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Q: Canadian citizens marrying in the U.S. ( Answered 5 out of 5 stars,   3 Comments )
Question  
Subject: Canadian citizens marrying in the U.S.
Category: Relationships and Society > Law
Asked by: katya0133-ga
List Price: $4.50
Posted: 11 Jul 2005 15:51 PDT
Expires: 10 Aug 2005 15:51 PDT
Question ID: 542354
The situation: Two Canadian citizens, both students in the U.S., want
to get married here instead of in Canada. Is this possible? How would
one go about getting permission? Are all legal U.S. marriages
recognized in Canada, or are there any restrictions?

(Normally, I'm a fairly good Googler myself, but all I can find is
info on gay marriages in Canada and marriages between a U.S. and a
Canadian citizen, neither of which applies.)
Answer  
Subject: Re: Canadian citizens marrying in the U.S.
Answered By: hummer-ga on 12 Jul 2005 10:10 PDT
Rated:5 out of 5 stars
 
Hi katya0133,

Obtaining a legal marriage license is always determined by where the
marriage takes place. An original marriage certificate, issued by the
U.S. Office of the County Clerk, is recognized internationally as a
legally binding document. Members of the Hague Convention (Canada and
the U.S. are two) have agreed to recognize each others public
documents when attached to an "apostille".  You don't need
"permission" from Canada, if your marriage certificate is legal in the
States, it will be legal in Canada. Chances are you wouldn't need an
Apostille for Canada either (although it wouldn't hurt to have one),
perhaps you could call your local municipal office in Canada and ask.

What is an "Apostille" or "Authentication?"
    * Since October 15, 1981, the United States has been part of the
1961 Hague Convention abolishing the Requirement of Legalization for
Foreign Public Documents. The Convention provides for the simplified
certification of public (including notarized) documents to be used in
countries that have joined the convention (see list of countries
http://www.state.gov/m/a/auth/c1267.htm) . Under the Hague Convention,
signatory countries have agreed to recognize public documents issued
by other signatory countries if those public documents are
authenticated by the attachment of an internationally recognized form
of authentication known as an "apostille." The apostille ensures that
public documents issued in one signatory country will be recognized as
valid in another signatory country.
    * When a document is to be used in a foreign country, it may be
necessary to authenticate the notarization or certification. Foreign
countries often require documents to be authenticated before the
documents will be accepted in the foreign jurisdiction. An
"authentication" certifies the signature and the position of the
official who has executed, issued or certified a copy of a document.
    * The sole function of the apostille is to certify the
authenticity of the signature on the document; the capacity in which
the person signing the document acted; and the identity of any stamp
or seal affixed to the document.
    * An apostille issued by the New York State Secretary of State is
a one page document embossed with the Great Seal of the State of New
York. The apostille includes the facsimile signature of the individual
issuing the certificate.
http://www.dos.state.ny.us/corp/msrfaq.html

What is an Apostille?
http://www.cadocs.com/apost/description.htm

The Knot
http://www.theknot.com/ch_article.html?Object=AI980914211954&keywordID=156&keywordType=2&parentID=527/

Information about Marriage and Marriage Licenses
http://www.kamya.com/misc/license.html

I hope this helps. If you have any questions, please post a
clarification request *before* closing/rating my answer and I'll be
happy to reply.

Thank you,
hummer

Google Search Terms Used: u.s. county office marriage certificate internationally
katya0133-ga rated this answer:5 out of 5 stars and gave an additional tip of: $1.00
Timely and thorough. Thanks!

Comments  
Subject: Re: Canadian citizens marrying in the U.S.
From: steph53-ga on 12 Jul 2005 10:07 PDT
 
Hi there...

I would assume that its legal for two Canadian citizens to marry, not
just in the USA, but all over. Think of all the couples that come to
Las Vegas and get married. Many are from all over the world. As well,
a lot of Caribbean resorts offer wedding packages and those marriages
are perfectly legal too.

My two cents worth.

Steph53
Subject: Re: Canadian citizens marrying in the U.S.
From: katya0133-ga on 13 Jul 2005 12:14 PDT
 
The specific issue with the legality of the marriage is that the
couple is Mormon, and will be getting married in an LDS temple. Not
all countries recognize LDS temple marriages as legal, so some couples
(in Europe, specifically) have to have civil services in addition to
the temple wedding. I know that the U.S. recognizes temple marriages
as legal, and I was pretty sure that Canada did, too, but then you've
got the issue of whether or not Canada will recognize a U.S. temple
marriage . . . I just wanted to double check.

Thanks, all!
Subject: Re: Canadian citizens marrying in the U.S.
From: hummer-ga on 13 Jul 2005 13:44 PDT
 
Thank you for the tip, katya0133! In regards to a Morman marriage, if
there is any doubt, most certainly obtain an Apostille and then the
happy couple can rest easy.

Sincerely,
hummer

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