The Overseas Aisle
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How to Get Married in the US as a Foreigner

Updated October 28, 2026 · 7 min read · by The Overseas Aisle

Yes, non-US citizens can get married in the United States. Clerks in the counties we checked say citizenship and residency are not required, but you do have to follow the issuing state’s process: apply together, show acceptable ID, and wait out any waiting period. The marriage license is a separate matter from immigration status, which this post only points you toward.

General information, not legal advice. Confirm license rules with the county clerk, and immigration questions with an immigration attorney.

Do you need to be a citizen or resident to marry in the US?

No clerk we checked requires it. Hawaii’s Department of Health says there are no state residence or US citizenship requirements. The St. Johns County Clerk in Florida says there is no citizenship or residency requirement, and that a license can be obtained and the ceremony performed in any Florida county. Kaufman County, Texas says you do not need to be a Texas resident or citizen. Whatcom County, Washington says you do not have to live in the state or county.

These are four examples, not all fifty states. The structure is common enough that it is a safe starting assumption, but verify it for your county. For the full mechanics (who applies, waiting periods, validity windows), see marriage license requirements when you live overseas.

Is the license valid anywhere in the US?

No, and the details differ by state. A license is issued by a county or city clerk under state law and generally works only in the state that issued it. Some are narrower, some broader:

  • Cook County, Illinois says a license issued there must be used for a ceremony in Cook County.
  • Washington’s Whatcom County says a license from any Washington county works statewide, but not in another state or country.
  • Florida’s St. Johns County says a Florida license can only be used within Florida.
  • The New York State Department of Health says a New York license may be used within New York State only.

Pick the place where you will hold the ceremony first, then work out the license.

Which ID can a foreign national use?

A passport is accepted in many places, but the lists differ, so look at your clerk’s exact wording.

ClerkWhat the page says about ID
NYCA current passport from any country is accepted
Miami-Dade, FLOne original, valid ID; a passport is on the list
San Francisco, CAUnexpired government photo ID, including a passport
Fremont County, COA current, unexpired passport is an approved primary ID; consular cards and Social Security cards are not accepted
Cook County, ILOne qualifying ID from a short list (state driver’s license, state ID, US passport, US Armed Forces ID), or two documents from an alternate list that includes a foreign passport, a certified birth certificate, a resident alien card and a consulate ID card

Checked against the linked clerk pages on 2026-10-28; these change, so confirm before you book anything. The Cook County row is the one that surprises people. If one of you holds only a foreign passport, you may need a second document from the alternate list, and foreign birth certificates need English translations that Cook says must be notarized. Ask the clerk which pairing they prefer before you travel.

Do you need a Social Security number?

Not necessarily, but each clerk handles it differently.

  • Miami-Dade: US citizens must provide an SSN. Non-citizens without one can give an alien registration number, a US driver’s license or ID number, or a passport number.
  • Whatcom County, WA: the form asks for your SSN or a signed statement that you do not have one, and the county says this will not prevent you from getting the license.
  • Fremont County, CO: the last four digits of the SSN are required, and a party without an SSN completes a No SSN Affidavit, which can be signed in advance and notarized or signed at the office.
  • New York: the state guide says no SSN is required to marry, though NYC’s application does ask for the number and its page does not say whether it is mandatory.

If you have never held an SSN, ask the clerk what substitute they accept and whether the affidavit needs a notary. Doing that by email before you fly is far easier than sorting it out at the counter.

What if either of you has been married before?

You will usually be asked when the earlier marriage ended, and sometimes for proof.

  • Cook County asks for the date any prior marriage or civil union ended, and requires a certified copy of the decree if the divorce was finalized within the last six months.
  • San Francisco wants the exact end date, and a certified copy of the divorce, annulment, termination or death record if it ended less than 90 days before your appointment. It says foreign-language records must be translated into English by a court-certified or ATA-certified translator and presented with the translation.
  • Kaufman County, Texas requires a decree waiving the 30-day wait if your divorce was finalized within the last 30 days.

