Registration of Matrimony: Marriage Licenses and Certificates

Registration of Matrimony: Marriage Licenses and Certificates

If you have decided to finally tie the knot with your loved one, you must undergo a couple of vital steps in order for the US federal, state, and local government to recognize your matrimony. This generally involves obtaining a marriage license—a document issued by your local government that allows you to marry—and then getting formally declared spouses by an officiant—an authorized individual who can solemnize marriages.

The first step toward getting married is to file an application for a marriage license. In most states, this must generally be filed with the office of the County Clerk, although if you are in Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, or Vermont, this application must be filed with the City Clerk. As you may know, county governments in New England are either non-existent or have very limited powers. In many jurisdiction, this application can be filed online.

State law varies on who is legally permitted to apply for a marriage license. Most states have legal prohibitions on marriage between close relatives, including New Jersey and Rhode Island (which allow sex between close family members). Laws vary considerably regarding the legality of marriage between first cousins, with states such as Alabama, California, Florida, Georgia, and New York allowing such marriage, while states such as Michigan, Pennsylvania, and Texas prohibit such marriages. US States generally do not require you to be a resident of that state to get married there. Also, while most states require both parties to be 18 to get married, some states, such as California, Mississippi, New Mexico, Oklahoma, and Washington, permit child marriages with parental consent and judicial approval.

Once you apply for your license, some states require betrothed lovers to wait for a certain period of time before they can actually receive the license. Many states, such as California, North Carolina, and Ohio, do not have a waiting period, but those that do, such as Florida (for residents only), New York, and Texas, generally have a waiting period of 1-3 days.

The actual marriage ceremony takes place when an individual authorized by the state declares the two individuals seeking matrimony spouses. That person is usually a judge, magistrate, or priest, although in some states, such as California, Colorado, Illinois, Kansas, Maine, Nevada, Pennsylvania, and Wisconsin, the individuals themselves can self-solemnize the marriage. In Florida, Maine, and South Carolina, notaries public can solemnize the marriage. State law also varies on the need for witnesses to be present at the marriage ceremony. For example, California and New York require at least one witness, while Michigan and North Carolina require two. In many states, such as Texas and Florida, witnesses are not required. It is worth noting that the officiant and witnesses must generally complete the marriage license by signing it.

Once the license has been duly completed and signed, and the officiant has solemnized the marriage (or the marriage was self-solemnized by the newlyweds), the license must be filed with the locality where it was issued. The marriage is then recorded with the state, which entails considerable legal and financial repercussions. In “community property” states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin) property and income acquired during marriage is automatically deemed to equally belong to the spouses. Newlyweds can often receive a marriage certificate that confirms their matrimony.

Foreign jurisdictions generally recognize US marriages, although some countries do not recognize same-sex marriages (which have been legal in the United States a federal level since 2015). However, most of the time, in order to be able to use your marriage certificate, it must first be duly legalized by obtaining an apostille (for Apostille Convention countries) or chain legalization (state and federal authentication followed by embassy/consular legalization). Some jurisdictions , such as Westchester County, New York, require the signature of the responsible official on the certificate to be printed within a certain time-frame, so you would need to obtain a certified copy of the marriage certificate if that time period has already expired. In addition, some states require the marriage certificate to contain certain signatures or to be of “long form”.

The map below shows the jurisdiction where marriage records are stored. States in BLUE have marriage records stored at the state and municipal level; States in GREEN have marriage records stored at the state and county level; States in RED have marriage records stored only at the county level. Worth noting is the fact that New York City marriage records can only be obtained from the city. Also, the State of Louisiana stores marriage records only for marriages registered in Orleans parish, so individuals who registered their marriage in a different parish must apply in that respective parish.

A&M Logos International specializes in the retrieval and legalization of marriage certificates, vital records, and other documents. Call us today if you have questions about registering your marriage, if you are marrying abroad and need help gathering all required documents, as well as if you need your US marriage recognized in a foreign country. You can reach us at (212) 233-7061 or by e-mail at info@apostille.us. You may also wish to apply on our website

Determining US tax residency

The United States of America is one of the few countries in the world that treats all of its citizens independent of where they actually live as tax residents. This means that all citizens must report their worldwide income and pay federal income tax on that income even if they have not been to the United States in decades. The rules for determining if a non-citizen individual is a tax resident of the United States are somewhat more complex.

