Before you begin your marriage-based green card process, it’s important to understand one simple but crucial fact: the marriage license comes first, and the marriage certificate is the official proof of your marriage.
To establish that your relationship is genuine and entered into in good faith, you must present proper documentation. Always bring your certified marriage certificate and be prepared to provide consistent answers and supporting evidence during your USCIS interview.
Getting married is one of life’s most cherished moments, but with all the excitement of wedding planning, it’s easy to overlook the legal paperwork. Many couples mistakenly skip the step of obtaining a valid marriage license, resulting in a ceremony that isn’t legally recognized.
For immigration purposes, securing a valid marriage certificate is essential. From applying for your marriage license to submitting the certified certificate to USCIS, every step plays a critical role in proving your legal marital status. This guide explains the difference between a marriage license and a marriage certificate and walks you through the process of obtaining both for your green card application.
Difference Between a Marriage License and a Marriage Certificate
Simply put, a marriage license is the authorization to get married, while a marriage certificate is the official record confirming the marriage took place.
To begin, couples must apply for a marriage license—either online or in person. Both individuals typically need to be at least 18 years old (minors may need parental consent depending on the state).
Once the ceremony is complete, the officiant returns the signed marriage license to the Clerk of Circuit Court, where it is officially recorded. After processing, you’ll receive your marriage certificate—an essential document for your marriage-based green card.
✅ Tip: A courthouse wedding is often a straightforward, legally binding option for immigration purposes. The ceremony is civil, non-religious, and held in a courthouse or city hall. Afterward, you’ll receive your certified marriage certificate—recognized by USCIS.
Marriage License Requirements Checklist
Before applying for a marriage license, confirm where your ceremony will take place. Many states require you to apply for a license in the same county where the wedding will occur. Remember, a marriage license issued in one state is not valid in another.
Each state sets its own requirements—such as waiting periods, documentation, and expiration dates. For example, if your county’s marriage license expires after 90 days, schedule your ceremony within that timeframe to avoid refiling.
If your license expires before the ceremony, you must reapply—ideally at least a week before the wedding to account for any waiting period.
Documents You’ll Need for a Marriage License
Bring one of the following forms of valid photo identification:
- Federal or state government ID
- Driver’s license
- Passport
- U.S. Military ID
- State ID card
- Alien registration card
Pro tip: Schedule an appointment with your county clerk’s office to save time.
Make sure your ID lists your correct legal name and date of birth. If you have a Social Security Number, you’ll be asked to provide it. Non-U.S. citizens can use their alien registration number instead.
If you have children born before the marriage, you may need to sign an Affirmation of Common Child(ren). If you were previously married, keep your divorce decree or death certificate ready—these documents are required for immigration purposes.
In some states, witnesses are required during the marriage license process. Always verify with your county clerk’s office beforehand.
What Happens After the Wedding Ceremony
After your ceremony, the officiant will sign and submit your marriage license to the county office. Once recorded, the county issues your official marriage certificate.
⚠️ Warning: Never attempt to use a fake marriage certificate. Submitting fraudulent marriage documentation for immigration is a serious federal crime. Penalties include up to five years in prison and a $250,000 fine. USCIS can easily detect falsified certificates, so only submit authentic, government-issued documents.
Proving a Genuine (Bona Fide) Relationship
When applying for a marriage-based green card, USCIS requires proof that your marriage is genuine. You’ll need to demonstrate cohabitation and provide documentation that shows your shared life together.
If you and your spouse are living apart due to work, education, or other temporary reasons, explain this clearly in a written statement to USCIS. This situation won’t automatically harm your case as long as you can show the separation is temporary and that you maintain a real marital relationship.
Examples of Acceptable Evidence:
- Joint property titles or lease agreements
- Joint tax returns
- Shared health insurance policies
- Utility or phone bills under both names
- Travel itineraries or receipts for trips taken together
- Photos of your wedding and family events
If you have children together, include their birth certificates, adoption records, or school/medical documentation listing both parents. Family photos can also serve as strong evidence of a bona fide marriage.
