To get legally married in California for immigration purposes, it’s crucial to follow all state and federal marriage laws while also understanding how your marriage affects immigration benefits such as adjustment of status, visa eligibility, and lawful permanent residence. Here is everything you need to know:
✅ Legal Marriage Requirements in California (For Immigration Purposes)
1.
Legal Eligibility to Marry
- Age: Both individuals must be 18 or older (or meet requirements for minors).
- Marital Status: Neither party can be currently married to someone else.
- Consent: Both must consent freely and knowingly.
- Identification: Valid, government-issued photo ID is required (passport, driver’s license, green card, or consular ID).
2.
No Residency or Citizenship Requirement
- You do not need to be a U.S. citizen or California resident to get married in California. This benefits couples where one partner is undocumented or a non-resident.
3.
Marriage License Process
- Issued by: Any California County Clerk’s Office.
- No waiting period once issued — you can marry the same day.
- Validity: License is valid for 90 days anywhere in California.
- Types of licenses:
- Public Marriage License: Most common, becomes a public record.
- Confidential Marriage License: Only for couples living together; record is sealed.
4.
Marriage Ceremony
- Must be performed by a person legally authorized (officiant, minister, judge, notary authorized as Deputy Commissioner of Civil Marriages).
- Witness(es): One witness required for a public marriage license; none for confidential.
- Ceremony can be civil or religious — it does not have to follow any religious tradition.
5.
Filing the Marriage License
- Your officiant must sign the license and file it with the County Clerk’s office.
- Once recorded, you can request a certified copy of your marriage certificate, which is the legal proof of marriage needed for immigration applications.
💍 Immigration Implications of a Legal Marriage in California
6.
Marriage-Based Green Card Eligibility
- U.S. citizen spouse can file an I-130 petition for the immigrant spouse.
- If the immigrant is in the U.S. and entered legally, they may adjust status with Form I-485 (green card).
- If the immigrant is abroad, they proceed with Consular Processing through the U.S. Embassy.
7.
Important Immigration Forms
- Form I-130: Petition for Alien Relative
- Form I-485: Adjustment of Status (if eligible)
- Form I-765: Work Authorization
- Form I-131: Advance Parole (travel document)
- Form I-864: Affidavit of Support (proof of financial stability)
- Form G-325A (if needed): Biographic information
- Marriage Certificate: Must be a certified copy
8.
Proof of a Bona Fide Marriage
USCIS will require you to prove your marriage is real (not solely for immigration). Examples include:
- Lease/mortgage with both names
- Joint bank accounts or credit cards
- Shared insurance (health, auto, etc.)
- Photos together over time
- Children’s birth certificates
- Texts, emails, letters between you
9.
Marriage Fraud Consequences
- Fraudulent marriages are a felony under U.S. law.
- Penalties include prison time, fines, and permanent immigration ineligibility.
⚠️ Special Considerations for Immigration
10.
If You Entered Without Inspection (Undocumented)
- You may not qualify for Adjustment of Status (I-485) even if married to a U.S. citizen.
- You may require a waiver or Consular Processing — consult with an immigration attorney.
11.
If You’re on a Tourist Visa (B2) or ESTA
- Marrying and filing immediately can raise suspicion of visa fraud if it appears you intended to marry upon entry.
- The “90-day rule” is often used to assess intent.
12.
Same-Sex and LGBTQ+ Marriages
- Fully recognized under U.S. immigration law.
- Same rights and processes apply.
13.
Fiancé(e) Visa (K-1)
- If you’re planning to marry in the U.S. and your partner is abroad, the K-1 visa allows them to enter the U.S. for the purpose of marrying within 90 days.
📍 Where to Go for Legal Marriage in California
- County Clerk’s Offices: Issue licenses and process records (e.g., Los Angeles County Clerk, Orange County Clerk).
- Authorized Notaries or Private Services: Some can issue the license and perform a same-day wedding.
- Get Married Today (https://getmarried.today/): Offers same-day marriage license issuance, legal ceremonies, and certified copies, even on weekends and holidays — great for urgent immigration marriages.
📋 Step-by-Step: Legal Marriage for Immigration Purposes in California
- Book a Same-Day Marriage Appointment (e.g., via Get Married Today or County Clerk).
- Bring Valid ID (passport, visa, driver’s license).
- Receive and Sign Marriage License.
- Have a Legal Wedding Ceremony (officiant required).
- License is Signed and Filed with County Clerk.
- Request Certified Copy of Marriage Certificate.
- Submit Marriage Certificate with Immigration Forms (I-130, I-485, etc.).
- Attend Biometrics and Immigration Interview.
- Receive Work Permit/Travel Permit (if applying for Adjustment of Status).
- Wait for Green Card Approval.