The United States Internal Revenue Service uses 2 main tests to determine if a non-citizen is a tax resident of the United States: the green card test and the substantial presence test.

Under the green card test, an individual is deemed a tax resident of the United States if that individual has a Permanent Resident (“Green”) Card, independent of the number of days that individual spends in the United States. Bear in mind that that the United States Citizenship and Immigration Services can revoke somebody’s green card if they discover that the green card was obtained using fraudulent means (e. g. a fake marriage), the holder commits certain serious crimes, or if the holder “abandons” their permanent residency by showing intent to establish permanent residency outside of the United States (this is often interpreted to mean absences from the United States exceeding 183 days in a row).

The 2nd test used by the IRS to determine US tax residency status is the “substantial presence test”. Under this test, an individual is deemed a US tax resident if they are physically present in the United States for at least 31 days during the current tax year as well as at least 183 days during a 3-year period that includes the current year and the preceding 2 years. In counting those 183 days spent in the United States, one must count all days in the current year, a third of the days in the 1st year before the current year, and a sixth of the days in the 2nd year before the current one.

For example, let’s say a non-citizen of the United States who is also not in possession of a green card visits the United States for the first time in 2020, spending 100 days, then visits the United States again in 2021, spending another 100 days, and then another 100 in 2022. The total number of “weighted days” spent under the substantial presence test would be 151 (100 days in 2022, 34 days in 2021, and 17 days in 2020), which is below the minimum necessary to qualify for US tax residency. On the other hand, if that individual was in the United States for a mere 75 days in 2020, plus 75 days in 2021, but a whopping 150 in 2022, the total number of “weighted days” would be 188, making the individual a tax resident of the United States for the year 2022.

The days spent in the United States are not counted if the individual in question is a tax resident of Canada or Mexico and is commuting to the United States for work, the individual spends less than 24 hours in the United States in transit between 2 locations outside of the country, the individual is a crew member of a foreign vessel, or the individual cannot leave the United States because of a medical condition. Note that individuals with a medical condition must prove so to the IRS by filing Form 8843.

In addition, days spent in the United States as an exempt individual are not counted. Exempt individuals include foreign government-related individuals (employees of international organizations, diplomats, and consular personnel) under an “A” or “G” visa; teachers or trainees under an “F” or “J” visa; students under an “F”, “J”, “M”, or “Q” visa; or a professional athlete competing in a charitable sports event.

Finally, individuals who would normally qualify to be treated as a US tax resident under the substantial presence test can be treated as a non-resident if they can demonstrate “closer connection” to a foreign country. This can be done if the individual was present in the US for less than 183 in a given year, had a closer connection to a foreign country where a tax home was maintained, and did not take steps to apply for US permanent residency.

A&M Logos International can assist individuals, C and S corporations, partnerships, trusts, employee benefit plans, and exempt organizations with obtaining US tax residency certification. If you have questions regarding your US tax residency status and need help applying for tax residency certification (Form 6166), feel free to call us at (212) 233-7061 or e-mail us at info@apostille.us. You may also wish to watch our video on US tax residency certification or apply via our website.

Applying for marriage licenses and certificates-a primer

When a couple decides to get married, there are some legal requirements they must fulfill beforehand. The main legal documents involved in getting married are the marriage license and the marriage certificate. Here is an overview of what these are and how to obtain them:

A marriage license is a legal document that gives a couple permission to marry. This document is issued by a local government authority, usually the county or city clerk’s office. To get a marriage license, both members of the couple need to appear together at the county clerk’s office and provide the following:

