The usual document set
| Document | Why | Where apostilled |
|---|---|---|
| Single-status affidavit (affidavit of eligibility to marry, “certificate of no impediment”) | The U.S. does not keep a marriage-eligibility registry, so a sworn statement replaces it | Notarized in a state → that state’s authority. If sworn at a U.S. consulate abroad → U.S. Department of State |
| Birth certificate | Identity and parentage | State of birth |
| Divorce decree (final judgment) | Proof the prior marriage ended | State of the court |
| Death certificate of former spouse | Same | State of death |
| Name-change order | Explains name discrepancies | State of the court |
| Passport copy | Identity | Notarized copy, apostilled by the state of notarization, where the destination accepts it |
Single-status affidavits
Most countries accept a sworn affidavit before a notary stating full name, date and place of birth, address, that the person is unmarried (or divorced/widowed with dates) and legally free to marry. It is a private document, so the notarial certificate must be a jurat (sworn statement), and the apostille is issued by the state where it was notarized. Some countries require the affidavit to be no more than 90 days old; a few (France, for instance) want it sworn at the U.S. embassy in the destination country instead of in the U.S. — in that case the consular notarization is a federal act and goes to the Department of State if an apostille is demanded at all.
Country patterns
- Mexico — apostilled birth certificate and, where required, single-status affidavit and divorce decree, translated by a perito traductor; recent-issue windows and medical certificates are set by the state civil registry. Many resort weddings handle this through a coordinator.
- Italy — the nulla osta for U.S. citizens is sworn before a U.S. consular officer in Italy, then legalized at the Italian prefettura; an apostilled U.S. birth certificate with translation is also typically required by the comune.
- Spain — apostilled birth certificate, sworn single-status declaration, divorce decree if applicable, with traductor jurado translations; the civil registry process can take months.
- France — apostilled birth certificate (usually issued within six months), certificate of custom (certificat de coutume) and celibacy certificate obtained from the U.S. embassy in Paris, sworn translations.
- Dominican Republic — apostilled single-status affidavit and birth certificate; translations by a judicial interpreter; church weddings add baptismal and confirmation records.
- Brazil — apostilled birth certificate and single-status declaration with tradutor juramentado translation, filed at the cartório.
- Greece, Portugal, Germany — apostilled records with certified translations; Germany may require a Ehefähigkeitszeugnis equivalent handled via affidavit.
- Non-Hague destinations (UAE, Egypt, Thailand, Jordan) — the same documents, but authenticated and legalized at the embassy rather than apostilled.
Recency
Civil registries commonly require that certificates be issued within three to six months of the ceremony and the affidavit within 90 days. Order and apostille accordingly.
After the wedding
The foreign marriage certificate will later need the destination country’s apostille to be recognized in the U.S. (for immigration, name changes, Social Security). That is issued by the foreign authority, not a U.S. office.
Florida residents notarizing a single-status affidavit can use a local office such as an apostille and notary office in West Palm Beach or a Broward County apostille office that works by appointment, or file by mail with a Florida apostille and authentication service; the affidavit and the Florida birth certificate are apostilled by the Florida Department of State.
Frequently asked questions
Is there an official U.S. 'certificate of no impediment'?
No. The U.S. has no such registry. A notarized affidavit of single status serves the purpose, sometimes supplemented by a letter from a county clerk stating no marriage record was found.
Can my fiancé(e) abroad get the apostille for me?
Yes — anyone can submit a document to a competent authority. The document must still be notarized by a notary of the apostilling state.
Do I need to apostille my passport?
Rarely for marriage. Where a copy is requested, a notarized copy apostilled by the state of notarization is usually acceptable; some registries only want to see the original passport.
