requires to process your green card application. However, many applicants face challenges such as lost certificates, marriages that were never officially registered, or certificates that are difficult to obtain. This guide will walk you through the steps to obtain your marriage certificate, provide alternatives if it is not available, and help you understand the importance of this document in your immigration process.
Why You Need Your Marriage Certificate
To register permanent residence through marriage, you must prove that your marriage is valid. This is essential not only for adjusting status but also for ensuring that you qualify for the various immigration benefits associated with being the spouse of a U.S. citizen or permanent resident. A marriage certificate is typically the first piece of evidence that USCIS reviews to confirm the legitimacy of your marriage.
But what if you cannot find your marriage certificate or it was not officially registered because of a religious or traditional wedding? —you will need to explore alternative ways to provide evidence of your marital relationship. And what about unconventional weddings like proxy or virtual/online marriages like in Utah? There are specific guidelines you must follow to ensure USCIS accepts your application.
USCIS Marriage Certificate Requirements
When filing Form I-130, Petition for Alien Relative, USCIS requires you to submit a photocopy of your marriage certificate. At your green card interview, you will need to bring the original certificate, or an official copy issued by a government agency. Your certificate must include:
- The full names of both spouses
- The location of the marriage
- The date of the marriage
Additionally, you must submit two passport-style photos as part of the green card application documentation.
If your marriage certificate is not in English, you must provide a certified English translation along with the original document. If you or your spouse were previously married, you need to submit copies of divorce decrees or death certificates to show that all previous marriages have ended legally. It is recommended that those documents be original or certified.
If your name has changed due to adoption, divorce or any other non-marital reason, you must submit legal proof of this change, such as an adoption decree or court order.

Be Cautious of Fake Foreign Divorce Decrees
Pro Tip: Be careful and verify the authenticity of foreign documents issued by governmental authorities abroad. For example, we have seen many cases where USCIS questions the validity of divorce or death certificates issued in Nigeria. Verifying documents like the employment authorization document is also crucial.
This is a common scenario we have seen over the years. A man in Nigeria gets married. At some point, he applies for a temporary visitor visa to the United States, stating he will return to Nigeria after his visit. But once he gets to the U.S., he decides to stay longer than his visa allows. Either before he leaves Nigeria or after he arrives in the U.S., he files for divorce. The divorce process is often rushed and lacks the formalities of a legal process. He then gets a divorce decree, marries a U.S. citizen, and files for immigration benefits.
But when USCIS reviews the case, they start to question the original marriage and the divorce itself. This is where many applicants run into problems.
The problem is USCIS has seen a lot of fraudulent or invalid divorce decrees coming from Nigeria. These documents do not comply with the requirements in the Visa Reciprocity Table. So now USCIS is cracking down on these cases and taking a closer look at Nigerian divorce documents.
If you are dealing with a divorce decree from Nigeria, do yourself a favor. First, do not 100 percent trust the person that helps you obtain a copy of the divorce decree from the government office. Second, verify that the document is authentic. Information from divorce decrees in Nigeria is typically available on this database.
Consequences of Invalid Divorces
If USCIS finds out your divorce was not valid, it can have serious consequences. For example, if your first marriage was never legally ended, your subsequent marriage to a U.S. citizen is not valid, which means your I-130 petition for a marriage-based immigration benefit will be denied.
This is not limited to Nigeria, but we have seen it most with Nigerian cases. We have also seen similar problems with divorce decrees from other countries. Sometimes it looks like either unscrupulous lawyers in Nigeria or outright forgers are creating these invalid documents and causing big legal problems for the people involved.
What to Do
If you are in this situation, whether from Nigeria or any other country, ensure your divorce was done according to the laws of your country. USCIS is getting more and more vigilant, and embassies are often involved in verifying these documents. If they find out your divorce is not valid, you will have to start the whole process all over again.

What to Do If You Can’t Find Your Marriage Certificate
If your marriage certificate is missing, the steps to obtain a replacement depend on where you got married:
If You Got Married in the United States:
- Vital Records Office: Contact the vital records office in the state where you got married. They can issue a certified copy of your marriage certificate. They will tell you the cost, what documents you need, and if you can order online, by mail, or in person.
- County Clerk or Recorder’s Office: You can also request the certificate from the local county clerk, city hall, town hall, or civil registrar where you got married. This is often the same office where you applied for your marriage license.
- Processing Time and Fees: Processing time for marriage certificate replacement in the United States varies, typically five business days to 16 weeks. Fees vary depending on the number of copies you need and the method of order (phone, mail, in-person, or online). For example, in states like Minnesota and Montana, you can order a certified copy online through services operated by the state’s public health division.
- Original Marriage License: The officiant who performed your wedding and any witnesses must sign the marriage license. This document was then filed with the county where the marriage took place. The county office will usually mail your marriage certificate to you. If you do not receive it, it might be because of an incorrect address or other clerical errors. In such cases, contact the county office directly to get your certificate.
If You Got Married Abroad:
- Contact the Embassy or Consulate: Reach out to the U.S. embassy or consulate in the country where you were married. They can guide you on how to obtain a certified copy from local authorities.
- U.S. Department of State Reciprocity Schedule: Check the reciprocity schedule on the State Department’s website for details on how to obtain civil documents like marriage certificates from different countries. This schedule will inform you of the document’s availability, format, and any alternative documents you can use if the certificate is not available.
- Using the Reciprocity Schedule:
- Visit the “U.S. Visa: Reciprocity and Civil Documents by Country” page on the U.S. Department of State’s website.
- Filter by country and select the country where you got married.
- Search for the document you need, such as a marriage certificate, and review the availability, format, and any special requirements to get it.
- If the document is not available, the schedule may list alternative documents or provide instructions on what to do if the document cannot be obtained.
- Using the Reciprocity Schedule:
- Alternative Documents: In some countries, official marriage certificates may not be available due to various reasons, such as war, civil unrest, or cultural practices where marriages are not registered with the government. For example, in countries like Somalia or Burma (Myanmar), marriages might not be registered at all, and you may use affidavits, clerical records, or other secondary evidence to prove your marriage.

