Papers For Marriage

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danjaker
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Papers For Marriage

Postby danjaker » Fri Nov 14, 2014 12:12 am

Lets say for example I am getting married to a Peruvian (me American by the way)
What papers and documents do I need from the US to do so, can anyone give me a checklist who has done this recently - Thanks .


ironchefchris
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Re: Papers For Marriage

Postby ironchefchris » Fri Nov 14, 2014 12:43 am

If this is more than just an "example" - Congratulations!

There's a bunch of threads here on the subject and on the homepage under the blue bar near the top of the page there's a section for Marriage under Legal Issues that will tell you what documents you need. Off the top of my head I remember needing my birth certificate (original, not a copy) and a document from your county records office stating you're single. You'll also need your documents apostilled.

http://www.peruthisweek.com/blogs-legal ... lle-103582

Assuming you will be getting married here in Peru, check with the municipality. Often times there is a requirement that the documents need to be from within the last three months to be accepted. Maybe it's three months before the wedding date - can't remember off hand. I'll look in my records to find the name of the official translator I used in San Isidro. They also handled getting the official stamps which saved me a trip from having to go downtown. It was a pretty easy process overall, but pay attention to your dates and how long it takes the respective bureaucracies to fulfill your document requests.
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Re: Papers For Marriage

Postby danjaker » Fri Nov 14, 2014 10:59 am

Got it, thanks -
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Re: Papers For Marriage

Postby argidd » Fri Nov 14, 2014 1:17 pm

ironchefchris wrote:If this is more than just an "example" - Congratulations!

There's a bunch of threads here on the subject and on the homepage under the blue bar near the top of the page there's a section for Marriage under Legal Issues that will tell you what documents you need. Off the top of my head I remember needing my birth certificate (original, not a copy) and a document from your county records office stating you're single. You'll also need your documents apostilled.

http://www.peruthisweek.com/blogs-legal ... lle-103582

Assuming you will be getting married here in Peru, check with the municipality. Often times there is a requirement that the documents need to be from within the last three months to be accepted. Maybe it's three months before the wedding date - can't remember off hand. I'll look in my records to find the name of the official translator I used in San Isidro. They also handled getting the official stamps which saved me a trip from having to go downtown. It was a pretty easy process overall, but pay attention to your dates and how long it takes the respective bureaucracies to fulfill your document requests.


Just to clarify, when documents are brought from abroad, you are normally given 6 months from issuance. 3 months is for Peruvian documents. However, always check first!
Regards,

Argidd
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Re: Papers For Marriage

Postby danjaker » Fri Nov 14, 2014 1:38 pm

This answer may be out there, cant find it at the moment, but does the birth certificate and proof of being single paper have to be stamped in the US ? or can it be here? Thanks
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Re: Papers For Marriage

Postby ironchefchris » Fri Nov 14, 2014 3:15 pm

This is the who I used for the official translations. They also took care of the official stamps. Think it took two or three days after I dropped off the papers. They're in San Isidro, less than a five minute walk from the Metropolitano stop. Not 100% as I had someone in the states handle getting my documents for me while I was in Peru, but I believe the apostille process was done in the states.

http://www.lexitrans.net/
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Re: Papers For Marriage

Postby street legal » Fri Nov 14, 2014 10:48 pm

[quote="danjaker"]This answer may be out there, cant find it at the moment, but does the birth certificate and proof of being single paper have to be stamped in the US ? or can it be here? Thanks[/quote
All foreign countries require a couple applying for a marriage licence or for permission to marry to produce a certificate stating that they are free to marry. This may be called called a "Certificate of No Impediment", a "Certificate of Freedom to Marry", a "Certificate de Coutume" or a "Certificate of Nulla Osta" or some other such name. The USA has no procedure for officially issuing such a certificate. All other countries are aware of this and will instead accept a sworn affidavit testifying to your freedom to marry. You can acquire this affidavit in three ways: 1. A sworn statement can be made before a consular official at the embassy or consular office (in the United States) of the country where you will marry 2. A sworn statement can be made at the American embassy or consulate in the country in which the marriage will occur. 3. An affidavit prepared by a lawyer licensed in the USA and/or in the country where you will marry verifying that all documents related to your marital status have been examined and that you are free to marry.]
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Re: Papers For Marriage

Postby danjaker » Sat Nov 15, 2014 12:31 am

Thank you for your time answering that for me, yes would be here as none of us have any plans to go to the US at all now nor in the future.
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Re: Papers For Marriage

Postby ironchefchris » Sat Nov 15, 2014 12:39 am

For my Certificado de soltería which stated that I was single I just had someone go to the county clerk's office in the county of my US residence as it seemed easier than making an appointment and a trip to the embassy. They look up in their records and if there's no record of your being married they issue a simple document stating your unmarried status. Nothing Federal or even State level. If you're not in the states you can have someone else go to your County clerk if it's not convenient to go to the embassy or you don't want to bother with an attorney.
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Re: Papers For Marriage

Postby street legal » Sat Nov 15, 2014 1:20 pm

Hypothetical situation.
What if a US citizen married a spouse in a foreign country then they split up and never got a divorce then the US citizen remarried another person in Peru.
The US citizen could have gotten a bogus certificate of solteria from his county of residence.
The county authorities would have been unaware of the previous marriage if it occurred in another country and the Peruvian authorities would never have been aware that the spouse was still legally married to someone else.
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Re: Papers For Marriage

Postby ironchefchris » Sat Nov 15, 2014 2:01 pm

That hypothetical situation sounds like a loophole for wannabe bigamists. You're right, they'd receive a bogus certificate of solteria. Bureaucracy isn't always the most efficient at catching these things. All I know is I received a (genuine) certificate of solteria from my county clerk which was accepted without question by the Peruvian authorities, but I agree that if a potential bigamist wanted to put one over on the Peruvian authorities and their future spouse they could do so.

If the county authorities would be unaware of a previous marriage I would think that a lawyer and embassy/consulate officials would also be unaware. Since it's only a sworn statement, there's no guarantee a lawyer or the embassy/consulate would be aware of any previous marriages conducted in a third country. Who knows if a lawyer or the embassy/consulate would actually investigate the statement sworn to? It's a lot of work investigating the marriage records for all of the nearly 200 countries in the world and their countless municipalities to confirm someone's marital status, so they probably just take their word for it, issue the certificate and collect a fee. If someone is willing to lie to their future spouse about not currently being married they probably wouldn't have a problem lying to the embassy or a lawyer.
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Re: Papers For Marriage

Postby street legal » Sat Nov 15, 2014 2:35 pm

Who says the future (2nd) spouse is being lied to?
Maybe she's aware of the situation and that makes her an accessory to bigamy?
Maybe the estranged spouse is unable to be located in order to file a divorce?
Is there such a thing as divorce in absentia?
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Re: Papers For Marriage

Postby ironchefchris » Sat Nov 15, 2014 2:40 pm

As you said, it's a hypothetical situation so nobody's saying anybody's actually being lied to, but I doubt this applies to the OP or his questions so someone else who's willing to answer hypotheticals will have to answer.
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Re: Papers For Marriage

Postby danjaker » Sat Nov 15, 2014 3:01 pm

No, this does not apply to me, jaja
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Re: Papers For Marriage

Postby ironchefchris » Sun Nov 16, 2014 10:15 am

Perhaps. I haven't used Lexitrans since April, 2013, so their status as an official translator may have changed. I don't remember exactly how I came across their information. Most likely a reference here or by pm through someone I know from here. You can check with Lexitrans and enquire or I'm sure there's any number of official translators on the list who'd do a good job. I was just relating my personal experience.

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