Congratulations on your upcoming wedding! Understanding the legal requirements to obtain a marriage license for US and foreign nationals alike will make this much easier. With all the fun in life occasion, a bit of planning must go into when and where to get a marriage license.
Marriage License
A marriage license is a legal document that allows two people to get married. It is issued by a government agency and usually requires:
Both applicants to apply in person
ID
Payment of the marriage license fee
It is valid for a certain period and must be signed by both parties and the officiant or witness after the civil ceremony.
Key Points How to Obtain Marriage License
A marriage license is required to get married.
Issued by the government, usually at the county or local level in the US.
Requirements vary by state, country, and local jurisdiction.
Common requirements include proof of age, ID, and residency.
Marriage licenses are usually good for a certain period after issuance.
Both applicants must apply in person.
There is usually a fee, which varies by jurisdiction.
Both parties and the officiant must sign for it to be valid.
After the wedding, the signed license is returned to the issuing office for recording.
Marriage License Application Requirements
Getting a marriage license online or in person in the US varies by state, and some of the differences can impact your wedding plans. Here are the details:
1. ID and Residency Requirements
Each state has its own ID requirements for getting a marriage license. You will usually need to provide one of the following:
Valid driver’s license
Passport
Non-driver’s license
Military ID
In some states, you may need to provide additional documents like birth certificates or social security cards to prove age or ID. But most states do not require you to be a resident to get a marriage license.
2. Waiting Periods and License Good For
Waiting Periods: Some states have a waiting period between applying for the license and when you can get married. For example, Alaska has a 3-day wait, Delaware has a 24-hour wait, California and Georgia have no wait. Other states have different waiting periods.
License Good For: The validity of a marriage license also varies by state. Arizona is 360 days, Tennessee and Hawaii is 30 days, and Wisconsin has an option to waive the wait for an additional fee.
3. Witness Requirements
Witness requirements are all over the place:
Some states, like Colorado and Connecticut, don’t require witnesses.
Others, like Alaska and New York, require two witnesses, while California requires at least 1.
Steps to Get a U.S. Marriage License
1. Check Local Rules
Review the marriage license requirements in the state where you will be married.
Must be at least 18 years old and not married.
Some states have a waiting period before the license is valid.
2. Gather Required Documents
Government-issued photo ID (e.g., driver’s license, passport)
Proof of residency or birth certificate, if required
If previously married, bring a divorce decree
Same-sex couples follow the same document requirements as opposite-sex couples.
3. Apply for the License
Visit the county clerk’s office or the designated office.
Complete the marriage license application.
Both parties may need to be present, depending on the state.
4. Pay the Fee
Fees vary by state and are usually paid in cash, by credit card, or money order.
5. Receive the License
Once approved and paid, you will receive your marriage license.
The license is typically valid for 30-90 days, depending on the state.
6. Get Married
With the license, proceed with the ceremony.
The officiant and witnesses must sign the license.
Return the signed license to the county clerk’s office within the required timeframe.
7.Obtain a Marriage Certificate
After your wedding, the officiant files the signed license with the county.
The county mails your official marriage certificate.
If you do not get your marriage certificate, it might be because of an incorrect address or other clerical errors. In that case, contact the county office to get your certificate.
For certified copies, contact the county clerk, city hall, or vital records office. This is often the same office where you applied for the marriage license.
They will tell you the cost, what documents you need, and if you can order online, by mail, or in person.
Processing times vary from 5 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 the state’s public health division’s website.
Note: Requirements may vary by state, so check with the local county clerk’s office for specific details.
Marriage Licenses and U.S. Immigration
If you and your spouse are applying for a marriage-based green card, your marriage license is key.
Attach a photocopy of your marriage certificate with your green card application.
The marriage certificate has the couple’s names, the marriage place and date, and the officiant’s signature.
At your green card interview, you will also need to bring the original certificate, a certified copy, or an official copy issued by a government agency.
If your marriage certificate is from abroad and 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 all previous marriages have ended legally. It is recommended 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.
If your name has changed due to marriage, you must submit a copy of your marriage certificate showing the name change.
In Summary:
A marriage license allows marriage.
A marriage certificate proves the marriage occurred.
Get a certified copy of your marriage certificate for immigration purposes.
State-by-State Marriage License Requirements
This list should help you prepare for getting a marriage license wherever you plan to get married in the US. Always check with the local county clerk’s office for specific state law requirements, acceptable proof of documentation, and any changes.
