An affidavit of eligibility to marry for international use is a sworn statement, signed before a notary or U.S. consular officer, declaring that you are legally free to marry so a foreign government will let you wed on its soil. Because the United States has no national marriage registry, foreign civil registrars rely on this document to confirm you are not already married or otherwise barred. The form, the supporting papers, and the authentication steps all depend on the country where the ceremony will take place, so your first move is to contact the marriage registration office in that country before you prepare anything.
Start With the Country Where You Will Marry
Every country sets its own rules. Some accept a specific embassy-issued affidavit, some want a notarized letter on plain paper, and a few demand a government-issued “certificate of no impediment” that the United States does not produce at all. Prepare documents in the wrong format and they will be rejected at the registry window.
The U.S. Department of State recommends contacting the office that issues marriage certificates, or the tourist information bureau, in the country where you plan to marry.1U.S. Department of State. Marriage Ask about the required format, whether the document must be in the local language, how recently it must have been notarized, and what authentication they expect. If you are already overseas, the nearest U.S. embassy or consulate can point you toward the correct process for that country.
Documents to Gather Before You Sign
You need the records that back up your sworn claims. A valid U.S. passport is the standard identification. Some embassy forms also ask for a certified birth certificate.2U.S. Embassy. Affidavit of Eligibility to Marry
If you were married before, you need certified proof the earlier marriage ended: a certified copy of the final divorce decree, an annulment order, or a death certificate for a former spouse. The copies must carry the official seal of the issuing court or vital records office. Uncertified photocopies will not be accepted.
Many embassy forms also ask for the full legal names and birthplaces of your parents, plus the full legal name and nationality of your intended spouse.2U.S. Embassy. Affidavit of Eligibility to Marry Have all of this in hand before you sit down with the form. A blank field or a guessed spelling is the kind of small mistake that causes weeks of delay. Vital records offices can take several weeks to process mail-in requests, so order the certified copies early.
Filling Out the Affidavit
Where you get the form depends on where you are. Inside the United States, check the website of the U.S. embassy or consulate that serves the country where you plan to marry. Many embassies post a downloadable affidavit tailored to that country’s rules. If no pre-printed form exists, you can draft one yourself or have a notary prepare one on plain paper.
The core of the document is a sworn declaration that you are single, divorced, or widowed, that you are of legal age to marry, and that no legal barrier prevents you from entering a new marriage.3U.S. Embassy & Consulates in Japan. Single Affidavit for Marriage It names your intended spouse and identifies the country where the ceremony will take place. Every name must match your passport exactly, letter for letter. A “Catherine” on the affidavit against a “Katherine” on the passport is enough for a foreign registrar to refuse the document.
If you are drafting from scratch, include your full legal name, date and place of birth, passport number, current marital status, the name and nationality of your intended spouse, and the city and country of the planned ceremony. Close with a statement that everything in the document is true, made under penalty of perjury.
Signing It in Front of the Right Official
An affidavit has no legal force until you sign it under oath in front of an authorized official. You cannot sign at home and bring it in later. The official watches you sign, confirms your identity from a government photo ID, and applies a seal.
Notarization Inside the United States
Any state-commissioned notary public can administer the oath and notarize your affidavit. Bring your passport or driver’s license so the notary can verify your identity. After you sign, the notary adds a signature, seal, and commission expiration date. Fees are set by state law and range from a few dollars to around $25 per signature.
One wrinkle matters if you plan to have the document apostilled. The notary must be commissioned in the state where you want the apostille issued. A Virginia notary’s signature has to be apostilled by the Virginia Secretary of State, not Maryland’s.
Notarization at a U.S. Embassy or Consulate Abroad
If you are already overseas, a consular officer at the nearest U.S. embassy or consulate can perform the same function. Federal regulations require consular officers to administer oaths and perform notarial acts for anyone who appears within their consular district.4eCFR. 22 CFR 92.4 – Authority of Notarizing Officers of the Department of State Under Federal Law The fee is $50 per notarial seal.5eCFR. 22 CFR 22.1 – Schedule of Fees for Consular Services Most embassies require an appointment booked through their website, so do not plan to walk in.
