Marriage is a significant legal and social institution, with traditions and regulations that vary across different countries and cultures. When individuals marry abroad, they often wonder if their marriage will be recognized when they return to the United States. Generally, a marriage performed in another country is valid in the U.S., provided it was valid under the laws of the country where it took place. However, numerous nuances and legal considerations are involved in ensuring such recognition.
Legal Recognition of Foreign Marriages
The U.S. generally recognizes marriages performed abroad under the principle of comity, which respects the laws and judicial decisions of another jurisdiction out of mutual convenience. To be valid in the U.S., a marriage performed abroad must meet certain criteria: it must be legal in the country where it was performed, and it must not violate U.S. public policy. For instance, polygamous marriages and marriages between close relatives, which are illegal in the U.S., would not be recognized even if they are legal in the country where they were performed.
Proper documentation is crucial for ensuring that a foreign marriage is recognized in the U.S. This includes obtaining an official, certified copy of your marriage certificate from the country where the marriage took place and, if necessary, a certified translation. In some cases, you may need an apostille or another form of certification from the foreign country’s government.
Registering your foreign marriage with your home state or local government in the U.S. can also be beneficial. Some states may allow or require you to register your foreign marriage with the local county clerk’s office or another government entity. Registering can simplify future legal processes, such as changing your name, filing taxes jointly, or proving marital status for immigration purposes.
For couples where one or both partners are non-U.S. citizens, immigration laws add an extra layer of complexity. If you are a U.S. citizen or permanent resident, you can sponsor your foreign spouse for a visa. The U.S. Citizenship and Immigration Services (USCIS) will require proof of the marriage’s validity. After obtaining a visa, your spouse can apply for a green card (permanent residency), and documentation and proof of a valid marriage are crucial. Marriages of less than two years may lead to conditional residency for the foreign spouse, and after two years, you must jointly file to remove these conditions.
U.S. military personnel often marry abroad. The Department of Defense (DoD) provides guidance for service members marrying in foreign countries. Service members should follow DoD and branch-specific regulations when marrying abroad. Military legal assistance offices can provide advice and help with necessary paperwork.
Since the landmark Supreme Court decision in Obergefell v. Hodges (2015), same-sex marriages are recognized across the U.S. If a same-sex couple marries in a country where such marriages are legal, the marriage will be recognized in the U.S. However, marriages performed in countries that do not recognize same-sex marriages will not be valid in the U.S. Couples may need to marry again in a jurisdiction that allows same-sex marriage.
If a foreign marriage ends in annulment or divorce, the legal process can be complex. U.S. courts generally recognize foreign divorces if they are valid and final according to the laws of the country where the divorce occurred. However, issues can arise if the divorce does not meet U.S. standards for fairness and due process. Determining the appropriate jurisdiction for divorce can be complicated, especially if spouses reside in different countries.
Bigamy (marrying someone while already married) and polygamy (having multiple spouses) are illegal in the U.S. Even if a country allows polygamy, such marriages will not be recognized in the U.S. Individuals in polygamous marriages must choose one spouse to legally recognize. Engaging in bigamy or polygamy can lead to criminal charges, complications in immigration, and invalidation of subsequent marriages.
Conclusion
a marriage performed in another country is generally valid in the U.S. if it meets the legal requirements of the country where it took place and does not violate U.S. public policy. Proper documentation and sometimes additional certifications are necessary to ensure recognition. For couples involving non-U.S. citizens, immigration laws add complexity but provide pathways for spouses to obtain visas and permanent residency. Special considerations apply to military personnel and same-sex couples, and issues of annulment, divorce, bigamy, and polygamy require careful legal navigation. By understanding these factors and following appropriate procedures, couples can ensure their foreign marriage is recognized and respected in the U.S.