Marriage of US Citizens Abroad

Marriages that are performed outside of the United States are considered valid in the country where they take place, so long as they are entered into in accordance with local law. This means that if the marriages meet all of the requirements to be recognized in the Country in which they occur, they will be considered a valid marriage.

As far as the recognition of the validity of marriages performed abroad by the United States, that will be dependent on the laws of the state in which the marriage is to be recognized. It is important to first note that the process of getting married overseas is often time consuming and expensive. This is because the procedures for United States citizens getting married outside the United States will vary from country to country, with some countries requiring lengthy preparations.

As such, if you plan to get married in a foreign country, it is important to first understand the specific requirements for a valid marriage in that country, prior to traveling. Importantly, a couple can easily get married in the state in which they reside, and then have a marriage ceremony abroad without the necessity of understanding international marriage recognition laws.

Although the exact requirements for a valid marriage will differ by location, examples of common requirements for being married abroad may include:

• Foreign Residency: Some places require that persons seeking to be married within their country must first be a resident in that country for a specified period before a marriage may be performed there;
• Blood Tests: Some countries require a blood test prior to allowing a marriage to occur:
• Minimum Age: Many places have a minimum age requirement for persons seeking to get married.
  • In some cases, if one or both individuals is a minor, parental consent may be necessary;
• Proof of Divorce: If a person was married previously, they may need a proof of divorce or other documents that certify the end of any previous relationship.
  • These documents must often be translated into the local language and authenticated; and/or
• Affidavit: Some countries require an affidavit signed by the parties as proof of their eligibility and legal capacity to enter into a marriage contract.
  • In general, parties can execute such an affidavit at a U.S. embassy or consulate;

As can be seen, the requirements for getting married in a foreign country will differ based on the place in which the people are seeking to be married. As such, it is important to consult with the local embassy or tourist information bureau of the country where you plan to marry to learn about that location’s specific requirements for a valid marriage.

The reason why it is so important to execute a valid marriage in another country, is because invalid marriages will not be recognized in the United States. Thus, if you are already abroad and planning on getting married, it is important to consult with the nearest United States embassy or consulate to figure out if your marriage will be recognized in the United States and what documentation may be needed.

What Types of Marriages Are Considered Legal In The United States?

Once again, the United States does not recognize invalid marriages. An invalid marriage is, quite simply, a marriage arrangement that is not recognized as valid and legal by the law. Importantly, marriages that are found to be invalid may require an annulment instead of a divorce when the couple no longer wishes to be married, or when the marriage must be dissolved due to its invalidity.

A wedding that occurs in a foreign country will generally be considered valid by the United States so long as it is legal in the country where the marriage occurs. Examples of types of marriages that are considered invalid in the United States include:

• Bigamy: Bigamy occurs when one spouse is already married to someone else and goes through a wedding ceremony;
  • Bigamy may also occur when either one or both of the people involved in a relationship are wrong in their belief that a previous marriage ended because of death or divorce;
• Incest: Most state laws define incest as sexual relations with a close family member. Incest is illegal in all U.S. states under sex crime laws.
  • A marriage involving individuals that are related to each other will likely be considered invalid.
  • It is important to note that some states do allow marriages between first cousins, while others do not;
• Polygamous Marriages: A polygamous marriage occurs when an individual is married to more than one person at any time, and is illegal under both federal and state laws
  • In order for polygamy to occur, a person must also engage in bigamy;
• Underage: The age in which a person may be legally married varies from state to state. As such, any marriage involving individuals that have not reached that age of marriage will not be recognized.
  • It is important to note that most states will exempt an underage marriage if both parents of the minor consented to the marriage;
• Sham: A sham marriage is a marriage where the couple did not intend to wed for the sake of marriage, but in an effort to reap certain benefits or evade specific circumstances.
  • For instance, if two people got married in order to receive greater military benefits or for immigration purposes, that may be considered a sham marriage.
• Fraud: If one partner misled the other partner into a marriage, most states will consider that marriage void or voidable.
  • For example, one spouse proving that the other lied about their ability to have children in order to persuade the other person to marry them, may be considered grounds to void or annul a marriage.
  • It is important to note that the United States Citizenship and Immigration Services (“USCIS”) investigates the authenticity of any marriages between a United States citizen or a green card holder, and a foreigner for fraud;
• Incapacity: A marriage may be invalid if a person with mental illness lacked capacity and could not understand what marriage is at the time that the marriage occurred;
• Proxy: Both parties to a marriage must generally be present at the time in which the marriage ceremony was performed.
  • As such, if one or both spouses were not physically present at the time of the ceremony, then the marriage is invalid; and
• Duress: Similar to fraud, a marriage may be invalid if one spouse proves that the other spouse coerced them into the marriage.

It is important to note that even though some of the above marriages may be recognized abroad, because they are considered invalid in the United States, they will not be recognized when and if the couple returns to the United States.

Further, if a foreign country does not recognize what is considered to be a valid marriage in the United States, such as same-sex marriages, then the U.S. will also not recognize the marriage. This is because the marriage must be considered valid in the place or jurisdiction where it took place.

It is important to note that there isn’t a national registry or a formal process for registering a foreign marriage in the United States. Once again, this is because the United States will recognize marriages that were legally binding and valid in the country or state in which they took place.

How Do I Sponsor a Spouse After Marriage?

In general, a United States citizen may sponsor their spouse in order to allow their spouse to obtain a green card and enter the United States after a foreign marriage. This process is sometimes referred to as a green card marriage. A green card marriage refers to a marriage arrangement between a United States citizen and a non-citizen.

In a green card marriage, the non-citizen may be granted a Conditional Permanent Resident status, which may later be dropped and replaced with Lawful Permanent Resident (“LPR”) status. The LPR status then allows a person to legally and permanently work and live in the United States.

In general, the couple must also submit proof of the marriage to USCIS showing that the marriage was not entered into fraudulently nor for the purpose of deceiving immigration officials. The U.S. citizen spouse may then act as a “sponsor” during the visa application process and communicate with their local U.S. embassy or consulate to move forward on their spouse immigrating to the United States.

Do I Need a Lawyer for Help With Getting Married Abroad?

If you are a United States citizen and are either planning to or have already been married abroad, it may be in your best interests to consult with an experienced family law attorney. An experienced family lawyer that is familiar with immigration laws will be able to help guide you through the process of ensuring your marriage is recognized as valid within the United States.

Additionally, an experienced attorney can also assist you if you or your spouse were not a United States citizen at the time of the marriage. Finally, if you encounter any issues regarding your marriage being recognized, an attorney can help you in the process of having your marriage recognized.