Validity of Marriages Abroad
In general, marriages
that are legally performed and valid abroad are also legally valid
in the United States. Marriages abroad are almost always performed
by local (foreign) civil or religious officials. American
diplomatic and consular officers are not permitted to perform marriages,
and, as a rule, marriages are not performed on the premises of an
American embassy or consulate. The validity of marriages abroad is
not dependent upon the presence of an American diplomatic or consular
officer, but upon adherence to the laws of the country where the marriage
is performed. |
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Consular
officers may authenticate foreign marriage documents, but inquiries
regarding the validity of a marriage abroad should be directed to
office of the attorney general of the State in the United States where
the parties to the marriage live. Marriage generally is considered
a matter reserved to the individual U.S. States rather than to the
federal government.
Documentation
Most countries
require that a valid U.S. passport be presented. In addition, birth
certificates (and, if applicable, divorce decrees or death certificates)
are frequently required. Many countries, like the United States,
require blood tests. Some countries require that documents presented
to the marriage registrar be translated into the native language
of that country and/or first be authenticated in the United States
by a consular official of that country. This process can be time
consuming and expensive. Marriages abroad are also subject to the
residency requirements of the country in which the marriage is to
be performed, and there is usually a lengthy waiting period.
All civil law
countries require proof of legal capacity to enter into a marriage
contract in the form of certification by competent authority that
no impediment exists to 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
prospective marriage abroad to execute an affidavit at the American
embassy or consulate in the country in which the marriage will occur
stating that they are free to marry. This is called an affidavit
of eligibility to marry. Some countries also require witnesses
who will execute affidavits to the effect that the parties are free
to marry
The age of majority
for marriage varies from one country to another. Persons 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.
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 expeditiously. 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.
For more information, see Dual
Nationality. Persons planning to apply for a foreign nationality
should contact an American
embassy or consulate for further information.
HELP!
- The embassy
or tourist information bureau of the country in which the marriage
is to be performed is the best source of information about marriage
in that country. See Foreign
Embassies & Consulates in the U.S.
- General
information on marriage in a limited number of countries can be
obtained by calling 202-647-5225, or writing Overseas Citizens
Services, Room 4811, Department of State, Washington, DC 20520.
- American
embassies and consulates abroad frequently have information about
marriage in the country in which they are located. Use our U.S.
Consulate & Embassy Website Locator to contact the appropriate
U.S. mission abroad.
- Here is
a start, if you would like information on marrying in these countries:
Italy,
Japan,
Spain,
Thailand.
The
information provided in this website is not legal advice and should
not be interpreted as legal advice. This website is intended to
provide a basic understanding of this information in summary form.
This information may not be comprehensive, is subject to change,
and may not apply to all individual circumstances. Any information
received here should be confirmed with the appropriate government
agencies or with an attorney, particularly as it relates to your
individual circumstances. Your use of this website indicates your
agreement to be bound by our Terms
of Use.
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