Marriage is state law, immigration is federal
This split governs everything. The licence, waiting period, validity and who may officiate are set by each state: some issue a licence the same day, others impose a waiting period; some require a witness, others do not; some let a friend become an officiant for a day. Check the rules of the specific state, not "the United States".
The immigration consequences, by contrast, are entirely federal and identical nationwide.
No certificate of no impediment
The United States does not issue one. For a marriage abroad, US embassies can usually witness an affidavit of eligibility to marry sworn by the person themselves — a document of quite different legal nature, which some foreign authorities accept and others refuse outright. Confirm with the local registrar before setting a date; this is where couples lose months.
Two routes, chosen before you travel
| K-1 fiancé(e) visa | The foreign partner enters to marry, and the marriage must take place within 90 days of arrival. Adjustment of status follows, with a further wait and further fees. Suits couples who want to marry in the United States. |
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| CR-1 / IR-1 spouse visa | The couple marries abroad first, then petitions. Longer before arrival, but the spouse usually enters with authorisation to work — which the K-1 route does not give immediately. |
Switching route later generally means starting over. Decide together, in light of where you want to live and how soon the foreign spouse needs to work.
The affidavit of support
Both routes require the sponsor to sign an affidavit of support, demonstrating income above a threshold set against household size. It is a legally enforceable contract: the sponsor is liable to reimburse certain public benefits the immigrant receives, and the obligation survives divorce. A joint sponsor is permitted where the income falls short.
The chain, and the order that governs it
Wherever you marry, the sequence is the same. What changes is the content of each step.
| 1. The capacity document | Issued by your country: certificate of no impediment, of marital capacity, of capacity to marry, depending on the name. Ask for it before the ceremony — it is the critical path. |
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| 2. Notice or banns | A public posting for a period set by your own law. |
| 3. The interview | Common where one spouse is foreign. An ordinary formality, not an accusation: it goes well where the couple exists. |
| 4. The ceremony | Before the local civil authority. That alone has legal effect. |
| 5. Legalisation | Of the local certificate, by consular legalisation or apostille depending on the applicable conventions, then translation. |
| 6. Registration at home | Transcription, registration, insertion: the name varies, the function is the same. |
| 7. The spouse visa | A separate application, which assumes step 6 is done. The delays add up. |
A customary or religious ceremony does not replace civil marriage
It can gather three hundred people and bind two families: without a civil certificate there is nothing to have recognised at home, and no spouse visa. Do both, in whichever order you like — but do both.