Notarising Marriage Documents for Use in the USA

Q: Do I need notarised documents to get married in the USA as an Irish citizen?

It depends on the state where you plan to marry. Marriage requirements in the USA vary by state. Some states require minimal documentation beyond valid photo ID, while others may require a birth certificate, proof of divorce (if applicable), or other documents. If Irish documents are required, they may need to be notarised and apostilled for acceptance by US authorities. Always check with the county clerk's office in your specific wedding location.

Q: Do I need a K-1 fiancé visa to get married in the USA?

If you are an Irish citizen travelling to the USA specifically to get married and intend to stay, you may need a K-1 fiancé visa. The K-1 visa requires extensive documentation, some of which must be notarised. However, if you are visiting the USA on an ESTA or tourist visa and do not intend to remain, you may legally marry in some circumstances — but you should seek immigration advice as the rules are complex. This guide focuses on the document notarisation aspect rather than immigration law.

Whether you are marrying an American citizen, planning a destination wedding in the USA, or need to present Irish marriage-related documents to US authorities, understanding the notarisation requirements is essential. The United States is a member of the Hague Apostille Convention, which simplifies document authentication between Ireland and the USA. However, because marriage law in the US is governed at the state level, requirements vary significantly from one state to another.

How US Marriage Requirements Differ from Europe

Unlike many European countries, the USA does not have a standardised national marriage registration system. Marriage is regulated at the state and county level. This means the documentation required for a marriage licence can vary dramatically. Some states (such as Nevada) have very straightforward requirements — essentially valid photo ID and a small fee. Others (such as New York or California) may require additional documentation, particularly for foreign nationals.

In general, Irish citizens should expect to present the following at the county clerk's office when applying for a marriage licence:

Valid passport (as photo ID)
Birth certificate (some states)
Proof of divorce or death of former spouse (if applicable)
Social Security Number (US residents only — foreign nationals are typically exempt)

State-by-State Considerations

Because requirements vary, the most important step is to contact the county clerk's office in the specific county where you plan to marry. Here are examples of how requirements differ:

New York

New York requires valid photo ID, proof of age, and if previously married, proof that the prior marriage ended (divorce decree or death certificate). Foreign documents should be notarised and apostilled. There is a 24-hour waiting period after the licence is issued.

California

California requires a valid passport and may require a certified birth certificate for foreign nationals. If previously married, a divorce decree is required. There is no waiting period for the ceremony after the licence is issued.

Florida

Florida has relatively straightforward requirements for foreign nationals — a valid passport is the primary requirement. If previously married, proof of termination of the prior marriage is needed. There is a 3-day waiting period for Florida residents, but this is waived for non-residents.

Nevada (Las Vegas)

Nevada is the simplest state for marriage. You need a valid passport and a small licence fee. No birth certificate, blood test, or waiting period is required. However, if your marriage will need to be recognised in Ireland or elsewhere, having your supporting documents properly notarised is still advisable.

Documents That May Need Notarisation

Depending on the state and your circumstances, the following Irish documents may need notarisation:

Birth certificate: A full birth certificate from the General Register Office, notarised and apostilled for US acceptance.
Divorce decree: If you have been previously divorced in Ireland, the decree absolute should be notarised and apostilled. US authorities need to verify that the prior marriage was legally dissolved.
Death certificate of former spouse: If you are widowed, the death certificate should be notarised and apostilled.
Affidavit of single status: Some states or the K-1 visa process require a sworn affidavit confirming you are free to marry. This is sworn before the Notary Public.
Name change documents: If your name has changed (e.g., through a previous marriage or deed poll), evidence of the name change should be notarised.

Apostille for the USA

The United States joined the Hague Apostille Convention in 1981. An apostille issued by the Irish Department of Foreign Affairs is recognised throughout all 50 states. The process is the same as for any other Hague country:

Have your document notarised by a Notary Public in Cork.
Submit the notarised document to the Department of Foreign Affairs in Dublin for apostille.
Present the apostilled document to the US authority.

In-person apostille service is available same-day at Iveagh House, St. Stephen's Green, Dublin. Postal applications take 5–10 working days.

K-1 Fiancé Visa Considerations

If you are an Irish citizen marrying a US citizen and plan to live in the United States, you will likely need a K-1 fiancé visa. The K-1 visa application process requires extensive documentation, including:

A notarised and apostilled birth certificate
Police clearance certificates (notarised)
Evidence of previous marriages being terminated (notarised divorce decrees or death certificates)
Affidavit of support from the US citizen petitioner
Medical examination results

The K-1 visa process is managed through the US Embassy in Dublin and USCIS (US Citizenship and Immigration Services). It is a complex process that typically takes 6–12 months. A Notary Public can help with the notarisation of Irish documents required for the application, but you should seek specialist immigration advice for the overall process.

Recognising a US Marriage in Ireland

If you marry in the USA, your marriage will generally be recognised in Ireland provided it was performed in accordance with the law of the state where it took place. You do not need to re-register the marriage in Ireland, but you may wish to obtain an apostilled copy of your US marriage certificate for use in Ireland.

Frequently Asked Questions

Do I need notarised documents to get married in the USA as an Irish citizen?

It depends on the state. Some states require minimal documentation beyond valid photo ID, while others may require a birth certificate, proof of divorce, or other documents. If Irish documents are required, they may need to be notarised and apostilled. Always check with the county clerk's office in your specific wedding location.

Does the USA accept Irish apostilles?

Yes. The United States is a member of the Hague Apostille Convention. An apostille issued by the Irish Department of Foreign Affairs on a notarised document is recognised throughout the United States.

Do I need a K-1 fiancé visa to get married in the USA?

If you are travelling to the USA to marry and intend to stay, you may need a K-1 fiancé visa, which requires extensive documentation, some of which must be notarised. If visiting on an ESTA and not intending to remain, the rules are different — seek immigration advice as this is a complex area.

Need Documents Notarised for the USA?

Contact Hugh Phelan's office today. Call 021-489-7134 or email info@phelansolicitors.com. We're located at East Douglas Street, Douglas, Co. Cork, and regularly handle documents for use in the United States.