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Legality of religious weddings

I think that I remember reading several months ago that there was a relatively new law in Colombia that makes religious weddings legal even if a notary was not present. Does anyone know the facts about this? Can you take the marriage certificate from the church to a notary and have it become an officially legal marriage?

By Azul on Mar 6, 2007, 15:05 in Visa & paperwork. AddThis Social Bookmark Button


Lowell says on Mar 6, 2007, 15:51:

Church wedding We got married in a church, then went to the notary and registered the marriage. have used copies so far to obtain my visa hera, my wife's visa in Panama and registering our baby at the US consulate.

Alfred E. Newman. "What. Me Worry?"

Lowell says on Mar 6, 2007, 15:52:

also That was a few years ago too. Not a recent law.

Alfred E. Newman. "What. Me Worry?"

bufalo says on Mar 6, 2007, 16:30:

We were told by the church that if married by them, then the government has to accept and recognize it. We got married when the gringos still had to leave the country and get a fiancé visa.

When we went to the notary to get married they said no visa, no wedding, so I would have to go back to the US and apply and wait. We then went to the church and got married. I went back to the same notary with the certificate from the church and basically said F-you, you have to accept this now, don't you. She had to and did.

"If you don't like it - lump it, take it down the road and dump it." - Archie Bunker played by Carroll O'Connor

Azul says on Mar 6, 2007, 16:52:

Thanks for the info That is what we are planning to do then. Do I need to be present when my wife brings the certificate from the church to the notary? I am currently in the US and won't be back in Colombia for a few more weeks. If she can get a head start on the process it would be good.

las cosas caen por su propio peso

Mario says on Mar 7, 2007, 05:16:

I can't tell you If you need to be there, but even if that is required, you can execute a Poder which allows someone else to represent you by proxy, such as one of your wife's siblings.

Gator says on Mar 7, 2007, 07:01:

The Church Wedding.... will be recognized as legal in almost all countries OUTSIDE of Colombia until it is registered in Colombia..

The problem arises INSIDE Colombia. For the wedding to be recognized inside Colombia it MUST be registered at a notary having jurisdiction where the ceremony was conducted. (You could not get married in Cali and go to Cartagena or Bogotá and register there, the notary would not accept the paperwork)

Make sure you REGISTER the church certificate not merely have it notarized-two different things. You would have NO problems in say the United States. However, in Colombia, your wife could not use the paperwork to change names on a cedula, passport, driver license, etc. This is one reason so many women still use their names before marriage because the changing process is one big PIA.

Your wife can do the paperwork alone and will just need her cedula.
A notery is never required at the wedding to make it "legal but to make it legal in Colombia he/she must register the mariage certificate.

"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

Azul says on Mar 7, 2007, 09:53:

Thanks!!!

las cosas caen por su propio peso

tompower says on Mar 13, 2007, 09:45:

FYI - Registering the marriage is FREE Registradura is an office in every Colombian Municipality where the cedulas, regsitros civil or registros de nacimiento are kept and copies made.
The service of registering a birth or marriage is free.
You do not need a notary to do this even though the notary who marries you offeres to register the marriage for a fee.
You can take the marriage certificate from your civil wedding yourself to the registradura office where you were married and have them register it. They then give you an official copy of the marriage registration showing you that the marriage is in their records. It is this copy that you need to send to the ministry of the exterior to have it stamped (aposilled) and translated for use in your partner's visa application.
One other thing if you let them know you are registering a marriage and not applying for a lost or stolen cedula you'll get faster service,.. I did.
Once a religious marriage is registered its as legal and binding as a civil marriage more so because the pope doesnt give divorces.

bradb7665 says on Apr 16, 2007, 05:27:

Church Wedding Hello, Im new here and seeking accurate information. What churches are there in Bogota that are legally recognized. What I am asking is are church weddings that are non Catholic recognized and able to be registered? I am going to Bogota in June as a first meeting which is a requirement for a K2 visa. Someone was telling me that it would be possible to get married in Colombia then work to get her into USA as a spouse. Please advise. Thank you

Gator says on Apr 16, 2007, 07:26:

All Churches.... that are recognized as ones representing established, recognized, religions can conduct weddings that will be recognized.

K-2 Visa? Porque? The K-2 is a non-immigrant visa that allows the child of a K-1 fiance visa holder to enter into the U.S. and await the availability of an immigrant visa.

Any legal wedding in Colombia is recognized in the USA and by immigration authorities. You need to have the weeding properly registered in Colombia and in the departmento where it takes place.

"Someone was telling me that it would be possible to get married in Colombia then work to get her into USA as a spouse."
visit the US Embassy, Bogotá, web page for a full explanation of what is required.

