United States of America: Whether it is possible for illegal immigrants to be legally married in the United States; whether they are required to produce any documents in order to be married; whether the marriage certificate issued to illegal immigrants is the same as the one issued to U.S. citizens and legal residents

Published references that cover the rules, requirements and description of marriage certificates for all states and counties of the United States, whether in reference to persons who are legal residents or not, could not be found among the sources consulted by the Research Directorate within the constraints of this Response. A portal with links to websites of agencies responsible for vital records for each state can be found at .

The information that follows was provided by a Pastor of the Iglesia Unida de Cristo/United Church of Christ in North Carolina, who has officiated numerous marriage ceremonies in the United States and Canada, during a 3 September 2003 telephone interview.

There is no single law or regulation governing marriage permit and certificate requirements in the United States. Marriage law is enacted at the state level, and this sets the general framework for specific requirements that may apply to many or a single given county within a state.

Marriage requirements vary greatly within the United States, from state to state, and even from county to county. In Alabama, for example, state law requires prospective spouses to submit to blood tests to check for tuberculosis and sexually transmitted diseases before a marriage permit can be issued. In North Carolina, no such requirement exists, and marriage permits can generally be obtained and marriages performed on the same day that they are requested, upon presentation of certain documents.

North Carolina, for example, requires presentation of personal identification documents; in the case of a foreigner, it can be a passport or a Mexican consular card. Residence status in itself is irrelevant; however, some illegal residents do not have legal identity documents, or have documents that local authorities may not accept. A problem that is known to happen in some counties and states is that local officials opt not to recognize the validity of a foreign-issued document because they are unfamiliar with it or because of other personal reasons.

In most states marriage is a local or county-level matter, which is in some aspects regulated by local county administrative personnel who may have a particular disposition towards acknowledging or rejecting foreign documents. Approaching local authorities may also cause apprehension among persons who are not legal residents, as they can reasonably fear being reported to police or immigration authorities to be jailed and summarily deported.

Some places may also require publication of a notice of intention to marry. This would entail the publication of the name and location of the prospective spouses¾something that can discourage some foreigners who may fear, for example, attracting the attention of zealous enforcement authorities or other persons from their country of origin.

A previous marriage can also complicate a person's intention to marry: In North Carolina, for example, a divorced person must have been divorced for at least one year before being allowed to marry; however, a sworn statement by a divorced prospective spouse, affirming that he or she has been divorced for at least one year, could suffice to meet the requirement. Meanwhile, a state such as Nevada can allow a marriage to follow on the same day a divorce is filed and issued. Still, other states may require legal copies of divorce certificates, and, in the case of foreign divorces, they can require an official translation of a certified copy of the writ of divorce, which may prove impossible to obtain for some foreigners.

However, federal law requires all states to recognize a marriage legally officiated in another state. This is why many persons in the United States look for places with fewer or simpler marriage requirements and marry in a neighbouring state or in places far from their place of habitual residence, such as Las Vegas.

The Pastor, who has officiated the marriages of persons with differing legal residence status in the United States, was not aware of any case where someone who did not have legal residence status in the country had been issued a marriage certificates that was different from those issued to legal residents or citizens of the United States.

The Vital Records office of North Carolina indicates on its information Website that marriage certificates are issued by any local county deeds office (North Carolina 31 Jan. 2003). It also states that copies of the certificates can be obtained from the deeds office of the county where the marriage was performed, or from the state Vital Records central office in the city of Raleigh (ibid.).

The information that follows was provided by an information officer at the Vital Records office of North Carolina during a 10 September 2003 telephone interview:

Persons who marry in North Carolina are issued the same certificate, regardless of their specific residence status or lack thereof. State-wide, there is a standard for the information that a marriage certificate must contain, but there is no standard format, and each county can issue a certificate with their own design, shape and colour. Each state may have its own state-wide standards. A marriage certificate is issued by the registrar of deeds of the county where the marriage takes place; certified copies of marriage certificates can be obtained from the registrar of deeds of the country where the marriage took place, or from the state central Vital Records office in Raleigh. Verification of authenticity of North Carolina marriage certificates can be requested directly from the State Registrar, also in Raleigh.

The following information, provided for comparison and as example of a state's requirements prior to a marriage and thus the issuing of a marriage certificate, was obtained from information published by the State Government of Hawaii:

For any person to lawfully marry in the State of Hawaii, a license for that purpose must be obtained from an authorized agent. Once the license has been issued, there is no waiting period before the marriage can take place.

A marriage license and marriage certificate are different documents. The marriage license permits a marriage to take place. The marriage certificate indicates that a legal marriage has been performed.

The marriage certificate is prepared and filed by your licensed marriage officiant or performer with the Department of Health. A newly married couple receives one (1) certified copy of the marriage certificate at no extra charge, upon payment of the marriage license fee, which will be sent to the couple by mail (60-120 days) after the marriage has been performed. If a marriage certificate is needed sooner than this, you can apply for one or more additional certified copies.

Marriage performers must be duly licensed by and in the State of Hawaii to perform the marriage ceremony. If desired, you may request the marriage performer to present his/her license for your inspection. ...

Who is eligible to apply for a marriage license:

-There are no state residence or U.S. citizenship requirements.

-Blood tests are not required.

-The legal age to marry is 18 years for both males and females.

-Males or females of 16 or 17 years of age who wish to marry require the written consent of both parents, legal guardian, or the family court. The parents or legal guardian do not have to be residents of the state. Consent forms may be obtained from a marriage license agent.

-Males or females of 15 years of age who wish to marry require the written consent of both parents or legal guardian, and the written approval of a judge of the family court. The parents or legal guardian do not have to be residents of the state. Consent forms may be obtained from a marriage license agent.

-Proof of age is required. A certified copy of a birth certificate must be presented for anyone 18 years of age or under. A valid I.D. or driver's license may be presented for anyone 19 years of age or over.

-Cousins may marry. However, the blood relationship between the prospective bride and groom cannot be closer than first cousins.

How to apply for a marriage license:

-The prospective bride and groom must appear together in person before a marriage license agent to apply for a marriage license. Proxies are not allowed.

-The prospective bride and groom should be prepared to provide the necessary proof of age and present any required written consents and approvals. All of the necessary documents should be obtained prior to applying for a marriage license.

-The prospective bride and groom must prepare an official application and file the application in person with the marriage license agent. Applications are provided by the marriage license agent or may be downloaded from this site (see below). The application will not be accepted if sent by either postal mail or e-mail.

-Upon approval, a marriage license is issued at the time the application is made.

-The marriage license costs $50.00 ($60 starting September 1, 2002), payable in cash at the time the application is made.

-The marriage license is good only in, but is valid throughout, the State of Hawaii.

-The marriage license expires 30 days from and including the date of issuance, after which it automatically becomes null and void (Hawaii 2002).

References to the existence of different versions of marriage certificates for citizens, legal residents, or persons who are not legal residents of Hawaii or other states could not be found among the various state and federal information sites and publications consulted.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Iglesia Unida de Cristo/United Church of Christ, Chapel Hill, North Carolina. 3 September 2003. Telephone interview with Pastor.

North Carolina. 10 September 2003. Department of Health and Human Services, Vital Records office, Raleigh. Telephone interview with an information officer.
_____. 31 January 2003. Department of Health and Human Services, Vital Records office, Raleigh. "Frequently Asked Questions about Vital Records." [Accessed 5 Sept. 2003]

Untied State of Hawaii. 2002. Department of Health. "About Marriage Licences." [Accessed 10 Sept. 2003]