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Proxy and Skype Marriages: Validity for Green Card Purposes
Some states, like Utah, and some countries under certain conditions permit proxy and Skype marriages where one or both spouses are not present at the time of the ceremony. However, for U.S. immigration purposes, such marriages are viewed with a very critical eye.
Legal Standards to be Recognized:
Consummation Requirement: For U.S. immigration purposes, a proxy marriage does not form the basis for entitling a person to lawful permanent residence (a green card) unless the parties consummate the marriage following the ceremony. The couple must have sexual relations after the date of the marriage and BEFORE the filing of the I-130 marriage visa petition.
Proof of Consummation: It is somewhat tricky to show proof that a marriage has been consummated. While USCIS does not need, nor does it want, graphic and intimate details, but a simple affidavit or personal statement to that effect combined with evidence that both spouses were together after the marriage is enough. The documents might include:
Copies of airline tickets, hotel bills, or photos showing the two together.
Evidence of an earlier relationship or personal meetings before the marriage that can also serve as proof the marriage is not a sham.
K-1 Fiancé Visa Option: Another alternative, in case travel for consummation of the marriage is challenging, is to get a K-1 Fiancé Visa, which permits the entry of the non-citizen fiancé into the U.S. for 90 days for marriage purposes and then application for a green card. So although this would delay the process somewhat, it would not possess all of the complications discussed above presented by proving the consummation of a proxy marriage.
Practical Considerations:
Timing is Everything: Keep in mind that children born before the marriage have no bearing on proving consummation for U.S. immigration purposes. Relevant relations are those occurring after the marriage ceremony itself and before the I-130 marriage visa petition is filed.
For More Information: Proxy marriages for green card purposes can be complex and fraught with specific legal requirements. It is recommended to seek legal assistance to ensure that your marriage is properly recognized for U.S. immigration purposes and to avoid potential complications during the visa process
How to Get Married Outside the U.S.?
Contact the Embassy or Consulate: If you are marrying abroad, you should immediately contact the U.S. Embassy in that country. Many have information on their website with instructions on how to perform the local procedures to marry. Here is one from the U.S. Embassy in Vietnam. Marrying abroad can be a challenge and a lot longer process than in the U.S. Many countries require an Affidavit of Single Status, notarized by the U.S., or apostille in the U.S.
Contact the local marriage license bureau: To confirm their timelines and documentary requirements.
U.S. Department of State Reciprocity Schedule: The U.S. Department of State publishes a reciprocity schedule, which provides information concerning how to obtain civil documents such as marriage certificates from a foreign country. The reciprocity schedule identifies the available documents and other requirements in individual foreign countries when standard civil documents are unavailable.
Using the Reciprocity Schedule:
Access the “U.S. Visa: Reciprocity and Civil Documents by Country” webpage on the U.S. Department of State’s website.
Filter by country, and select the country where you are/were married.
Search for the document you need-represented as a marriage certificate, for example-review the availability, format, and any special requirements to get it.
Foreign Religious and Traditional Marriages: Are They Valid for Green Card Purposes?
Most marriages performed in many parts of the world, such as majority Muslim countries, are by way of religious or traditional weddings and might be unofficially registered or not registered at all with the civil authorities. For green card purposes, it is best to get these marriages registered with civil authorities where possible. Whether such marriages will be recognized for U.S. immigration purposes depends on the laws of the country where the marriage was performed. Some countries do not recognize religious weddings, but other documents could serve as supporting documents to prove the legality of such marriage for green card purposes.
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 performed at the time it was established. That is to say, in instances where such marriages are held as legal by local law, the United States will also consider them valid.
Reciprocity Schedule Research: The U.S. State Department’s Reciprocity Schedule can also help in determining whether religious or traditional marriages are recognized in certain countries. For example, the Indian government recognizes religious marriages, and clerical records may serve as proof. In Chile, while it is customary to perform a religious ceremony, such marriages are not recognized for civil purposes unless the marriage is also registered with the civil authorities.
Alternative Documentation: If the Reciprocity Schedule reflects that civil marriage records are unavailable or not issued, you may alternatively submit:
Affidavits from family members or community leaders attesting to the marriage.
Clerical records from the religious authority 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 indicate whether religious or traditional marriages are recognized, you must research that country’s marriage laws. In some cases, this may involve consulting a local attorney or other legal expert to determine what the legal status of your marriage is.