"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

bradb7665 says on Apr 16, 2007, 07:53:

K1 and K2 Hello Gator sir,
Thank you for the answer. I have been reading so much on this immagration situation that I get all my B's and K's confused. She will be applying for a K1 visa and she has a 10 year old daughter that will need the k2. (As I understand it) I will go to the mentioned web site for further information. Both of us are protestant Christians. We were contemplating getting married in June in Bogota, register the marrige. Upon my return to the States I would begin work on getting her and her daughter in country. Instead of a K1 but as my wife. I seems easier that way. But maybe not.

thanks
Brad

Gator says on Apr 16, 2007, 08:16:

Sound Like.... a good idea BUT remember-if you marry you are no longer eligible for a K-1 Visa-for a fiancee only. No problm! Just apply for a K-3 spouse visa

"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

Azul says on Apr 16, 2007, 08:20:

K1 vs K3/CR-1 The K-1 (fiancee visa) is generally considered the easiest and quickest option. You should read up on your options before you decide. A good place to start is visajourney.com

Good luck

las cosas caen por su propio peso

Mario says on Apr 16, 2007, 13:18:

http://bogota.usembassy.gov/wwwsmare.shtml Colombian Civil Law Requirements

The following documentary requirements must be completed to satisfy the civil law regarding marriage in Colombia. Civil marriage is a contract which takes effect upon issuance of the deed of marriage (escritura pública de matrimonio civil), which is issued by a notary public. In order to process the deed of marriage the foreigner has to identify himself with his passport or a Colombian foreigner identification card. It is no longer necessary to have a marriage visa to marry in Colombia.

U.S. birth certificate: The U.S. citizen, if not born in Colombia, must obtain a certified copy of his/her birth certificate, issued within the three months prior to the wedding. The certified birth certificate, if issued in a language other than Spanish, must be translated into Spanish by an official translator and must have an Apostille.

Certificado de soltería: The U.S. citizen must present a notarized, written statement, executed by a family member or close friend who has known him/her for more than ten years, stating that he/she has never been married. If issued in a language other than Spanish, this statement must be translated into Spanish by an official translator and must have an Apostille.

Apostille: The Hague convention abolishing the requirement of legalization for foreign documents dated October 5, 1961 entered into force for the United States on October 15, 1981. The Convention entered into force for Colombia on January 30, 2001. Documents originating in the United States require for recognition in Colombia an Apostille issued by competent U.S. authorities.

If either the U.S. citizen or his/her Colombian fiancé/e have previously been married in other than a Roman Catholic ceremony, a Certificate of Dissolution must be presented, properly authenticated, depending on whether it was issued in Colombia or abroad, as indicated above. If issued in a language other than Spanish, this statement must be translated into Spanish by an official translator and must have an Apostille.

When these documents have been prepared as indicated, they should be delivered to a Colombian notary for processing. The Colombian spouse should at this time provide an authenticated birth certificate issued within the month prior to the wedding, as well as an authenticated copy of his/her cédula.

For civil ceremonies, the notary will be able to offer instruction on petitioning a Colombian judge to perform the wedding service.

Please note that after the wedding, the U.S. citizen must provide the Colombian notary (who has processed the papers) confirmation that the municipality in the U.S. which earlier issued his/her birth certificate has been informed of the marriage. Additionally, the marriage certificate must be registered with the Colombian notary.


Roman Catholic Church Requirements

As noted above, in the event of a Roman Catholic Church marriage to a Colombian national, the U.S. citizen must comply with the following documentary requirements, in addition to the Colombian civil law requirements listed previously:

Baptismal Certificate: If the U.S. citizen was not born in Colombia, and is Roman Catholic, he/she must present a baptismal certificate obtained within the three months, prior to the wedding with an Apostille. The certified baptismal certificate, if issued in a language other than Spanish, must be translated into Spanish by an official translator and must have an Apostille.

U.S. citizens who are not Roman Catholic must instead present their birth certificate. The certified birth certificate, if issued in a language other than Spanish, must be translated into Spanish by an official translator and must have an Apostille.

Confirmation Certificate: U.S. citizens who are Catholic must present their certificate of confirmation. The certified confirmation certificate, if issued in a language other than Spanish, must be translated into Spanish by an official translator and must have an Apostille.

U.S. citizens who are not Catholic must instead present certification of the religion to which they belong (and translation, if necessary) with an Apostille.

Certificado de soltería: U.S. citizens who are Catholic must present a written statement, sworn before a Roman Catholic priest and authenticated by a Church official, executed by two family members stating:
1. how many years they have known the U.S. citizen; and
2. that the U.S. citizen has never been married in the Catholic Church or, if previously married in the Catholic Church, the reason for the dissolution of the marriage.

If issued in a language other than Spanish, this statement must be translated into Spanish by an official translator and must have an Apostille.

