Here Are Some Requirements Included In The Set State Laws
If you are planning to get married in the US, you need to know about the marriage requirements in the state where you plan to hold the wedding and proper visa for your fiancee before she crosses the borders of the United States. Many people would say that there are fifty various ways to marry in the US because each state have different requirements for marriage. So before you take your fiancee to your country, make sure that you already have planned about the wedding to avoid hassles and delays.
Some federal states would require you together with your fiancee to reside in the particular state where you are going to be married for a particular time. However, some states would require a waiting period to stay in the country. It might sound a bit confusing, but the federal government of each state has their own set of rules.
1. Marriage license that is issued by the county clerk. You may have to pay for this service.
2. Age requirement must be 18 years old or older. However, if you are under 18, you have to have consent from a parent or a judge.
3. Proof of immunity to certain types of diseases – proof of vaccination may vary from one state to another. Some would require blood test exams, test for rubella disease, tuberculosis, and many others. Due to the rise in various diseases, many governments offer couples a series of medical tests. However, tests for HIV and AIDS are not mandatory as premarital requirement.
4. Judgment of dissolution – divorce or annulment – or any proof of termination of prior marriages. In case of spousal death, you need to provide a death certificate copy.
5. Sufficient mental capacity to enter into a contract of married life. If the other party cannot or does not have any clear knowledge of married life due to vices, immaturity, and other factors that affects judgment, the person might be allowed to marry.
6. Both man and woman must not be a relative by birth. However, there are some states that allow first cousins and third cousins to marry.
The waiting period for couples to stay in the state is generally one to five days. Enough time for the couple to think about their decisions if they wish to change their mind. The short time waiting period is usually between the license is issued and on the marriage ceremony.
Here are some lists of states that require couples to wait for a few days:
• ONE DAY – Illinois, New York, South Carolina
• TWO DAYS – Maryland
• THREE DAYS – Alaska, Iowa, Kansas, Louisiana, Maine, Massachusetts, Michigan,
Mississippi, New Jersey, Oregon, Pennsylvania, Washington
• FOUR DAYS – Delaware if both of you are nonresidents
• FIVE DAYS – District of Columbia, Minnesota
• SIX DAYS – Wisconsin
8. Witnesses during the wedding and recognized person by the state to perform the ceremony.
Note that marriages performed in other jurisdiction, such as overseas are usually recognized in the US as long as the ceremony was supported by legal documentation.
Also, you need to make sure that your fiancee holds an appropriate visa. You may visit the Embassy of Thailand in the US for detailed information.
When Both of You are Divorced
The process of marrying a divorced Thai woman is not difficult, but it is not that easy either. If both partners plan to tie the knot in US soil, certain marriage laws must be well thought-out to avoid complications. In this case, foreign laws and specific US state must be should be considered to determine the eligibility of marrying.
State Jurisdiction
We all know that there are different ways to marry in the US. This is because marriage and divorce is reserved to the states of the US. Each state has its own set of rules and regulations and they usually vary from one state to another. For example, one state may require the foreign partner to undergo tests, briefing, and certain documents, while others may not. It depends, in which state, you plan on marrying.
Although there are no existing treaties on the recognition of foreign divorces between the United States and other countries, decrees like divorce in foreign countries is recognized by the federal government on the basis of comity. A divorce that is obtained in other countries receives full faith and credit in all US states provided that both parties receive service of process or adequate notice and at least one of the couple legally reside in the foreign nation during divorce was acquired.
In order to validate foreign divorces in the US must be referred to the office of the Attorney General of the state where you live. In case the Attorney General does not offer or does not provide you with legal aid or support, you can retain the services of your private attorney.
You may need to provide your legal representative with document copies, such as marriage certificates, divorce decrees, foreign laws, death certificate in case of spousal death, and other records required by your state.
Several Marriage Scenarios
US Citizen remarrying a non-US Citizen: The first thing that you should think about is the visa of your fiancee. In this case, there are two major visa concerns that you should look into. First is the Fiancee Visa or K-1 Visa.
It is a non-immigrant visa for people who are engaged to be married in the US. However, you need to make sure that both of you are unmarried, divorced, annulled or had a spousal death. Also, you must have met your partner in person within the last two years before applying. You may also include, on the same petition, your fiancé’s children under the age of 21 to the US.
Lawful permanent resident of the US remarrying a non-US Citizen: After the wedding, you may petition for the immigration of your new wife for a green card. Your wife can live and work permanently in the country. However, you have to have a sufficient income to support your new family at 125 percent or greater. You need to secure an affidavit of support, stating that you accept legal responsibility to financially support the new family member.
Although you can apply a green card for your new wife and enjoy permanent residence in the US, it is still a conditional status. This is because you have to prove that the marriage is not for the purpose of evading immigration laws in the US. However, within 90 days of the second year of receiving the status, you can petition to remove the conditional status. In order to be eligible, both parties must still be married after two years. Also, you can be eligible if you entered into a marriage in good faith or legal termination of previous marriage. For more additional and detailed information, please visit the concerned state government office.
Where to Marry?
You are in a wonderful and caring relationship with your Thai girlfriend at the moment and you are seriously thinking of entering a lifelong commitment with her. You cannot simply marry her right away without fulfilling some requirements mandated by law.
Your situation may also be more complicated because of your different nationalities. You can marry your Thai girlfriend either in Thailand or in the US and these have different sets of requirements. Hence, knowing them beforehand helps in facilitating a smooth and hassle-free process.
Marrying your Thai girlfriend in Thailand
Marrying in Thailand can be a wonderful experience for you and your Thai fiancée. Given their close family ties, most Thais prefer to be married in their native land celebrating such a momentous occasion with their family, friends and loved ones. On the other hand, it could be a new and exciting experience for a foreigner to have a slice of Thai culture, especially if it means pleasing your special someone at the same time.
