Preparing a marriage certificate for United States immigration

A guide to obtaining a copy of a marriage certificate from the official authority and to substitute documents when filing a United States marriage-based green card case.

How to obtain a copy of a marriage certificate

Right at the start of the marriage-based green card process, each couple must provide evidence of a valid marriage to the United States government. That evidence includes a copy of the marriage certificate — also known as a marriage contract or marriage licence. Applicants are a step ahead where they already have this document.

However, where the marriage certificate cannot be found, do not worry. Applicants may still begin the marriage-based green card case and gather the certificate as they go along. In this guide, the content will show how to obtain this document from an official source and what may be submitted as a substitute document where a copy cannot be obtained.

Where to obtain a copy

Applicants will need to obtain an official copy of the marriage certificate from a government authority where they do not have the original or where the original does not show the necessary information.

For those married in the United States, they may request an official copy from the vital records office in the state where the marriage took place. On its website, the Centers for Disease Control and Prevention (CDC) sets out the name and address of each vital records office, as well as the current fee. Alternatively, they may request this document from a county clerk, a city or town hall, or a civil registry in the place where they married.

For those married abroad, they will need to check the United States Department of State website for the name of the issuing authority in the country where the marriage took place, as well as the current fee and process for obtaining an official copy. (At the top left of the website, they will need to select the first letter of their country’s name, select the country, and click the “Marriage, Divorce Certificates” tab to see the information needed.)

Substitute documents

Where the marriage certificate cannot be found or an official copy cannot be obtained, the applicant must submit both of the following documents instead:

• A notarised personal affidavit (written explanation) in which the applicant describes the facts of the marriage and why an official copy of the marriage certificate cannot be obtained
• A certified statement from the appropriate government authority explaining why the marriage certificate is unavailable

Where a certified statement cannot be obtained from a government authority, the applicant must provide at least two additional notarised personal affidavits from other people, such as a surviving parent or an older family relative. In the affidavit, they must confirm that they have personal knowledge of the marriage and describe the following:

• The full names of the applicant and their spouse
• When and where the marriage took place
• Their own full name, address and place of birth
• Their relationship to the applicant
• The extent of their knowledge of the applicant
• How they know the information they are attesting to

Religious and traditional wedding ceremonies

What to do where there is no marriage certificate because there was a religious or traditional wedding ceremony? Where it is customary in the applicant’s culture or religion to hold a wedding ceremony without reporting the event to a government authority, it is likely that they will not have an official marriage certificate. In this case, the applicant first needs to consult the specific guidance for the country where the marriage took place (see the section above).

In some countries, such as Somalia, the guidance on submitting evidence of marriage will specify other types of document to be provided in place of a marriage certificate. This is common in many countries where marriage certificates are not usually issued because of religious or traditional practices, but that does not necessarily mean the marriage is not legally recognised — in many cases it is.

A spouse applying for agreen cardneed only provide the substitute documents (see the section above). Note that the requirements for substitute documents may vary considerably from country to country.

However, some countries do not legally recognise religious or traditional wedding ceremonies at all, and these countries’ marriage certificate requirements on the Department of State website may or may not indicate this. Where they do not legally recognise the applicant’s marriage, they may still require only the substitute documents.

But where there is no such guidance from the Department of State, it is generally best to consult an immigration attorney who can research the marriage laws of the country where the marriage took place.