  • Photo ID such as a driver’s license or passport
  • Proof of age: In most states, you must be at least 18 years old to get married without parental or court approval (the only exceptions to this rule are Nebraska, where that age in 19, and Mississippi, which has the highest marriage age of 21).
  • Social Security numbers
  • Parental consent if underage (state law varies on the lowest age at which an individual can get married with parental and/or court approval. In some states, such as California, Mississippi, New Mexico, Oklahoma, and Washington, there is no minimum limit; in most other states, this age is set at 16 or 17).
  • Marriage license fee

There is often a waiting period between 1-6 days to get your marriage license after you apply. This gives time for any objections to be filed or for either party to change their mind. Once issued, marriage licenses are valid for a certain time period—commonly 30-90 days—during which the marriage ceremony must take place. Check the expiration date as you’ll need to obtain a new license if yours expires before the wedding date.

Once the marriage ceremony is performed, the person who officiates (such as a judge, magistrate, minister, or other authorized individual) will complete the required section on the marriage license. Note that in Florida, Maine, and South Carolina, notaries public can also officiate marriages. This document serves as official proof that the marriage took place. It contains information such as:

  • Names of the married couple
  • Date and location of the wedding ceremony
  • Name and title of the officiant
  • Witness signatures

The married couple, officiant, and witnesses must generally also sign the marriage license on the wedding day. Afterwards, the officiant files the completed license with the appropriate city, county, or state authority. The authority will then issue a marriage certificate to serve as proof of marriage for the couple. The newlyweds can also obtain certified copies of the marriage certificate if they lose the original copy or needs extra copies.

Getting these important documents in order is part of the process of making your marriage legal and official. With the proper licenses and certificates, you can enjoy the rights and responsibilities of married life. If you need to present your US marriage documents to a foreign authority, additional steps need to be undertaken to make sure that the marriage certificate is duly legalized.

A&M Logos International is here to help you file your marriage paperwork and to legalize it for use abroad. Our Florida notaries can officiate your marriage, and we can then help you apostille or authenticate your marriage certificate if you need to present it in a foreign country. Call us today at (212) 233-7061 or e-mail us at info@apostille.us. You may also wish to apply for certified copies of marriage records at https://apostille.us/Documents/Document_Marriage_Certificate.shtml

Purpose of No Record of Marriage Certificates

A No Record of Marriage certificate is a government document that states that there is no record of a marriage on file for a particular person. It is sometimes referred to as a “Certificate of Non-Impediment” or a “Single Status Report.”

This type of certificate is typically used for immigration purposes, as a way to prove that someone is not currently married. It can also be used for other purposes, such as applying for a passport or a loan.

Here are some of the reasons why you might need a No Record of Marriage certificate:

  • To apply for a visa or immigration status
  • To get married in a foreign country
  • To buy property
  • To open a bank account
  • To obtain a loan
  • To change your name

If you are unsure whether you need a No Record of Marriage certificate, you should consult with local authorities, an immigration attorney, or other legal professional.

Here are some of the benefits of having a No Record of Marriage certificate:

  • It can help you prove that you are not currently married.
  • It can make the immigration process easier.
  • It can give you peace of mind knowing that your marital status is clear.

If you are considering getting a No Record of Marriage certificate, A&M Logos International is here to answer your questions. Note that the exact fee and processing time ultimately depends on your state (and sometimes county) of residence. Call us today at (212) 233-7061 or e-mail us at info@apostille.us. You may also wish to apply on our website at https://apostille.us/Documents/no_record_marriage.shtml.

Featured below is a sample of a No Record of Marriage certificate from the State of Florida.

Remote Online Notarizations in the United States

We frequently assist clients who are abroad and have no access to a US notary public. In order to conduct business in the United States, they often require notarized signatures, whether for a power of attorney, an affidavit, or a business document like a Certificate of Incumbency.

Until recently, individuals in such predicaments had only two options: either getting their signatures notarized with a US consul at the local US embassy or consulate, or notarizing their signatures locally and then obtaining an apostille or authentication certificate from the government authority (often the Ministry of Justice) that governs notaries in their country of origin. Both of these options were time-consuming and overwhelming, as US embassies and consulates often had months-long wait lists for notarial services, while getting apostilles or authentication certificates in a foreign country could be confusing and lengthy due to language barriers and the lack of consistency from foreign bureaucrats.