You must know by now the necessary documents required for you to marry your Thai girlfriend in her native land as mentioned in preceding topics. After securing all these necessary documents, you can now submit them to the Thai Consular for approval of your application for marriage. If it is your first time to get married, you can avoid a long wait by availing of their express service. It will allow you to get an approval within the same day of submission.
Once you get the necessary approval, you can now focus your energy towards the preparation of your wedding celebration.
Legal Wedding and Traditional Wedding
In most cases, foreigners who get married to Thai nationals have two weddings namely the legal wedding and the traditional Buddhist wedding. The former is the one that gives validity and recognition to your marriage by the international community including the USA. The latter is in line with the Thai culture. Alone it cannot result to an internationally recognized marriage. However, it is still considered by many Thais to be spiritually significant.
Marriage Registration
The legal marriage is simply the act of registration of the marriage by both parties in person at the local Thai Civil Registry Office. A marriage could take place simply on the declaration made by both parties as well as publicly giving their consent to taking each other as husband and wife before the registrar which is then recorded. Consent may be given by voluntarily affixing one’s signature in the register at the time of registration or signified by a consent document which is signed by the party concerned or made verbally in front of at least two witnesses.
Remember that you are only allowed to register your marriage after you have been a resident of Thailand for at least three days. This means you should wait until the fourth day of your stay in Thailand before you register your marriage.
Thai Traditional Wedding
You can either have a simple and quiet ceremony or a lavish traditional wedding in Thailand. It is all up to you and the bride. However, if you follow tradition, you should consider the bride’s family, relatives and friend in the planning. This means a small and private wedding may not be for you.
You have to consider a lot of things in the wedding preparation such as your bride’s dress, decorations, guest list, and food among others. You have to set aside an adequate amount to cover all these expenses. The good thing about the Thai traditional wedding is that despite all these expenses, it will still be relatively cheap compared to weddings in the USA.
Requirements for Marrying in Thailand
The following are the set of requirements you must fulfill to have a legal and binding marriage recognized in the Land of Smiles.
1. Legal capacity to marry
a. Both parties must be at least 17 years old.
b. Both must be of sound mental health and neither of them is adjudged incompetent.
c. They must not be related by blood and should not be within the prohibited degrees of relationship. (i.e. ascendant or descendant, brother or sister)
d. They must not have the same adoptive parents.
e. Neither were married at the time of marriage. A marriage can only take place after the expiration of 310 days from the termination of the woman’s marriage except if a child was born during the period, the divorced couple remarried or a medical certificate is shown showing the woman is not pregnant or there is a court order allowing such marriage to take place.
2. Legal documents needed
a. For the Thai fiancée
– Original and a copy of her identification card
– Original and a copy of her house registration certificate
b. For the American
– Affidavit from the US consulate which confirms that you have fulfilled all the eligibility requirements
– Original and a copy of your passport and arrival card
– Original and a copy of your Thai visa
– Proof of your occupation and annual income
c. In case you or your Thai fiancée has been previously married which was terminated due to divorce or death of the former spouse.
– Proof of divorce such as the original and a copy of divorce certificate
– Proof of death of the former spouse such as the original and a copy of his or her death certificate
d. Thai translation of all these documents including the divorce and death certificates showing eligibility for marriage
e. Names and contact details of two persons residing in the same area as the applicant.
Marrying your Thai Girlfriend in the US
Marrying your Thai fiancée in the US is another option open to you. You may be very excited to show your country to your Thai fiancée and start building a life together. The sooner you complete the necessary legal processes and secure the documentary requirements, the sooner you can bring her home to your country. Applying for a K1 fiancee visa is just the first step and you have to wait months before she can actually set foot in the US. This is assuming everything goes smoothly. You just have to fulfill some additional requirements and essential documents before you can take her to the United States. This may take some time, usually several months to process.
One of the most essential documents to secure if you want to marry your Thai girlfriend in the USA is the K1 visa. The purpose of the K1 visa is to allow your foreign fiancée to enter the US for purposes of marriage. It is a short-term single entry visa allowing you fiancée to stay in the country for 90 days and which must be used within 6 months from its date of issuance by the US embassy or consulate. The American guy who wishes to marry his Thai fiancée must petition for the visa with the latter as the beneficiary.
The requirements to be met before a K1 Visa may be issued are the following:
1. Parties must have met at least within the two year period. Homeland Security sometimes makes an exception for those whose culture does not allow the parties to meet prior to the wedding.
2. Both you and your Thai fiancée must be legally eligible for marriage in accordance with US laws.
a. Legal age to marry
b. Unmarried or free to marry ( single, divorced, annulled or widowed)
3. Written plan including the date and location of the wedding provided within the 90-day effectivity period of the visa.
4. The beneficiary must undergo the required medical examination ruling our mental and physical disorders and communicable diseases that may threaten the safety and welfare of others.
5. Police clearance certificate from Thailand and other countries where the beneficiary after the age of 16 may have stayed for more than a year
You can file an alien fiancée petition (Form 129-F) with Homeland Security. Once your petition is approved your Thai fiancée must attend an interview to determine the bona fide intention to marry conducted at the US embassy in Thailand. She must also provide the supporting documents as well as submit to the mandatory medical examination.
Bear in mind that if no marriage takes place within the 90 day period, a US citizen can only apply for a K1 visa once every two years. After the marriage, the beneficiary can still stay in the country subject to the application of an Adjustment of Status, a US marriage visa then a permanent residency or Green Card status.
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