Additional proof may include:
- Joint bank account statements
- Life insurance policies listing each other as beneficiaries
- Text message or phone records showing consistent communication
- Receipts for gifts exchanged between spouses
Preparing for the Green Card Interview
After your marriage, the foreign-born spouse will attend a USCIS green card interview with their U.S. citizen or permanent resident spouse. This interview verifies the authenticity of your marriage.
Sometimes both spouses are interviewed together; in other cases, officers conduct separate interviews to compare answers.
You must bring your original certified marriage certificate to the interview. Certified copies can be obtained from your state’s vital records office—usually in the same location where your marriage license was issued—and cost approximately $5–$20.
Green card processing times vary based on USCIS workload, application accuracy, and visa availability, so it’s crucial to ensure every document is correct before submission.
Frequently Asked Questions
Below are some of the most frequently asked questions about submitting proof of marriage and establishing a genuine relationship for U.S. immigration purposes.
How does USCIS verify a marriage?
U.S. Citizenship and Immigration Services (USCIS) verifies a marriage by reviewing the documentation you provide—such as your marriage certificate, joint bank accounts, property deeds, insurance policies, and other supporting evidence. Each piece of documentation helps demonstrate that your relationship is authentic and not solely for immigration benefits.
When do I need my official marriage certificate for immigration purposes?
You will need to submit a copy of your official marriage certificate when filing Form I-130 (Petition for Alien Relative). It’s also important to bring an original or certified copy of this certificate to your green card interview to confirm the legal validity of your marriage.
Is there a fee for obtaining a marriage license?
Yes. There is a fee to obtain a marriage license, and the exact cost varies depending on the state or county where the license is issued.
Are blood tests required to obtain a marriage license?
No. Blood tests are no longer required for obtaining a marriage license in the United States.
What if one partner was previously married?
If one partner was previously married, that person must provide the exact date of the divorce and, in most cases, submit divorce decrees or other official documents proving the prior marriage was legally dissolved before entering into the current marriage.
What documents can be used as proof of marriage?
In addition to your marriage license and marriage certificate, you can strengthen your case with joint bank account statements, shared property ownership (titles or deeds), joint lease agreements, shared utility bills, life insurance policies naming your spouse as beneficiary, and joint health or auto insurance policies. The immigration attorneys at Green Card Link can guide you on which documents will best support your specific case.
What if my marriage certificate is not in English?
Any document not written in English must be accompanied by a certified professional translation to ensure it is accepted by USCIS.
How can I get a copy of my marriage certificate from another country?
If you were married abroad, you can locate the issuing authority responsible for marriage records in that country with the help of the U.S. Department of State’s website, which lists document requirements by country.
What should I do if my name has changed?
If your last name changed due to marriage, your marriage certificate will serve as legal proof of the name change. However, if your name changed due to a divorce or court order, you must provide the relevant documentation as evidence.
How do I obtain my marriage certificate?
After your wedding ceremony, the officiant signs the marriage license and submits it to the local Clerk of the Circuit Court or county clerk’s office. Once filed and recorded, the official marriage certificate becomes available for you to request.
How can I get a copy of my marriage certificate?
You can request certified copies of your marriage certificate either by mail or online. Check with the county clerk’s office in the jurisdiction where your marriage was recorded for instructions and applicable fees.
What information should appear on a marriage certificate?
A valid marriage certificate must display the full names of both spouses, the location and date of the marriage, and the signature of the officiant who performed the ceremony.
What if I do not have a marriage certificate because I had a religious or traditional wedding ceremony?
If your wedding was conducted through religious or traditional rites without an official marriage license, it may not be recognized as a legal marriage by USCIS. In such cases, it’s crucial to speak with the immigration attorneys at Green Card Link to determine the best strategy for documenting your relationship and complying with U.S. immigration requirements.
How Green Card Link Can Help
The process of proving a bona fide marriage for immigration purposes can be complex and stressful. At Green Card Link, its immigration attorneys have extensive experience helping couples from diverse backgrounds secure lawful permanent residency through marriage. Whether you’re filing your first petition or addressing a Request for Evidence (RFE), Green Card Link will provide personalized legal guidance every step of the way.
Schedule a consultation today with an immigration attorney at Green Card Link to get expert assistance and start your path toward a successful marriage-based green card application.