UNCLASSIFIED (U)
7 FAM 1450
MARRIAGE OF U.S. CITIZENS ABROAD
(CT:CON-946; 11-07-2022)
(Office of Origin: CA/OCS)
7 FAM 1451 INTRODUCTION TO MARRIAGEABROAD
(CT:CON-908; 04-26-2021)
Consular officers are frequently approached for assistanceby U.S. citizens planning to be married abroad. Our citizens often harbormisconceptions about the authority and permissible actions of consular officerswith respect to marriage abroad. This subchapter provides guidance. Forquestions concerning marriage and name changes, see 7 FAM 1343 Appendix C.
Note: The purpose of this subchapter is to give you some familiarity with general concepts and terms related to marriage. You should not attempt to interpret foreign or U.S. laws on this subject, including U.S. state law. Please address your questions about the law to L/CA. We will consult with the Office of the Legal Adviser and state authorities as appropriate. Inquiries received by domestic Passport Agencies should be referred to CA/PPT/L/LA.
7 FAM 1452 AUTHORITIES
(CT:CON-768; 12-21-2017)
The authority of consular officers related to marriage isfound at 22 CFR 92.4(a), 22 CFR 92.36, 22 CFR 92.38, and 22 CFR 92.79(a).
7 FAM 1453 ROLE OF CONSULAR OFFICER
7 FAM 1453.1 What ConsularOfficers Can Do
(CT:CON-119; 12-01-2005)
a. The role of the consular officer is now limited toproviding information obtained from foreign officials on requirements for localmarriages and performing notarial and authentication services.
b. Prior to November 9, 1989, consular officers, whenrequested to do so, could make certain that foreign marriages were effectivefor purposes of U.S. law by acting as official witnesses to the marriage, whenone of the contracting parties was a U.S. citizen, pursuant to the authority ofSection 31 of the Act of June 22, 1860 (12 Stat. 79; 22 U.S.C. 4192). The Actalso provided for issuance of an official certificate of witness to suchmarriage.
c. Section 31 was repealed, effective February 16,1990, by Section 123 of the FY 1990-1991 Foreign Affairs Authorization Act.
d. Certificates of Witness to Marriage, issued byconsular officers pursuant to Section 31 of the Act of June 22, 1860, prior toits repeal, remain valid. Such certificates, using the most recent edition ofForm FS-87, were issued from when it was revised in October 1939, untilNovember 9, 1989.
7 FAM 1453.2 What ConsularOfficers Can’t Do
(CT:CON-768; 12-21-2017)
a. Diplomatic and Consular officers and U.S. Ambassadors cannot conduct marriage ceremonies.
b. You cannot issue any official certificate withrespect to marriage laws, even if knowledgeable about the host country laws ofmarriage (22 CFR 92.4(a)).
c. You cannot make any official certification aboutthe status or eligibility to marry of persons residing in the United States whopropose to be married abroad, or about the laws of the United States or of anyof the fifty States or Territories about eligibility for marriage or thesolemnization of a marriage.
d. You cannot give an official or authoritative opinionon matters of local (host country) law and practices to parties proposing to bemarried abroad.
7 FAM 1454 INFORMATION ON MARRIAGEABROAD
(CT:CON-768; 12-21-2017)
a. Posts should have available a copy of the consulardistrict's local laws on marriage (see 7 FAM 1133.4-5(C)(1)).
b. The Department of State, Bureau of Consular AffairsInternet page includes the following materials about marriage abroad:
Marriage and Divorce
Marriage feature
Country Specific Marriage Information
Marriage to a foreign national
See also 7 FAM Exhibit 1454 Marriage of U.S. Citizens Abroad
c. U.S. embassies and consulates should prepare andprovide inquirers with information regarding the legal requirements formarriage under the laws of the host government in their consular jurisdiction.Such information may also be posted on your consular section web page. Youshould also include or link to appropriate information on U.S. visarequirements for foreign spouses/fiancées.
d. Additional resources from U.S. Citizenship andImmigration Services (USCIS):
How Do I Bring My Fiancé to the U.S.?