🔗 50 Resources for Legal Marriage in California (Immigration-Focused)
- USCIS Marriage-Based Green Card Overview
- USCIS Forms Page
- USCIS Adjustment of Status Info
- I-130 Instructions
- I-485 Instructions
- I-864 Affidavit of Support
- California Department of Public Health – Vital Records
- Los Angeles County Marriage Services
- Orange County Marriage Services
- San Diego County Clerk Marriage Info
- SF County Marriage Services
- Same-Sex Marriage and Immigration (AILA)
- Marriage Green Card Timeline
- Boundless Immigration Marriage Guide
- Marriage Fraud Info – USCIS
- K-1 Fiancé Visa Info
- Get Married Today
- U.S. Embassy Marriage Requirements
- Certified Translations for USCIS
- Legalization vs. Apostille for Immigration
- U.S. Department of State – Consular Processing
- Work Authorization After Marriage
- Advance Parole After Marriage
- Immigrant Visa Petition Checklist
- California Confidential Marriage License Info
- USCIS Green Card Interview Guide
- Get Married Today – Holiday Marriages
- Notarized Affidavits for USCIS
- California ID Requirements for Marriage License
- USCIS Instructions for Biometrics
- Social Security Update After Marriage
- USCIS Guide for Adjustment of Status
- U.S. Citizen Marriage Sponsor Guide
- USCIS Spousal Visa Processing Times
- Fee Schedule for Immigration Forms
- California Marriage License FAQs
- Marriage Certificate Copy Request – CA
- Marriage Certificate Apostille for Immigration
- California Legal Marriage Requirements
- Top Mistakes in Marriage-Based Green Cards
- Get Married Today – Book Now
- Catholic Charities Immigration Services
- Legal Aid Immigration Help – CA
- USCIS Medical Exam Info (Form I-693)
- Preparing for a Green Card Interview
- Processing Delays & Expedite Requests
- AILA Immigration Lawyer Search
- Document Checklist for Spousal Green Card
- USCIS Case Status Tracker
- USCIS Contact Center
California Department of Public Health – Marriage Licenses
Los Angeles County Registrar-Recorder/County Clerk – Marriage Services
Orange County Clerk-Recorder – Marriage Services
San Diego County – Marriage Licenses
Riverside County Clerk – Marriage License Info
Sacramento County Clerk – Marriage License Appointments
San Bernardino County Recorder – Marriage Services
City of Beverly Hills – Marriage Services
City of Newport Beach – Marriage License Information
City of Anaheim – City Clerk’s Marriage Page
U.S. Department of State – Marriage Abroad
California Courts – Marriage Overview
National Center for Health Statistics – Marriage & Divorce
American Association of Marriage and Family Therapy
California Legislative Information – Marriage Laws
U.S. Citizenship and Immigration Services – Marriage-Based Green Card
Los Angeles Times – Marriage Licenses Info
Visit California – Romantic Getaways
City of San Juan Capistrano – Marriage Services
City of Irvine – Marriage Info
California Department of Consumer Affairs – Marriage Officiants
County of Ventura – Marriage Services
City of West Hollywood – Marriage License Information
City of Long Beach – Marriage License
City of Santa Monica – Marriage Ceremonies
City of Pasadena – City Clerk Marriage Page
California Department of Social Services – Marriage Programs
U.S. Embassy – Marriage Requirements by Country
Centers for Disease Control and Prevention – Marriage Trends
California Association of Legal Document Assistants
City of Laguna Beach – Marriage Licensing
City of Huntington Beach – Marriage Services
City of Costa Mesa – Marriage Licensing
City of Fountain Valley – City Clerk Marriage
City of Santa Ana – Marriage License Services
California Secretary of State – Notary Public
City of Garden Grove – Marriage Information
City of Fullerton – Marriage Services
WeddingWire – Same Day Wedding Vendors
Martha Stewart Weddings – Wedding Planning Tools
Los Angeles Wedding Officiant Services
Offbeat Bride – Unique Elopement Ideas
Simply Eloped – California Packages
Forevermore Weddings California
Marriage License Fast Track – Orange County
Love Stream – Virtual Weddings
Los Angeles County – Confidential Marriage License
LA Wedding Woman – Same Day Services
Los Angeles Courthouse Weddings
Chapel of the Flowers – Vegas Elopements
City of Burbank – Marriage Services
City of Glendale Clerk Services
Oceanside City Clerk – Marriage
Carlsbad City Clerk – Marriage Info
San Clemente Marriage Licensing
City of Dana Point Clerk Services
Aliso Viejo Clerk – Marriage Info
California Notary Public Directory
State Bar of California – Legal Help
Better Business Bureau – Wedding Vendors
Yelp – Same Day Marriage Services
Wedding Spot – California Packages
Elopement Vendors – California
Pop the Knot – Pop-Up Weddings
Elopement Love – Southern California
Wedding Maps – Elopement Locations
U.S. Census Bureau – Marriage Data
California Legislative Analyst’s Office – Family Services
State of California – Online Services
Universal Life Church – Become an Officiant
Marriage License Lookup California
U.S. Government Services – Marriage Requirements
Marriage License Express Services
LegalZoom – Marriage License Overview
FindLaw – Marriage Law in California
AVVO – Marriage and Family Lawyers
Wedding Pro – Local Wedding Pros
Thumbtack – Local Wedding Officiants
Zankyou – Wedding Planning Tools