Certificate of No Impediment (Capacity to Marry) Translation for the USA

State and county differ: there is no single rule

Marriage licences in the USA are issued at state and county level, and a couple must obtain one from the county clerk in order to marry. Here lies an important departure from Germany or France: in a good many US states no separate document showing that no impediment to marriage exists is asked of the person marrying, and marital status is more often established by that person’s own declaration, a form of sworn affidavit. In some situations, though, particularly for people who have married before or in certain procedures, a document evidencing single or marital status and its translation may still be required. Which document is needed depends entirely on the practice of the state and county involved.

Where a Turkish certificate of capacity to marry is put forward in this context, the translation does not turn it into a US document; the issuing authority, the civil registry office, and the identity of the document are carried across in their original form. The sworn declarations that may be met with on the US side, such as a single status affidavit or an affidavit of eligibility to marry, are separate documents; the Turkish certificate does not take their place but is generally used as the basis for them or alongside them.

Currency, matching names and the multilingual form

Because marital status can change, a recently dated certificate is looked for wherever one is required; a certificate issued long ago may be sent back for renewal however faultless its translation. In a marriage file the document never stands alone – it is read together with the passport and, where needed, the birth certificate, and the given name, surname and birth details are expected to be identical across them. A difference in the Latin-script spelling raises the question at the county clerk’s desk whether the two documents belong to the same person.

Türkiye can issue the certificate of capacity to marry in the multilingual (CIEC) form, but acceptance of that form in the USA is not guaranteed; since the USA stands outside the European-based convention system that produces the multilingual form, a county clerk will usually expect an English translation accompanied by a certificate of accuracy. Rather than relying on submitting the multilingual form as it is, then, the safest move is to find out beforehand what the county you are going to actually asks for.

The need for a Turkish certificate of capacity to marry often becomes apparent not while marrying inside the USA but in procedures with one end in each country: the marriage of a US citizen in Türkiye, say, or a fiancé or spouse visa in which the marital status of the parties has to be established before USCIS, the federal immigration authority. In such procedures, which party submits the document and to which authority also settles the language of the translation and the layer of certification. In every case the translation carries the marital status and the issuing authority across as they stand, without making the Turkish document resemble a US one; establishing at the outset where the document is meant to take effect spares you the trouble of a certificate obtained in the wrong place. And because marital status is information that can change, a current date on the certificate and a spelling of the name consistent with the passport are watched for throughout, whichever state or authority the procedure runs through.

• Do not assume a single US rule; ask about the practice of the state and the county.
• Do not equate the Turkish certificate with a single status affidavit; carry its identity across.
• Keep the spelling of the name identical to the passport, and use a current certificate.

Certification: the signed certificate of accuracy and the apostille

The USA has no sworn translator regime; a signed certificate of accuracy is usually attached to the translation of the document, and some procedures ask in addition for the signature on that certificate to be witnessed by a notary. For a document originating with the civil registry the apostille is obtained from the governor’s office or the district governor’s office; the courthouse is not the place to seek it. The safest sequence is to obtain a current copy, complete the apostille and then translate the document with the apostille included. The USA is a party to the Hague Apostille Convention, so confirm the current position from the official HCCH list. You can handle your marriage file through our single office in Ankara Kızılay, see the cost on our pricing page and request a quotation by uploading your document. This page is for general information; confirm the document required and its certification with the relevant authority in the state you are going to.