Religious and Traditional Marriages: Are They Valid for Immigration Purposes?
In many parts of the world, such as majority Muslim countries, marriages are conducted according to religious or traditional weddings and may or may not be registered with civil authorities. Whether these marriages are recognized for U.S. immigration purposes depends on the laws of the country where the marriage was performed. Some countries may not legally recognize religious marriages, but alternative documents can be used to prove the marriage’s validity for immigration processes like applying for a green card.
Key Points:
- Recognition by Local Law: A religious or traditional marriage is valid for U.S. immigration purposes if it was recognized under the law of the place where it was performed and at the time it was formed. This means that if local law acknowledges such marriages as legally binding, the U.S. will also consider them valid.
- Reciprocity Schedule Research: The U.S. State Department’s Reciprocity Schedule can help you determine if religious or traditional marriages are recognized in specific countries. For example, in India, religious marriages are recognized, and clerical records can be used as proof. In Chile, religious ceremonies are common but not recognized for civil purposes unless the marriage is also registered with civil authorities.
- Alternative Documentation: If the Reciprocity Schedule indicates that civil marriage records are not available or not issued, you can submit:
- Affidavits from family members or community leaders attesting to the marriage.
- Clerical records from the religious institution that performed the ceremony.
- A sworn statement explaining the circumstances of the marriage and why civil records are not available.
Legal and Practical Steps:
- Research Local Laws: If the Reciprocity Schedule does not mention whether religious or traditional marriages are recognized, you need to research the country’s marriage laws. This may require consulting with a local attorney or legal expert to understand the legal status of your marriage.
- Conduct a Civil Ceremony if Necessary: If your religious or traditional marriage is not recognized by local law and you are planning to immigrate to the U.S., you may need to conduct a civil marriage ceremony to make your marriage legally valid. This is especially important if alternative documentation is not accepted or if there are questions about the legal recognition of your marriage. Please note this would need to be done BEFORE you file the I-130 relative petition.
- Get Legal Help: If you are unsure about the validity of your marriage or if it’s not recognized by U.S. immigration, it’s best to get legal help. An immigration attorney can help you explore alternatives such as a new civil marriage or additional evidence to support your marriage.

Proxy and Virtual Marriages: Validity for Green Card Purposes
Proxy and virtual marriages where one or both spouses are not physically present during the ceremony can be legally valid in some countries and under certain circumstances. However, for U.S. immigration purposes, these marriages are subject to strict scrutiny.
Legal Standards for Recognition:
- Consummation Requirement: According to U.S. immigration law, a proxy marriage is not recognized as a basis for granting lawful permanent residence (a green card) unless the couple consummates the marriage after the ceremony. This means the couple must have sexual relations after the marriage has taken place and BEFORE the I-130 petition is filed.
- Proof of Consummation: Proving a marriage has been consummated can be tricky. USCIS doesn’t require or want graphic or intimate details, but a simple affidavit or personal statement attesting to the consummation combined with evidence that both spouses were together after the marriage can be enough. This could include:
- Copies of airline tickets, hotel bills, or photos showing the couple together.
- Evidence of a past relationship or personal meetings before the marriage, which can also help prove the marriage is bona fide and not a sham.
- K-1 Fiancé Visa Option: If traveling to consummate the marriage is difficult, couples may consider applying for a K-1 fiancé visa instead. This visa allows the non-citizen fiancé to enter the U.S. for 90 days to get married and then apply for a green card. While this option may delay the process, it avoids the complications of proving the consummation of a proxy marriage.
Proof of Consummation:
- Timing is Everything: Keep in mind that children born before the marriage do not count towards proving consummation for U.S. immigration purposes. Only relations that occur after the marriage ceremony and before the I-130 petition is filed are relevant.
For More Information: Proxy marriages and green card purposes can be complicated. It is best to get legal help.

Common FAQs and Issues with Marriage Certificates
Final Steps: Consular Processing and USCIS Interview
If you are applying from abroad, submit your documents to the National Visa Center and go through consular processing. If adjusting status in the U.S., submit your documents to USCIS and prepare for an interview.
In conclusion, ensuring you have the correct marital proof and understanding the alternatives available if your marriage certificate is missing or invalid is crucial. For complex cases, working with an experienced immigration attorney can provide the guidance needed to navigate the process successfully and secure your permanent residency.
For assistance with your green card application, contact Herman Legal Group today. Our team of experienced immigration lawyers is ready to help you every step of the way.