How Do I Change My Fiancé's Status to LPR?
Apply for Immigration Benefits as a Battered Spouse
7 FAM 1455 AFFIDAVIT OF ELIGIBILITY TOMARRY
7 FAM 1455.1 Foreign Countries'Requirements
(CT:CON-151; 01-11-2007)
a. Some countries require persons who wish to marry toprovide written proof, issued by governmental authority, that there is no legalimpediment to the marriage. No such document, or governmental authority toissue such document, exists in the United States.
b. In consular districts with such requirements, anotarized statement from the U.S. citizen party to the marriage, affirming thatthe citizen is free to marry, often is accepted in lieu of a governmentalstatement.
c. Posts may wish to ascertain informally, when suchrequirement is present, whether the host government would consider amending itsown marriage license/registration requirements to permit the parties to themarriage to attest that they are free to marry.
d. See 7 FAM830 and 7 FAM 850 for generalguidance on notarial services and affidavits.
7 FAM 1455.2 Form of Affidavit orSworn Statement
(CT:CON-122; 12-20-2005)
When a party to a marriage is required to provide anotarized statement of eligibility to marry, the document must contain sufficientinformation to satisfy the local authorities. After ascertaining what isacceptable; posts may wish to prepare, for use in their own consular district,an appropriate form of such a document, with CA/OCS/ACS guidance as necessary.Depending on the frequency of its use, posts may wish to reproduce it and keepan adequate supply in stock. Posts may wish to use the following sampleaffidavit format as a guide:
Venue
Name of country (Canada);
Name of province (Province of Ontario);
Name of city (City of Ottawa); and
Name of Foreign Service post (Embassy of the United States of America).
Jurat
Subscribed and sworn to before me on (date) by (Name of Affiant)
I (name of affiant), do (swear or affirm) that
I was born on (date of birth) at (place of birth (city, state/province, country).
I reside at (address)
[INCLUDE APPLICABLE TEXT]
I have never been married.
I was married on (date) at (place) to (name). That marriage was dissolved by divorce on (date) at (place (city, state/province, country), (Name of Court)
I was married on (date) at (place) to (name). (Name) died on (date) at (place).
Affiant Signature Block
Signature of Affiant
Typed or Printed Name of Affiant
date
Notarizing Officer Signature Block
Signature of Notarizing Officer
Typed Name of Notarizing Officer
Title of Notarizing Officer
(SEAL)
7 FAM 1455.3 Execution ofAffidavit or Sworn Statement
(CT:CON-119; 12-01-2005)
An affidavit (or sworn statement) of eligibility to marryis executed as any other affidavit or notarized statement (see 7 FAM 850).
NOTE: "Affidavit" may or may not be the correctterm under local law. "Statement" may be more appropriate.
7 FAM 1455.4 Form Letter onMarriage Status
(CT:CON-122; 12-20-2005)
Many countries decline to give their nationals any sort ofcertificate or affidavit, providing instead a form letter which explains thatthey have no information regarding their national’s marital status.Posts should consider the use of a form letter as an alternative to anaffidavit where it is acceptable to the host country, and should use such aletter in any case where there is evidence that affidavits may be used forunlawful purposes, such as marriage fraud.
7 FAM 1456 MARRIAGE BY PROXY OR BYCONTRACT WITHOUT CEREMONY
7 FAM 1456.1 Proxy Marriage
(CT:CON-119; 12-01-2005)
Consular officers are not authorized to give legal adviceabout the validity of proxy marriages without the benefit of a civil orecclesiastical ceremony. Inquirers should be directed to obtain informationabout the validity of proxy marriages from officials of the U.S. State(s) orother country where the marriage has been or is to be performed.