Fortunately, a third option has emerged over the past few years. Individuals can now get their signatures notarized via a US Remote Online Notary. Remote Online Notaries verify the identity of signing individuals online through video chat, and the video of the verification process is recorded and stored for future reference. Moreover, State-approved Remote Online Notary services verify signers’ identities by requiring them to upload their passport and/or state ID and either answering personal questions (Knowledge-Based Authentication) or undergoing biometric procedures, including taking multiple photos of their face and comparing them with the provided ID.

The Commonwealth of Virginia was the first US State to legalize remote online notarizations in 2011. As in-person notary services became unsafe during the COVID-19 pandemic, legislation to temporarily or permanently legalize remote online notary services was passed in almost all US states. The map below shows the current legal status of remote online notarizations in the United States. States in dark green have fully legalized remote online notary services. Those in light green have temporary provisions to legalize such services (currently only Alabama, Mississippi, and Rhode Island), while those in orange have not legalized remote online notary services for notaries registered in their states but accept documents notarized via a remote online notary from other states (currently Connecticut and Delaware). States in red are the only ones that do not allow remote online notarizations and do not accept any documents notarized remotely from other states (currently only California and Georgia, as well as the District of Columbia).A federal bill—the SECURE Notarization Act—passed the House of Representatives in 2023 and, if approved by the Senate and signed into law by the President, will require all states to accept remote online notarizations. The bill aims to create uniform standards for notaries and remote online notarization service providers across all 50 states.

Legal Status of Remote Online Notarizations.
Dark Green: fully legal
Light Green: temporarily legal
Orange: Not legal but states accept documents electronically notarized in states where such notarizations are legal
Red: not legal and not acceptable from other states

The types of notarial acts that can be administered remotely vary from state to state. Most states allow notaries to acknowledge signatures and administer oaths/jurats. Some states also permit notaries to produce notarized copies of scanned documents, as well as perform other specified acts, such as certifying the contents of a safety deposit box and verifying a Vehicle Identification Number (VIN). States that allow notaries to solemnize marriages—Florida, Maine, Montana, Nevada (if licensed by the county clerk), South Carolina, Tennessee—generally do not allow remote marriage solemnizations. Additionally, state law often prohibits notaries from acknowledging the signatures of or administering oaths to close family members.

A&M Logos International can notarize your document both in person and remotely. As we often need to assist customers located abroad, we offer a wide range of online notary services. Our Florida Remote Online Notary Public frequently produces notarized copies of important employment and education documents for apostilling. We can also acknowledge your signature and administer oaths.

Check out our FAQ about Notaries on our website: https://apostille.us/search/?s=notary&task=search…If you have any questions about the process, please feel free to call us today at (212) 233-7061 or email us at info@apostille.us.

Certified and Notarized Translations

We often get orders for translating important documents from one language to another. This is a vital service that enables a document issued in one country to be used in another. English is the official language in a wide variety of countries, and is found in the Americas (in the United States, Canada, as well as many Caribbean nations, Belize, and Guyana), Europe (in the United Kingdom and Ireland), Africa (in former British colonies such as South Africa, Nigeria, Ghana, and Kenya), Asia (former British colonies such as India and Pakistan, as well as the formerly US-administered Philippines), and Oceania (in Australia, New Zealand, and many Polynesian islands). If you intend to use a US-issued document in a country where English is not the official language, or you have a document originating from such a country, you would need to translate it.

Most government agencies and private entities require the translation to be certified, meaning that the translator would need to certify, under the penalty of perjury that they are fluent in the original and target language and that the translation was performed as accurately as possible and to the best of their ability. Some agencies and companies also require the translator’s signature to be notarized by a notary public. In some cases, if you intend to use the translation abroad, the notarized translation will need to be duly apostilled or legalized at the destination country’s embassy or consulate.