A Warning on Remote Online Notarization
Remote online notarization, where you appear before a notary by video call, is legal in most U.S. states. Foreign governments are a different story. As of late 2025, only Florida, Kentucky, Michigan, and Texas allow electronically notarized documents to be apostilled. Every other state’s Secretary of State will reject them for apostille purposes. Even where an apostille is available, the foreign civil registrar can refuse a remotely notarized document. For this purpose, in-person notarization is the safer path.
Making the Document Usable Abroad
A notarized affidavit is valid inside the United States, but a foreign government has no way to verify that the notary’s seal is real. Authentication bridges that gap. The path depends on whether your destination country is party to the 1961 Hague Apostille Convention.
Hague Convention Countries: One Apostille
More than 120 countries participate in the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents.6Hague Conference on Private International Law. Apostille Section If your destination is one of them, you need a single certificate called an apostille.
Because a notary public is commissioned by a state, your affidavit is a state-level document. The apostille comes from the Secretary of State (or equivalent office) in the state where the notary is commissioned, not from the federal government.7Hague Conference on Private International Law. United States of America – Competent Authority Fees and processing times vary by state. Some charge as little as $2, others up to $32. Turnaround runs from a few business days to several weeks, with expedited service available in many states.
If your affidavit was notarized by a consular officer at a U.S. embassy, it is a federal document. In that case, the U.S. Department of State’s Office of Authentications in Washington, D.C. issues the apostille.8U.S. Department of State. Preparing a Document for an Apostille Certificate
Non-Hague Countries: A Chain of Approvals
If the destination country is not part of the Hague Convention, a longer process called legalization replaces the apostille. For a state-notarized affidavit, the chain typically runs:
- The state Secretary of State certifies the notary’s signature and seal.
- The U.S. Department of State’s Office of Authentications in Washington, D.C. verifies the state official’s signature and applies a federal seal. The fee is $20 per document.9U.S. Department of State. Requesting Authentication Services
- The destination country’s embassy or consulate in the United States applies its own stamp or seal. Each embassy sets its own fee and timeline.
The federal step is often the bottleneck. Mail-in requests to the Office of Authentications take about five weeks from the date they arrive in D.C. Walk-in requests are processed in about seven business days.9U.S. Department of State. Requesting Authentication Services Same-day processing is reserved for life-or-death emergencies involving immediate family members abroad. Between state fees, the federal fee, and embassy charges, the full chain can easily exceed $100.
Translation Into the Local Language
Many countries require every document submitted to their civil registry to be in the local language. A translation done by a bilingual friend will almost never be accepted. Most foreign registrars want either a certified translation or a sworn translation, and the distinction matters.
A certified translation is done by a professional translator who attaches a signed statement affirming the translation is accurate. This is the U.S. standard and is accepted by some foreign governments. A sworn translation must be performed by a translator officially authorized by the destination country’s government, usually through a licensing exam. Countries like Brazil, France, and Germany commonly require sworn translations for legal documents, which means hiring a translator based in that country. Costs vary with language and length, but plan for at least $50 to $150 per document.
Timing the Affidavit to Your Wedding Date
There is no universal expiration date. Each destination country sets its own validity window. Some accept an affidavit notarized within the past six months, others require it to be less than three months old, and a few insist on 30 days or less. The clock usually starts from the date of notarization, not the date of apostille or legalization.
Timing therefore matters as much as accuracy. Notarizing too early can cause as much trouble as notarizing too late, once you factor in the weeks needed for authentication. Work backward from your ceremony date: find the country’s validity window, then subtract the time needed for authentication, translation, and shipping. That gives you the ideal window for signing.
If your wedding date shifts, check that your existing affidavit will still be valid on the new date. Starting over is cheaper than discovering at the registrar’s office that the document expired two weeks ago.
What Happens With the Marriage Back Home
There is no federal requirement to register a foreign marriage in the United States, and no national marriage registry exists.1U.S. Department of State. Marriage Whether the marriage is recognized at home depends on state law. The general principle is that a marriage valid where it was performed is valid everywhere, but individual states can have exceptions.
The State Department recommends contacting the Attorney General’s office in your state to find out what documentation you may need to establish the validity of your foreign marriage.1U.S. Department of State. Marriage Keep the foreign marriage certificate in a safe place and consider getting a certified translation if it is in another language. You will need it for changing your name on a passport, updating your tax filing status, adding a spouse to insurance, and any future legal matter where marital status is at issue.