Shilpa Malik 
Neermala Persaud 
Getting married is one of life’s most unforgettable moments. However, with all the wedding planning, it can be easy to overlook the paperwork involved. Many couples forget to apply for a marriage license and end up having a whole wedding celebration without actually being legally married.
Obtaining a valid marriage certificate is a critical step for any marriage-based green card application. From securing your initial marriage license to providing the final certified marriage certificate to USCIS, understanding the correct documents is essential to proving you are legally married. In this guide, we’ll explore how to obtain the marriage license and marriage certificate, as well as answer some of the most frequently asked questions about the marriage certificate.
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Difference Between a Marriage License and a Marriage Certificate
The difference between a marriage license and a marriage certificate is that the marriage license is the authorization to get married, while the marriage certificate is the official record proving that the marriage took place.
In any marriage, obtaining a marriage license is the first step. You can apply for a marriage license in person or online, and typically, both parties need to be age 18 or older (those under 18 will need consent from one or both parents, depending on the state).
After the marriage ceremony, the marriage license is returned to the Clerk of Circuit Court to be filed and recorded.
Check out this Courthouse Wedding for Immigration: Complete Guide
A courthouse marriage is non-religious in nature and legally binding. As the name suggests, it takes place in a courthouse or city hall within the U.S. At the end of the ceremony, you will receive a marriage certificate, which is an official government document that is submitted when applying for a marriage-based green card.
Checklist of Marriage License Requirements
Prior to getting the marriage license, you’ll need to have a plan for the location where you’ll be getting married. Depending on the state, some marriage licenses need to be obtained in the same county. A U.S.-based marriage license is not valid outside the state/county where it was issued, and is subject to the requirements of the state and county where it was issued, including age restrictions, waiting periods, and documentation.
Depending on the state and county, you should also know how long the marriage license is valid for before it expires. For example, if the marriage license in your county expires after 90 days, you’ll need to plan your wedding so it’s still valid by that point.
What happens if your marriage license expires before you get married?
You will have to refile for your marriage license, but do so at least a week before the wedding in case there’s a waiting period.
Take the following items with you to get your marriage license at the county clerk’s office:
- Federal/state government photo I.D. card
- Driver’s license
- Passport
- U.S. Military I.D.
- State I.D. card
- Alien registration card
Tip: Make an appointment for the marriage license, which may save you time waiting!
Whichever item you choose to bring, make sure it displays the correct legal name and date of birth. If you’ve been issued a Social Security Number, then you will be asked to provide that as well during the application process for your marriage license. If one partner is not currently a U.S. citizen, they can use their alien registration number as well.
If any children have been born (before marriage), you may need to complete an Affirmation of Common Child(ren). For those who have a divorce in their past history, be sure to keep your divorce decree or certificate, since you will need it later on for immigration purposes.
If the divorce happened in the United States, you can contact the county clerk’s office or clerk of the court in the state where the divorce occurred. If one partner is widowed, bring the death certificate.
VisaNation ensures that your application is tailored for the correct application pathway.
In some states, you may need to have a witness present for the marriage license application. Inquire with your county clerk’s office.
What Happens After the Wedding Ceremony
After the marriage ceremony, you will get the marriage license signed, and the officiant can submit it to the county’s office. After that, you’ll receive your marriage certificate. Do NOT try to bypass the legal system and get a fake marriage certificate online.
Fake Marriage Certificate
Obtaining a fake marriage certificate for immigration purposes is a serious federal crime with severe penalties.We know that many online templates exist for marriage certificates, and so does USCIS. If you obtain a fake marriage certificate, you may face up to five years’ imprisonment and a $250,000 fine. These laws are in place to penalize anyone who knowingly enters into a marriage to bypass U.S. immigration laws.
Genuine Relationship Evidence
During the green card process, USCIS will ask for proof of a bona fide relationship, including cohabitation (living together), in addition to the real marriage certificate.