7 FAM 1456.2 Contract Marriage
(CT:CON-119; 12-01-2005)
Consular officers are not authorized to advise inquirersabout the validity of marriages contracted by parties without the benefit ofeither civil or ecclesiastical ceremony. Such information should come fromofficials of the State(s) or other country where the contracting parties are orhave been residing.
7 FAM 1457 VALIDITY OF MARRIAGESPERFORMED BY FOREIGN CONSULS
(CT:CON-119; 12-01-2005)
The validity of marriages performed by foreign consulsdepends on local laws. In the United State, this means state law.
See:
Marriage Laws of the Fifty States
7 FAM 1457.1 Authentication ofForeign Marriage and Divorce Certificates
(CT:CON-946; 11-07-2022)
a. Authentication is a governmental act (rather than anotarial act) by which a consular officer certifies to the genuineness of aforeign document (by verifying the signature, seal, and position of a foreignofficial (see 7 FAM 870 and 22 CFR92.36).
b. The consular officer must compare the foreignofficial’s seal and signature on the document you are asked toauthenticate with a specimen of the same official’s seal and signature onfile either in the Foreign Service office (U.S. embassy or consulate) or in aforeign public office to which you have access. If no specimen is available toyou, you should require that each seal and signature be authenticated by somehigher official or officials of the foreign government until there appears onthe document a seal and signature which you can compare with a specimenavailable to you. See 22 CFR 92.37. Posts should exercise internal controlsin the safekeeping and storage of specimens of the seals and signatures offoreign officials and the granting of access to such specimens. See theConsular Management Handbook on the Bureau of Consular Affairs Intranet pagewhich will soon be superceded by 7 FAH-1.
c. Under 22 CFR 92.36 consularofficers are authorized to authenticate foreign marriage and divorce decrees.In the body of the certificate of authentication, you must include thefollowing statement:
“For the contents of the annexed document, the Consulate (General) assumes no responsibility.”
d. The fee charged for the authentication is thatprescribed by the current Schedule of Fees, assessed separately for theauthentication of each document presented.
e. In countries party to the Hague Apostille Convention (7 FAM 876), consular officers shouldrefer inquiries to the host country authority competent to issue apostillecertificates, rather than providing consular authentication of the document.
f. Note: Consular authentication of the seal andsignature of a foreign official on a foreign marriage record in no way atteststo the validity of the contents of the document. You are only authenticatingthe seal and signature. Questions regarding the validity of the documentshould be directed to the foreign authority which issued the marriage record orthe foreign custodian of marriage records.
g. Questions as to whether the foreign marriage ordivorce record will be recognized or legally enforceable in court is a matterto be determined by the court in the jurisdiction where the document ispresented.
7 FAM 1457.2 Marriage of U.S. Citizens on High Seas
(CT:CON-908; 04-26-2021)
Consular officers should not give legal advice, or even ageneral statement, about the validity of marriages performed on board a vesselon the high seas because their validity and recognition depend upon the variousrequirements of local laws, as construed and interpreted by the courts.Consular officers do not authenticate signatures and seals on a documentregarding a marriage performed on board a vessel on the high seas. Thisincludes marriages performed on U.S. owned vessels and U.S. registered or U.S.owned vessels registered in a foreign country. Consular officers may performnotarial services related to such marriages, but should include the specificwaiver language provided in 7 FAM 834paragraph f. Questions about such marriages may be direct to L/CA.
7 FAM 1457.3 Void and VoidableMarriages
(CT:CON-908; 04-26-2021)
A marriage that does not conform to the laws of thecountry or state in which it was performed generally is voidable and may bedeclared void by an appropriate authority, usually a court in the jurisdictionwhere the marriage occurred. Prior to such judicial declaration, the marriageusually is considered valid for all purposes. Even after a marriage is voided,the children's status usually is not affected. Every state in the UnitedStates, for example, considers children of a void marriage to be legitimate.However, some marriages are considered void ab initio, as opposed to voidable.If you have questions about this subject, contact L/CA.
