Marrying a person from another country can make the paperwork more complicated than marrying a U.S. citizen, especially when documents issued in one country need to be accepted in another. Birth records or divorce judgements may require special certification before they will be accepted in a foreign country. A New York immigration attorney can assist couples in determining what documents they will need and whether or not they will need an apostille or some other form of legalisation.

What is an apostille?

An apostille is a form of certification that verifies the origin of a public document. It attests to the authenticity of the signature or seal on the document. It does not prove that everything stated in the document is true.

Apostilles are used between countries that are parties to the 1961 Hague Apostille Convention. If both the country that issued the document and the country where it will be used participate in the Convention, an apostille can generally replace the older legalization process.

Documents commonly involved in an international marriage can include birth certificates and divorce decrees. A marriage certificate may also need an apostille if the couple later needs to use it in another country.

When is document legalization required instead?

If the destination country doesn’t participate in the Hague Apostille Convention, an apostille generally does not apply. The document may instead need authentication or legalization through additional government offices.

The exact process depends on where the document was issued and where it will be used. A U.S. document intended for a non-Hague country may need authentication by the appropriate state or federal authority. The destination country’s embassy or consulate may then require another step.

Because procedures vary by country, couples should check the requirements of the government that will receive the document before beginning the authentication process.

How do you obtain an apostille for a New York document?

The correct procedure depends on the type of document. The New York Department of State issues apostilles for eligible New York documents but does not apostille federal documents.

Some New York documents require certification before they can be submitted to the Department of State. For example, certain locally issued birth or marriage records must first be certified by the appropriate County Clerk. New York City records can have additional requirements.

Notarized documents generally must have the notary’s signature certified by the County Clerk where the notary is qualified before the document goes to the New York Department of State.

A New York immigration attorney can help identify which steps apply before documents are sent overseas or used as part of a larger immigration process.

Do foreign documents need an apostille for U.S. immigration?

Not necessarily. An apostille and an immigration document requirement are not the same thing.

For example, USCIS may require a foreign marriage certificate to establish a qualifying marital relationship. USCIS generally determines whether a marriage is legally valid under the law of the place where the marriage occurred. A marriage certificate is commonly used as evidence of that marriage.

USCIS does not generally require every foreign civil document to have an apostille simply because it was issued outside the United States. The requirements depend on the immigration benefit being requested and the document involved.

Foreign-language documents submitted to USCIS must generally include a complete English translation. The translator must confirm that the translation is accurate and complete and that they are qualified to translate the language.

What documents might you need before an international marriage?

Requirements depend on where the wedding will take place. A foreign government may ask a U.S. citizen to provide a birth certificate or proof that a prior marriage legally ended. Some countries also require proof that the person is legally free to marry.

The documents may need an apostille or legalization before the foreign authority will accept them. They may also need translation according to that country’s rules.

If the wedding will take place in New York, couples should follow the marriage-license requirements of the local clerk. Having a foreign fiancé or spouse does not by itself mean that every foreign document must receive an apostille.

How can you avoid document problems when marrying a foreign national?

Start by finding out exactly what the authority receiving the document requires. Do not assume that notarization, an apostille or a certified translation can be substituted for another step. Using the wrong process can cause delays or require documents to be prepared again.

Relocate Legal can help couples understand how marriage documents fit into the U.S. immigration process and what supporting records may be required. If you are marrying a foreign national or preparing a marriage-based immigration filing, speak with a New York immigration attorney about the documents you may need. Call Relocate Legal at (212) 332-3212 or reach out online to discuss your situation.