Getting Married Overseas

Some couples dream of a destination wedding on a tropical island or in the romantic countryside of another country. Others may want to get married abroad where they were born or have family ties.

There are several additional legal requirements when getting married in another country. Overseas marriages can become more complicated when they involve spouses who are citizens of different countries. Consular processing delays, State Department applications, and records requests could further delay a foreign wedding. Before going through a wedding in another country, talk to a family law attorney in your state.

Is a Wedding in a Foreign Country Legal?

When getting married in a foreign country, you must follow their local laws for marriage. Every country has different marriage laws. For instance, some countries may not allow same-sex marriages or marriages of people with different religions.

When using overseas documents, including birth certificates or other necessary records, you may need to translate documents into the country’s official language and other authentication procedures. Examples of some of the individual requirements may include:

• A minimum period of residency in the country
• Blood tests, medical tests, or other health certificates
• Consent of the spouses’ parents
• Minimum age requirements
• Documents certifying the end of a previous marriage, often called a certificate of no impediment (death certificate or certified copy of divorce certificate or divorce decree)
• Birth certificate with an official translation and notary approval
• Affidavit of eligibility to marry or certificate of marriageability or actual marriage license
• Converting religion for certain faiths and certificate of religious ceremony
• Certificate from the home country stating you are not already married
• Filing fees

If you have questions about another country’s wedding requirements, you should contact that country’s embassy or consular officers. Of course, you can always hold an informal “commitment ceremony” for your destination wedding and seek a legally binding ceremony when back in the U.S. if all of this sounds like too much work.

Residency Requirements for Getting Married Abroad

Some countries have a residence requirement and a waiting period before you can be legally married in that country. In some countries, the residency requirement is very short, as little as 24 hours before the big day, making a residence requirement a formality that only requires a passport stamp or plane ticket for proof. Other countries waive the residency requirement through additional fees.

Other countries have longer residency requirements that essentially require temporary relocation. For example:

• U.S. citizens getting married in Italy or Croatia do not have to meet an official residency requirement.
• Couples must be present in the Bahamas for 24 hours before the date of the marriage application.
• In Spain, if neither person is a Spanish citizen, at least one spouse has to have legal resident status for the previous two years.
• If two U.S. citizens are getting married in China, one has to become a permanent resident before they can have a wedding.

Will the U.S. Recognize Marriages in Foreign Countries?

If you are a U.S. citizen and want to get legally married in a foreign country, you must also make sure the marriage will legally be recognized when you return to the U.S. This is especially important if your marriage abroad is to someone from another country who is seeking legal residency in the United States.

A wedding in a foreign country will generally be considered valid by the U.S. as long as it is legal in the country where the marriage occurs. Depending on the country, this may include religious or civil ceremonies when they comply with the local laws.

However, in some cases, a marriage in another country may not be recognized if it directly conflicts with U.S. marital laws. For example, suppose a resident of another country has multiple legal spouses where polygamy is legal. However, American citizens cannot have more than one legal spouse, even if they were legally married to multiple spouses in another country. In that case, you would have to designate one legal spouse upon immigration to the U.S. 

Do You Need to Register Your Overseas Marriage in the U.S.?

The U.S. recognizes foreign marriages just like U.S. states recognize marriages in other states. There is no national marriage registration process in the U.S., and a marriage performed legally in another country generally qualifies as a legal marriage. However, if you are marrying someone and seeking to get your non-citizen spouse legal status in the U.S., you will generally have to apply for residency or citizenship through the U.S. Citizenship and Immigration Services (USCIS).

After marrying a U.S. citizen, foreign spouses can apply for a “green card.” The process begins with filing a Form I-130 “Petition for Alien Relative.” For an overseas marriage, the foreign spouse may need a medical exam and an interview at a U.S. embassy or consulate.

The USCIS will recognize civil marriages when couples have valid marriage certificates issued by local authorities. As part of the process, you may need to show you have a valid marriage. Evidence may include:

• Interviews with immigration officials
• Documents that show you are living together
• Listing your spouse on insurance policies
• Documentation of joint property ownership
• Combined financial resources
• Birth certificates of your children
• Affidavits of third parties who have personal knowledge of your relationship

Can I Divorce in the U.S. After an Overseas Marriage?

If you live in the United States and want to get a divorce, you have to complete the legal process in the state where you live. Even if you were married abroad, you can get divorced based on your U.S. state of residence.

In general, only one spouse needs to reside in the state to file for divorce. Divorce requirements may have minimum residency requirements and living separate and apart for a minimum period. It is important to talk to a local divorce lawyer in your home state to find out what you need to do to get a divorce.

Is an Online Marriage Legal?

In some states, it may be legal to get married online. Some U.S. states began to recognize online video ceremonies where spouses were in multiple locations due to the COVID-19 pandemic. Many more states have adopted and continue the practice due to advancements in digital security and the ease it places on over-burdened courthouses and clerks’ offices.

Overseas Marriages for Military Service Members

Many American service members meet their spouses while stationed overseas. There are no specific restrictions or requirements for military members. Just like a civilian, you just have to comply with the state’s marriage requirements where you are a resident. However, if you want to marry a foreign national, you may need to apply for approval before getting married. This applies to service members stationed overseas or those who are traveling to another country to get married. Your foreign spouse may be subject to:

• Medical certificates and screening
• Background investigation
• Marriage counseling
• Evidence of financial ability to provide for the spouse
• Parental consent, if necessary

Can You Get Married in Another Country If You Are Already Married in the U.S.?

U.S. law does not recognize multiple marriages or polygamist marriages. If you live in the U.S., you can only have one legal spouse. Polygamy can be disqualifying for citizenship for foreign nationals immigrating to the United States. While some religious groups in the U.S. do practice polygamy, it is not recognized legally.

If you are already married to someone in the U.S., what happens overseas may be up to the foreign country where it occurs. If polygamy is recognized in another country, you may be able to get married again. However, if you return to the U.S., your additional foreign marriage will generally not be recognized. If you are already married in the U.S., you have to get legally divorced or widowed before you can remarry.

Laws in this area vary significantly from state to state and country to country. To be fully prepared for a wedding in a foreign country, you should contact a local, experienced family law attorney before planning a wedding in a foreign country.