If you do not currently live together, discuss this with your lawyer. You will likely need to provide a letter to USCIS detailing why you live apart and when you intend to share a common residence. This won’t be an automatic roadblock to obtaining a green card if you can demonstrate a valid reason why you do not live together currently.
Ex: If you are in different states due to a job, school, or other temporary reasons, you can explain that your seperation is only for practical reasons that you boh still have a genuine maritial relationship.
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Copies of the following can be provided to bona fide the relationship, and they should name both spouses:
- Property title/deed
- Lease documents
- Tax returns
- Health insurance
- Utility/Phone bills
- Evidence of trips taken together
Children Born
If you have children together, this is a great way to demonstrate proof of the relationship. Copies of the children’s birth certificate (listing both spouses), adoption paperwork, or school/medical records can be provided. Additionally, photos of the family together.
Other Forms of Proof
The strongest evidence for your case will be things like joint bank accounts, insurance policies, and joint household bills, but below are some other forms of proof:
- Photos of the family/wedding
- Travel receipts
- Text messaging/phone records
- Receipts for gifts purchased for each other
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Preparing for the Green Card Interview
After your marriage, when both of you are in the U.S., the foreign-born spouse will need to attend a green card interview at a local USCIS field office along with their partner. The interview is a crucial step in proving that your marriage is genuine and not entered into for immigration purposes.
You may or may not be interviewed together, as this will depend on the immigration officer. Some officers choose to interview both spouses together, while others may conduct separate interviews to compare answers and verify consistency.
You will NEED to bring your original or official certified marriage certificate for this interview. You can request an official certified marriage certificate at a state vital records office, most likely where your marriage license was issued, and it usually costs between $5-$20 to obtain a copy.
Learn more about Marriage-Based Green Cards in this guide.
Green card processing times may be significantly longer if your application contains errors, if USCIS experiences backlogs, or due to changes in policies or visa allocations.
Frequently Asked Questions
Here are some of the most commonly asked questions related to submitting proof of marriage for immigration purposes and genuine relationship evidence.
How does USCIS verify marriage?
They do so by carefully reviewing all the previously mentioned forms of proof you submit like your marriage certificate, joint accounts, etc.
When do I need my official marriage certificate for the purposes of immigration?
When filing Form I-130, Petition for Alien Relative, you will need to submit a copy of the marriage certificate and also have a copy available for the green card interview.
Is there a fee to get a marriage license?
There is a fee to obtain a marriage license, and it ranges from state-to-state.
Are blood tests required for a marriage license?
No, blood tests are not required for a marriage license.
What should you bring if one partner was previously married?
The partner that was previously married should know the exact date of the last divorce.
What documents can be used for proof of marriage?
Apart from a marriage license and certificate, joint bank account statements can be used to show the marriage is bonafide as well as proof of cohabitation like deeds or titles for property owned together, life insurance policies showing coverage for both partners, joint health or auto policies, etc. Talk to your immigration attorney about what the best proof of relationship documents are for your case.
What if I got married in a different country and the real marriage certificate is not in English?
You should have any official documents that are not in English translated professionally.
How do I get a copy of my marriage certificate from my home country?
Learn how to determine the issuing authority where your marriage occurred with the help of the U.S. Department of State.
What should I do if my name has changed?
If you changed your last name after getting married, then the marriage certificate can be used as evidence of such however, if it changed because of a divorce, you will need to submit evidence of such.
How do I get my marriage certificate?
After the marriage ceremony, the license will be signed and the officiant will return to the Clerk of Circuit Court to be filed and recorded.
How can I get a copy of my marriage certificate?
You can typically request certified copies by mail or online. Check the county clerk's office in the place you were married and filed it.
What should the marriage certificate show?
It should show the names of both partners, the place, and date of marriage.
What if I don’t have a marriage certificate because I had a religious or traditional wedding ceremony?
Unfortunately, this may not be considered an official wedding by the government agency if you don't have an official marriage certificate to prove it. Discuss this situation with your immigration lawyer to determine the best course of action.