7 FAM 1458 Certificates of Witness toMarriage
(CT:CON-946; 11-07-2022)
a. With the repeal of the old 1860 statute on"solemnization of marriages", 22 U.S.C. 4192 on November 9, 1989, U.S.consular officers ceased issuing "Certificates of Witness to Marriage.
b. Copies of certificates of witness to marriage areavailable from
U.S. Department of State
Passport Vital Records Section
CA/PPT/S/TO/RS/DO/VR
44132 Mercure Circle [DHL/FedEx/UPS]
P.O. Box 1213 [USPS]
Sterling, VA 20166-1213
Telephone (public): 202-485-8300
For additional information see the Passport Servicessection on the Bureau of Consular Affairs Internet page. Inquirers shouldsubmit a signed and notarized written request including all pertinent facts ofthe occasion along with a copy of the requester’s valid photoidentification. If the requester possesses a copy of the Certificate ofWitness to Marriage, they should enclose aphotocopy to aid in our file search. The following information must beincluded in the request:
General Information to include in signed, notarized request …
Date of request
Purpose of request
Document Requested: Certificate of Witness of Marriage
Number of documents requested
Current mailing address and daytime telephone number of requester
Facts of Marriage
Name (at marriage
Date of birth/death/marriage
Country Where Marriage Occurred
Father’s name
Father’s date and place (state/country) of birth
Mother’s name
Mother’s date and place (state/country) of birth
Fees
See 22 CFR 22.1 Schedule of Fees for Current Fees.
Submit Request To:
U.S. Department of State
Passport Services
Vital Records Section
1111 19th Street, NW, Suite 510
Washington, DC 20522-1705
Turnaround Time
Most consular vital records must be retrieved from off-site repositories, including the National Archives. Thus, the time it takes varies greatly based on the type of record and date of occurrence, making it difficult to give a definite timeframe. However, in most cases, turnaround is four to eight weeks.
Expedited Service
Overnight delivery can save about ten days processing time, but there is no way to reduce the retrieval time. Overnight return via express courier services is available for an additional $14.85 or the requester may provide a pre-paid airbill for the carrier of choice.
Additional Information
The Vital Records Section can be reached at (202) 485-8300.
7 FAM 1459 FORCED AND ARRANGEDMARRIAGES OF ADULTS
(CT:CON-122; 12-20-2005)
a. Most cases of forced marriage involve young womenand girls aged between 13 and 30 years, although there is evidence to suggestthat as many as 15 per cent of victims are male. The Department considers aforced marriage to be a violation of basic human rights. The issue of forcedmarriage is addressed in the annual Human Rights Reports. Some countries haveissued travel advice and other reports regarding forced marriage.
b. Arranged marriages have been a long-standingtradition in many cultures and countries. The Department respects thistradition, and makes a very clear distinction between a forced marriage and anarranged marriage. In arranged marriages, the families of both spouses take aleading role in arranging the marriage but the choice whether to accept thearrangement remains with the individuals.
c. In a forced marriage, at least one party does notconsent or is unable to give informed consent to the marriage, and some elementof duress is generally present. As 7FAM 1741 explains, the Department considers a forced marriage to be aviolation of basic human rights. While forced marriages are known to occurworldwide, they are more prevalent in some countries and within some culturaland religious groups. If there is a cultural bias or a history of forcedmarriages in your consular district, you should be prepared to take appropriateaction on these cases when U.S. citizen/nationals are involved.
d. See 7 FAM160 Family Abuse Situations, 7 FAM180 Refuge: Temporary Emergency Protection of Private U.S. Nationals, and 7 FAM 1740 Forced Marriage ofMinors.
e. Post reporting regarding American Citizens Servicesconsular protection activities and incidents involving forced or arrangedmarriages should include CASC, KWMN and PHUM TAGS.