The rule that applies to you depends on your clerk, but one habit carries across: if a decree is not in English, start the certified translation early. It is the one task that cannot be done in a hotel room the day before your appointment.

Do you both have to be there?

In most of the counties we checked, yes. Hawaii allows you to start online but requires both of you in person before an agent, and does not allow proxies. NYC allows a virtual appointment. Whatcom County, Washington has a remote route using notarized signatures by mail. Check whether the option you want exists before you build the trip around it.

A proxy at home cannot stand in for you: New York says a representative cannot apply for you, even with a power of attorney. See managing a US wedding proxy from overseas for what a helper can do instead.

How old do you need to be?

Most couples planning from overseas are well past this, but the age rules matter at the margins and vary. Hawaii asks anyone 18 or under to present a certified birth certificate, minors need parental or guardian consent, and San Francisco requires written parental consent and written permission from a juvenile court judge for under-18 applicants. If either of you is near that line, ask the clerk first.

Where does immigration come in?

Marrying in the US and getting immigration status are different processes, and the clerk’s office handles only the first. This section is a pointer, not guidance on your case.

  • If your partner lives abroad and will keep living abroad: the State Department’s Foreign Affairs Manual says a fiancé(e) of a US citizen may be issued a B-2 visitor visa if the officer is satisfied the applicant intends to return to a residence abroad soon after the marriage. It lists planning the wedding among the purposes that can fit a B-2.
  • If your partner plans to move to the US: the manual describes a different route for that, the K-1 fiancé(e) visa, for an applicant “proceeding to the United States to marry a U.S. citizen petitioner within 90 days of admission.” For a fiancé(e) of a nonimmigrant, it says a B-2 visa is not appropriate if the fiancé(e) intends to remain permanently, even if they would later file for adjustment of status. Which of these applies to your partner is exactly the kind of thing an attorney should answer.
  • After a K-1 admission: USCIS says the couple must marry within 90 days, and that the green card is then applied for through adjustment of status (Form I-485). USCIS also says that someone admitted on a K-1 who does not marry the petitioner generally cannot apply for a green card through another category.

That is the extent of what we have verified. What visa fits your situation, whether a visa-waiver entry changes any of this, and what to do after the wedding are questions for an immigration attorney.

Will your marriage be recognized where you live?

That depends on the country where you live, not on the US clerk. The State Department’s marriage page makes the general point that a marriage is valid in the country where it took place if it followed local law, while other countries decide for themselves whether to recognize it. Ask the civil registry or consulate in your country of residence what they need to record a US marriage: for example, whether they want a certified copy of the certificate, a translation, or an apostille. We have not verified what any specific country requires.

What should you do next?

Choose the ceremony county, read its clerk page end to end, then email the clerk with your passport type, whether either of you has an SSN, and whether either of you has been married before. Ask for the accepted ID list, waiting period and validity window in writing. For the vendor and timeline side, how to plan a US wedding from overseas covers the order of operations.

Quick answers

Can a non-US citizen get married in the United States?
Yes. County clerks in Hawaii, Florida, Texas and Washington state on their own pages that citizenship or residency is not required to get a license. You still follow that state's process and bring acceptable ID.
Can I use a foreign passport as my only ID for a marriage license?
Often yes. NYC, Miami-Dade, San Francisco and Fremont County, Colorado all list a passport as acceptable ID. Cook County, Illinois lists a foreign passport only among its alternate documents, where you need two, so check with your clerk.
Do I need a Social Security number to get a marriage license?
It depends on the clerk. Miami-Dade accepts a passport number if a non-citizen has no SSN, Whatcom County, Washington lets you sign a statement that you have none, and Fremont County, Colorado uses a no-SSN affidavit. Confirm with your clerk.
Does getting married in the US give my spouse immigration status?
A county clerk issues the license and does not decide immigration status. USCIS describes the green card as a separate application filed after the marriage, so talk to an immigration attorney before assuming anything.

Sources

General information, not legal, immigration or financial advice. Rules, prices and policies change; confirm anything that affects you with the relevant authority or vendor.

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