Perform a Civil Ceremony if Necessary: If your religious or traditional marriage is not considered valid by local law, you may need to perform a civil ceremony of marriage. Should you plan on immigrating to the U.S., this is very important to note in cases when alternative documentation is not accepted or when there are questions about the legal recognition of your marriage. This would need to be done before the actual filing of the I-130 relative petition.
Seek Legal Help: If there is doubt as to valid marriages, or when a marriage was not recognized by U.S. immigration, one may simply need to seek legal help. An immigration lawyer can assist in discussing options like a new civil marriage or with increased documentary evidence to help prove the marriage.
Proving Single Status: Beware of Sham Foreign Divorce Decrees
Pro Tip: Be careful and verify the authenticity of foreign documents issued from governmental authorities abroad. For example, we’ve often seen that the USCIS questions the authenticity of divorce or death certificates issued from Nigeria. The verification of an employment authorization document is also quite 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.
It is at this stage that, upon reviewing the case, the USCIS has started to question the original marriage itself and the divorce on hand. This is where many applicants run into problems.
The problem is, immigration has seen many fraudulent or otherwise invalid divorce decrees emanating from Nigeria. These do not meet the requirements contained in the Visa Reciprocity Table. So now, immigration is cracking down on such cases and taking a closer look at the Nigerian divorce documents.
If you are dealing with a divorce decree that originated from Nigeria, do yourself a favor. First, do not 100% trust the person that helps you obtain a copy of the divorce decree from the government office. Second, check to ensure the document is authentic. Records of divorce decrees in Nigeria are usually housed in the following 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 this is your case, whether you are from Nigeria or somewhere else, ensure your divorce was done according to the laws of your country. Note that 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.
Not Common, But Some Immigrants Have Been Denied U.S. Marriage License
Marriage is a key step for many immigrants seeking family unity and legal protection in the U.S. However, some face challenges and even denial when applying for a marriage license. Here are the main reasons:
1. Legal Status and Documentation Issues
Many states require valid IDs like passports or birth certificates to issue a marriage license. Undocumented immigrants or those with expired visas often lack these documents and may be denied. Some states have even illegally required proof of legal residency, like a green card, which courts have ruled against.
Learn more :
FEDERAL JUDGE RULES AGAINST THE POLICY OF DENYING MARRIAGE LICENSE ON THE BASIS OF IMMIGRATION STATUS.
No one should be denied a marriage license due to citizenship status
2. Discrimination and Bias Against Same Sex Couples
Immigrants may face discrimination when applying for a marriage license, especially if they are in same-sex, interracial, or non-traditional marriages. Some local officials may delay or deny licenses based on personal biases, despite legal protections against such practices.
3. Language Barriers
For non-English-speaking immigrants, language barriers can complicate the process. Local government offices often lack translation services or forms in other languages, leading to misunderstandings that may result in a denial, even when applicants meet all other requirements.
4. State-Specific Regulations
Marriage license requirements vary from state to state. Some states have stricter regulations that can create additional challenges for immigrants, depending on their legal status or ability to meet local documentation standards.
5. Fear of Immigration Enforcement
Undocumented immigrants may avoid applying for a marriage license due to fear of being exposed to immigration authorities. While marriage license records are not typically shared with immigration enforcement, the risk of deportation in certain areas with active immigration controls can deter immigrants from legal marriage.
So many undocumented immigrants may choose to not get married at all and instead opt for informal or religious ceremonies that don’t provide legal protections or immigration benefits.
Impact on Immigration Status and Family Unity
Denial of marriage license can have long-term consequences for immigrants and their families. Without a marriage license, immigrants cannot apply for family-based immigration benefits such as spousal visa or adjustment of status to legal permanent residency. This can leave families separated or in a precarious legal situation for years.
Also, denial of marriage license can cause emotional and financial stress to immigrant couples, especially if they are already dealing with immigration issues. Not being able to marry legally can also limit access to other rights and benefits such as inheritance rights, tax benefits, and spousal support.
Legal Recourse and Advocacy
For immigrants who are denied a marriage license, they should seek legal recourse immediately to challenge any discrimination, bias, or violation of constitutional rights. Advocacy organizations and legal aid services can provide support and representation for immigrants facing such challenges.
Understanding how to obtain a marriage license, and obtaining it, is usually a straightforward and fast process. In most cases, the application is submitted and the marriage license issued. But sometimes, complications can arise, especially for foreign nationals in the US or US citizens marrying abroad. Immigrating to the US can be tricky, but Herman Legal Group is here to help. Contact us today if you need help with your application or have questions.