7 FAM Exhibit 1454
MARRIAGE OF U.S. CITIZENS ABROAD
(CT:CON-495; 11-07-2013)
DISCLAIMER: THE INFORMATION IN THIS CIRCULAR IS PROVIDED FORGENERAL INFORMATION ONLY AND MAY NOT BE TOTALLY ACCURATE IN A PARTICULAR CASE.QUESTIONS INVOLVING INTERPRETATION OF SPECIFIC U.S. STATE OR FOREIGN LAWSSHOULD BE ADDRESSED TO LEGAL COUNSEL IN THAT JURISDICTION.
a. Who May Perform Marriages Abroad
U.S. diplomatic and consular officers are NOT permitted toperform marriages (Title 22, Code of Federal Regulations 52.1). Marriagesabroad are almost always performed by local (foreign) civil or religiousofficials.
As a rule, marriages are not performed on the premises ofan American embassy or consulate. The validity of marriages abroad is notdependent upon the presence of an American diplomatic or consular officer, butupon adherence to the laws of the country where the marriage is performed.Consular officers may authenticate foreign marriage documents.
b. Validity of Marriages Abroad
In general, marriages which are legally performed andvalid abroad are also legally valid in the United States. Inquiries regardingthe validity of a marriage abroad should be directed to the attorney general ofthe state in the United States where the parties to the marriage live.
c. Foreign Laws and Procedures
The embassy or tourist information bureau of the countryin which the marriage is to be performed is the best source of informationabout marriage in that country. Some general information on marriage in alimited number of countries can be obtained from Overseas Citizens Services Inaddition, U.S. embassies and consulates abroad frequently have informationabout marriage in the country in which they are located.
d. Residence Requirements
Marriages abroad are subject to the residency requirementsof the country in which the marriage is to be performed. There is almost alwaysa lengthy waiting period.
e. Documentation and Authentication
Most countries require that a valid U.S. passport bepresented. In addition, birth certificates, divorce decrees, and deathcertificates are frequently required. Some countries require that the documentspresented to the marriage registrar first be authenticated in the United Statesby a consular official of that country. This process can be time consuming andexpensive.
f. Parental Consent
The age of majority for marriage varies from one countryto another. Persons under the age of 18 must, as a general rule, present awritten statement of consent executed by their parents before a notary public.Some countries require the parental consent statement to be authenticated by aconsular official of that foreign country in the United States.
g. Affidavit of Eligibility to Marry
All civil law countries require proof of legal capacity toenter into a marriage contract in the form of certification by competentauthority that no impediment exists to the marriage. No such document exists inthe United States. Unless the foreign authorities will allow such a statementto be executed before one of their consular officials in the United States, itwill be necessary for the parties to a prospective marriage abroad to executean affidavit at the U.S. embassy or consulate in the country in which themarriage will occur stating that they are free to marry. Some countries alsorequire witnesses who will execute affidavits to the effect that the partiesare free to marry.
h. Additional Requirements
Many countries, like the United States, require bloodtests.
Some countries require that documents presented to themarriage registrar be translated into the native language of that country.
i. Loss of U.S. Nationality
In some countries, marriage to a national of that countrywill automatically make the spouse either a citizen of that country or eligibleto become naturalized in that country expeditiously. The automatic acquisitionof a second nationality will not affect U.S. citizenship. However,naturalization in a foreign country on one’s own application or theapplication of a duly authorized agent may cause the loss of U.S. citizenship.Persons planning to apply for a foreign nationality should contact an Americanembassy or consulate for further information.
j. Marriage to an Alien
Information on obtaining a visa for a foreign spouse maybe obtained from any office of the Bureau of Citizenship and ImmigrationServices in the Department of Homeland Security, U.S. embassies and consulatesabroad, or the Department of State Visa Office, Washington, DC 20522-1707.General information regarding visas may be obtained by calling the Visa Officeon 202-485-7600.
UNCLASSIFIED (U)
