What the affidavit says
Civil registries typically want:
- Full legal name, date and place of birth, nationality, passport number.
- Current address and, sometimes, occupation and parents’ names.
- A sworn statement that the affiant is single, divorced (with date and court) or widowed (with date), has never been married or is not currently married, and is legally free to marry.
- Intended spouse’s name and the place of the intended marriage, where the destination requires it.
Some countries publish a template (Mexican civil registries, the Dominican Republic’s Junta Central Electoral, several Italian comuni). Use the template when one exists.
Jurat, not acknowledgment
Because the affidavit is a sworn statement, the notarial certificate should be a jurat (“sworn to (or affirmed) and subscribed before me on ___”). Many registries refuse affidavits with an acknowledgment. The notary must be commissioned in the state that will apostille it; the notarial certificate must be complete (notarization guide).
Consular alternative
Some countries — France, Italy for the nulla osta, Japan — expect the affidavit to be sworn before a U.S. consular officer in the destination country. A consular notarization is a federal act; if the local authority then asks for an apostille, it would come from the U.S. Department of State, but in most cases the consular seal is accepted directly.
County clerk “no record” letters
A few destinations ask for a certificate from the county clerk stating that no marriage record exists. Clerks issue these in some states; the letter is apostilled as a public record by the state. It is a supplement to, not a substitute for, the affidavit.
Recency and translation
Most registries require the affidavit to be sworn within 90 days to 6 months of the wedding. Apostille immediately after notarization and translate afterward with a sworn translator in the destination country.
Common reasons for rejection
- Signed before meeting the notary
- Acknowledgment used instead of a jurat
- Notary of a different state than the apostilling office
- Affidavit older than the registry's window
- Missing passport number or parents' names required by the template
Frequently asked questions
Is there an official U.S. certificate of no impediment?
No. The notarized affidavit, sometimes with a county clerk’s no-record letter, is the accepted substitute.
Can I sign it abroad?
Through a remote online notary commissioned in a U.S. state (Florida, Texas, Virginia and others), yes, if the destination accepts electronically notarized documents. Otherwise sign at a U.S. embassy or consulate.
Does it need a witness?
Only if the destination’s template requires witnesses. The notary’s jurat is what makes it a public document.