A&M Logos International has access to over a hundred different translators providing translation services to almost any language in the world. We will take care of getting it certified, notarized, or apostilled as necessary, and we work with the embassy or consulate of your destination country if the translation needs to be legalized or confirmed as accurate at the consular level.

Call us today at (212) 233-7061 or e-mail us at info@apostille.us for a free consultation on getting your US or foreign documents translated. You may also wish to place an order on our website.

What is a Power of Attorney

A power of attorney (POA) is a legal document that grants someone else (the “agent” or “attorney-in-fact”) the authority to act on behalf of another person (the “principal”) in making legal, financial, or medical decisions. The principal authorizes the agent to represent them and make decisions according to the specific powers outlined in the document.

Powers of Attorney can be differentiated by scope, purpose, and durability:

  1. General Power of Attorney: This type of POA grants broad powers to the agent, allowing them to manage the principal’s financial and legal affairs. It is often used when the principal needs assistance with various matters, such as financial transactions or legal matters, and is valid until the principal revokes it or becomes incapacitated.
  2. Limited (or Special) Power of Attorney: This type of POA grants the agent specific and limited powers to handle only certain transactions or make decisions within a defined scope. It is often used for a particular purpose, such as selling a property on behalf of the principal. Among limited powers of attorney, one can specify powers of attorney by their purpose. These include Medical Powers of Attorney, which can allow agents to make medical decisions on behalf of the principal if the principal is unable to make them themselves; Financial Powers of Attorney, which can grant the agent the right to manage the principal’s financial affairs, including bank accounts, stocks, and other financial instruments; and Real Estate Powers of Attorney, which can grant the agent the right to manage, rent out, and sometimes sell the principal’s real estate, as well as to make improvements to it. It is worth noting that the exact scope of powers may vary from document to document.
  3. Durable Power of Attorney: A durable power of attorney remains in effect even if the principal becomes incapacitated or unable to make decisions. In some states, such as New York, Pennsylvania, and North Carolina, all powers of attorney are presumed to be durable. In others, such as California, Florida, and Arizona, the durability of powers of attorney is not presumed, and specific language must be included in the document to indicate that the agent would retain their powers upon the incapacity of the principal. It is often used to ensure that someone can continue to manage the principal’s affairs if they become incapacitated due to illness or disability. Some powers of attorney are known as springing powers of attorney, and only come into effect if the principal is incapacitated or another specifically defined event occurs.

Whatever the scope, purpose, or durability of the power of attorney, the laws of most states require the agent to act in the best interests of the principal. If the agent starts to abuse his powers, state law generally prescribes legal remedies to get the power of attorney revoked.

Creating a power of attorney is an important legal decision that should be done with careful consideration. You must be confident that you can trust your agent and that the agent will not try to use the power of attorney to take advantage of you, especially if you become incapacitated or otherwise unable to have direct control over your property.

A&M Logos International has prepared, notarized, legalized, and translated powers of attorney for over 30 years. While this blogpost focuses primarily on US powers of attorney, we can also prepare powers of attorney for almost any country in the world. In such cases, we will also make sure to obtain the correct legalization (apostille or embassy legalization) of the power of attorney and translate it if necessary. Check out informative webpage on powers of attorney and place your order today. You can also call us at (212) 233-7061 or e-mail us at info@apostille.us if you have any questions.

What is Apostille?

An apostille is a special type of authentication or certification that is used to verify the authenticity of public documents in the context of international use. It is an official certificate issued by a designated authority in a country that is party to the Hague Apostille Convention.

The purpose of an apostille is to simplify the process of recognizing public documents when they are used in another country. By affixing an apostille to a document, it becomes legally valid for use in any other country that is also a party to the Hague Apostille Convention, without the need for further legalization or authentication.

Apostilles are typically used for documents such as birth certificates, marriage certificates, educational diplomas, power of attorney, and various legal documents. Each country that is a party to the Hague Apostille Convention designates specific government authorities responsible for issuing apostilles.

It’s important to note that an apostille is not required for documents used within the same country where they were issued or in countries that are not party to the Hague Apostille Convention. In those cases, different processes of authentication may apply.