When applying for a marriage-based green card, you will need to provide proof of your valid marriage to the U.S. government. This proof usually comes in the form of a marriage certificate (also known as a marriage contract or marriage license). If you already have a copy, you’re ahead of the game.
However, if you can’t find your marriage certificate, don’t worry! You can still begin your green card application and gather the certificate as you progress. In this guide, we’ll explain how to get an official copy and what to do if you can’t obtain one.
Who Needs to Provide a Marriage Certificate?
If you’re applying for a marriage-based green card, you must submit a copy of your marriage certificate along with your family sponsorship form (Form I-130, “Petition for Alien Relative”). You’ll also need to bring the original certificate or an official replacement to your green card interview.
What Information Should a Marriage Certificate Include?
Your marriage certificate must show the following details:
- Full names of both spouses
- The location of your marriage
- The date of your marriage
What If I’ve Been Divorced?
If either spouse has been married before, you will need to provide divorce papers for each prior marriage.
What If My Name Is Different on Other Documents?
If you changed your name after your most recent marriage, your marriage certificate will serve as proof of your new name. However, if your name changed due to something other than marriage (such as adoption or a prior divorce), you will need to provide legal evidence of the name change, such as an adoption decree or court order.
What If My Marriage Certificate Isn’t in English?
If your marriage certificate is not written in English, you must include a certified English translation along with the original document.
What If I Had a Religious or Traditional Wedding Without a Certificate?
For couples who had a religious or traditional wedding but did not receive an official marriage certificate, see the “Religious and Traditional Weddings” section below for guidance on alternative documents.
Where to Get a Copy of Your Marriage Certificate
If you don’t have your original marriage certificate, you’ll need to request an official copy from the appropriate government office. Here’s how to get one based on where your marriage took place:
If married in the United States:
You can request a certified copy from the office of Vital Records in the state where your marriage occurred. You can also contact the county clerk, city or town hall, or civil registrar in the area where you were married. The Centers for Disease Control and Prevention (CDC) website provides detailed information about vital records offices, including their locations and fees.
If married abroad:
Visit the U.S. Department of State’s website to find information on how to obtain a marriage certificate from the country where your marriage took place. The site will provide the name of the issuing authority, current fees, and procedures for requesting a copy. Be sure to check the country’s specific requirements, as they may differ.
What to Do if You Can’t Get a Marriage Certificate
If you cannot obtain a marriage certificate, you can submit the following documents instead:
- Notarized Affidavit: A personal affidavit that explains the facts of your marriage and why you are unable to obtain an official marriage certificate.
- Certified Statement: A statement from the government agency explaining why the marriage certificate is unavailable.
If you cannot get a statement from a government agency, you will need to provide at least two additional notarized affidavits from people who know your marriage well (such as a parent or close relative). These affidavits should include the following details:
- Full names of both spouses
- Date and place of the marriage
- Affiant’s full name, address, and place of birth
- Relationship to you
- How well do they know you
- How do they know the details they are swearing to
Religious and Traditional Weddings: What If I Don’t Have a Marriage Certificate?
Many couples from different cultures or religions have weddings that are not officially registered with the government. If your marriage took place in this way, you may not have an official marriage certificate. In such cases, it’s important to review the specific marriage laws of the country where the marriage occurred.
What should I do if I don’t know where my marriage took place
If you are unsure where your marriage took place, there are several steps you can take to find this information:
1. Check Personal Documents
- Marriage Certificate: If you have a copy of your marriage certificate, it will specify the location of your marriage. If you don’t have it, you can request a copy from the vital records office in the state where you believe the marriage occurred.
- Other Legal Documents: Review any legal documents that may reference your marriage, such as tax returns or insurance policies.
2. Search Marriage Records
- Public Records: Marriage records are generally public and stored at the county or city level. You can search for these records by visiting the website of the National Association of Counties or your local county clerk’s office. You may need to know:
- The full names of both parties.
- An approximate date range for the marriage.
- The state and county where you think the marriage might have occurred.
3. Utilize Online Resources
- Genealogy Websites: Websites like Ancestry.com and FamilySearch.org offer tools for searching marriage records. They often have indexes and digital images of records available.
- Social Media and Registries: If your marriage was recent, check social media platforms or wedding registries (e.g., The Knot, Macy’s) which may provide clues about the wedding location.
4. Contact Relevant Authorities
- If you’re still unable to find the information, consider contacting local vital statistics offices directly. They can guide you on how to obtain marriage records specific to their jurisdiction.
5. Consider Alternative Evidence
- If all else fails, you may provide alternative documents such as notarized affidavits from relatives or friends who can confirm details about your marriage, including when and where it took place
Some countries, like Somalia, may have special guidelines for submitting alternative documents in place of a marriage certificate. While many religious or traditional weddings are legally recognized, the paperwork requirements can vary from country to country. If your marriage is not legally recognized in the country where it occurred, you may still be asked for alternative documentation.
If you’re unsure about the requirements, consulting with an immigration attorney can help clarify the specific rules and paperwork needed for your situation.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel straightforward and successful. Whether you’re applying for a K-3 Visa or an EB-5 Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas have a strong record of helping clients secure the visas/permits they need for International travel. You can call us today at +234 812 5505 986 to learn how we can help you.
