You can legally marry in the United States without a birth certificate, without immigration papers, and in a small number of states, without a marriage license at all. Marriage is governed by state law, not federal immigration law, so no state asks you to prove citizenship to say “I do.” What you need to show the clerk depends on which route you take: a standard license requires some form of government-issued ID, several alternative documents work when you lack the usual ones, and common law marriage skips the paperwork entirely in the states that still recognize it. Getting married without papers or a license is possible; which option fits you depends on where you live and what you can produce.
Citizenship and Immigration Status Are Not Required
No state requires proof of citizenship or lawful immigration status to issue a marriage license. A foreign passport or consular identification card satisfies the photo ID requirement in most jurisdictions. The marriage itself is fully legal whether one or both spouses are undocumented, hold a visa, or have no status at all.
One thing marriage does not do is change anyone’s immigration status on its own. Marrying a U.S. citizen makes a foreign spouse an “immediate relative” under immigration law, which opens a path to a family-based green card with no annual visa cap.1U.S. Citizenship and Immigration Services. Green Card for Immediate Relatives of U.S. Citizen The green card still requires a separate petition and, for people who entered without inspection, often a waiver. The wedding is the easy part.
Marrying Without a Driver’s License or Passport
If you don’t have the standard forms of ID, most county clerks will accept a combination of other documents that together prove your identity and age. A photo ID from a foreign government or a school paired with a document showing your birthdate, such as a baptismal certificate or hospital birth record, is a common combination. Birth certificates, adoption papers, and certified school records all come up as supporting documents.
The specific combinations differ by jurisdiction. The clerk’s office is the authority on what it will take, and a phone call ahead saves a trip. Both parties typically need to appear in person to apply.
If you were previously married, you’ll also need a certified divorce decree or death certificate for the former spouse. Both parties must be at least 18 in most states (19 in Nebraska); some states allow 16 or 17 with parental consent, and a few permit it with judicial approval. Neither party can already be married to someone else. Bigamy is a crime in every state.2Justia. Mississippi Code 97-29-13 – Bigamy; Definition; Penalty
Fees vary by county, generally between $10 and $115. Many states impose a waiting period of one to three days between applying for the license and using it. Licenses typically expire within 30 to 60 days, so the ceremony has to happen inside that window.
What If You Don’t Have a Social Security Number
Many state marriage license applications ask for a Social Security number, but a significant number of states do not treat it as an absolute requirement. Some accept an Individual Taxpayer Identification Number (ITIN) in its place. Others accept a written declaration stating that the applicant does not have an SSN. The rules genuinely differ from one jurisdiction to the next, so check with the specific county clerk’s office before your visit.
Confidential Marriage Licenses
A few states offer a confidential marriage license as an alternative to the standard public one. The marriage record is kept out of the public index, and only the married parties can request a certified copy. Confidential licenses also typically waive the witness requirement, so the couple and officiant are the only people who need to be present at the ceremony. Eligibility usually requires both parties to be at least 18 and to affirm that they have been living together. California is the state most associated with this option, though availability and rules vary.
Common Law Marriage: Legally Married Without a License
Common law marriage is the clearest route to a legally recognized marriage without any formal paperwork. There is no license, no ceremony, and no officiant. What you need is to live in one of the states that still allow it.
As of 2026, the states that permit new common law marriages are Colorado, Iowa, Kansas, Montana, New Hampshire (for inheritance purposes only), Oklahoma, Rhode Island, South Carolina, Texas, Utah, and the District of Columbia.3National Conference of State Legislatures. Common Law Marriage by State Several other states, including Alabama, Georgia, Idaho, Ohio, and Pennsylvania, no longer allow new common law marriages but still recognize ones validly established before their cutoff dates.
To establish a common law marriage, you generally need to meet three conditions:
- Both parties agree to be married.
- You live together.
- You hold yourselves out publicly as a married couple.
Evidence that supports the public-presentation requirement includes sharing a last name, filing joint tax returns, listing each other as spouses on insurance or bank accounts, and introducing each other as husband or wife. There is no minimum number of years you have to live together, though a longer history makes the case stronger.
Same Legal Weight, Same Divorce
A common law marriage carries the same legal force as a ceremonial one. The same rights to property, inheritance, and spousal benefits apply. So does the same requirement to end it: you need a formal divorce through the courts. Moving apart or stopping the behavior that established the marriage does not dissolve it.
Moving to a State That Doesn’t Recognize Common Law Marriage
If you establish a valid common law marriage in a state that recognizes it and then move to one that doesn’t, your marriage stays valid. The Full Faith and Credit Clause of the U.S. Constitution generally requires every state to honor marriages lawfully created in other states.4Congress.gov. Modern Doctrine on State Law on Full Faith and Credit Clause A common law marriage from Colorado, for example, must be recognized by California, which does not offer common law marriage of its own.
Marrying Yourselves: Self-Solemnization
Most marriages require an authorized officiant, meaning a judge, justice of the peace, or religious leader, to solemnize the ceremony. A handful of jurisdictions let couples officiate their own wedding through self-solemnization, sometimes called a self-uniting marriage license. Colorado, Pennsylvania, Illinois, and the District of Columbia all allow this, and some require no witnesses either. Wisconsin, California, Kansas, Maine, and Nevada also permit self-solemnization under more specific conditions, such as religious exemptions or a confidential marriage license.
Self-solemnization still involves a marriage license. The couple signs the license themselves instead of having an officiant do it, then files the completed document with the county clerk. It is paperwork-light, not paperwork-free. For couples who want a private ceremony with no third parties, it is the closest you can get to doing it on your own.
What a Marriage Does Not Fix
Marriage by itself is not a shortcut around immigration law. A U.S. citizen spouse files Form I-130 to petition for the foreign spouse, and USCIS reviews the marriage to confirm it is genuine, looking at shared bank accounts, joint leases, health insurance designations, children’s birth certificates, and similar evidence of an intertwined life.5U.S. Citizenship and Immigration Services. Checklist for Petition for Alien Relative (Form I-130) Filed for a Spouse Someone who entered the country without inspection generally cannot adjust status inside the U.S. and may face a three- or ten-year bar on reentry if they leave to apply at a consulate, though a provisional unlawful presence waiver (Form I-601A) can reduce that risk when approved before departure.
Entering a marriage solely to get around immigration law is a federal crime. Under 8 U.S.C. ยง 1325(c), a conviction carries up to five years in prison and a $250,000 fine.6U.S. Department of Justice. Criminal Resource Manual 1948 – Marriage Fraud – 8 USC 1325(c) and 18 USC 1546 A fraud finding ends the green card case, and it can also lead to deportation and a permanent bar on future immigration benefits.
After the Wedding: Filing the License
A ceremony alone does not create a legal record. The signed marriage license has to be returned to the county clerk’s office. The officiant is usually responsible for filing it, and the couple handles that step in a self-solemnized marriage. Deadlines run from a few days to several weeks depending on the jurisdiction. Until the clerk receives and records the license, the marriage is not officially on file, which can create problems when you need to prove you are married for insurance, taxes, or benefits.