If the U.S. citizen who is Roman Catholic has been previously married in the Church, he/she must additionally present certification of the annulment of the marriage, certification of the civil law divorce, and/or certification of the death of the previous spouse. A person previously married by the Catholic Church and subsequently divorced from a still living spouse may not be remarried in the Catholic Church in Colombia without first obtaining an annulment from the Church.

U.S. citizens who are not Catholic must instead present a written statement, sworn before a Notary, executed by two family members stating:
1. how many years they have known the U.S. citizen; and
2. that the U.S. citizen has never married, either in the Catholic Church or under civil law.

All documents must be translated into Spanish and have an Apostille issued by the appropriate U.S. authorities.

Premarital Course: All U.S. citizens, regardless of religion, seeking to marry a Colombian national in the Roman Catholic Church, must attend a Church-sponsored premarital course, and present the course certificate along with the above documents.

Important: The Colombian national spouse must comply with his/her own documentary requirements.

All of the above-referenced documentation should be presented, Monday through Friday, between 9:00AM to 12:00M, at least one month prior to the anticipated wedding date at:

Arquidiócesis de Bogotá
Delegación Arzobispal
Matrimonios de Extranjeros
Curia Arzobispal
Carrera 7 # 10-20
Phone: (571) 350-5511

Along with the referenced documentation, the couple to be married must present themselves, and two witnesses of legal age (preferably family members), together with the identity documents of the couple and the witnesses.

The proposed marriage will be announced by the Roman Catholic Church and, if no information which may prevent the marriage is presented within one month after the announcement, the wedding date will be set.

Following the wedding ceremony, the Roman Catholic Church marriage certificate must be registered with a Colombian notary.

kfc2801 says on May 18, 2007, 05:35:

Colombian Marrige Information My fiancee' has a large family in Bogota. We have therefore decided to have our wedding in Bogota. She emailed me telling me that we actually have two ceremonies. One at the magistrate and the other at the Church. Two wedding services this seems odd to me. Is this the correct procedure?

Also for the magistrate service Im told that I need a Birth certificate, copy of passport, divorce decree from first marrige, and a certificate of singlehood from my local county. All these documents need to be translated within 90 days....

Lastly, I read in here that that a Church wedding is legal. If a Church wedding, and we both are non catholic, protestant, is legal then where dod you get the marrige certificate that you would register at the magistrate.

Thanks for your help.

KFC2801

Gringo from Georgia USA who is married blissfully to Colombian Lady.

Gator says on May 18, 2007, 07:07:

Not Catholic???? I doubt you will marry in the Catholic Church.

In no case is a "dual ceremony" required as long as the religious one is conducted by a minister of a recognize faith.

The notary comes into play when you REGISTER the wedding. You must do this step if you want the marriage to be recognized IN COLOMBIA. The notary will issue you deed of marriage (Escritura Pública de Matrimonio Civil).Unless you "notary shop" before the wedding the paper work you mentioned is required. It can and does vary between notaries.

Don't forget those Apostilles if required.

"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

kfc2801 says on May 18, 2007, 07:54:

Certificate of Singlehood ? Hello,
I just called my local courthouse and asked them If I could get a Certificate of singlehood. After explaining to them what that was they informed me they do not do such letters. Is this going to be a problem?

KFC

Gringo from Georgia USA who is married blissfully to Colombian Lady.

Gator says on May 18, 2007, 08:46:

All You Need is a notarized, written statement, executed by a family member or close friend ( I would have two) who has known you for more than ten years, stating that you have never been married. If issued in a language other than Spanish I would have it translated it must have an Apostille.

Try this:

CERTIFICATE OF SINGLENESS

I (name of friend(s) goes here. [Make sure it is exactly like that on the ID used) of (address goes here or you can include an id # like from a drivers license)
Do swear and affirm that I/we have known (your name and I would use your name as on your passport) of (address and passport number) for greater than (x number) years. (I made sure both were a minimum over 5 years ten if possible)

To the best of my/our personal knowledge this person is single and has never been married.

signatures

notarized


If you want to be doubly sure you can go to the Clerk of the Count where you live and ask for a records search and a letter reflecting the results even if negative. Not absolutely necessary by nice as a backup.


"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

lpdiver says on May 18, 2007, 17:54:

any church that performs very many marriages will be familar with the registering the marriage and probally will do so for you.

Two additional things to consider. Have the marriage recorded on the back of her birth certificate and get a copy before you leave.

Finally, Have you obtained permission from the childs father for them to leave Colombia? Are you sure?

Tiberon

"cook some rice!"

Gator says on May 19, 2007, 06:37:

Cuidado! You must resister the marriage-the church will not. the Catholic Church will do the registration with church authorities both in Colombia and in the United States. Also you must register in the departmento where the wedding took place. You can't say get married in Cali and register the marriage in say Cartagena.

Since you did not mention any children in your post I assumed there are none. If there are you must have formal, notarized permission from the biological father or DAS will not allow the child to leave.

Not the birth certificate - the marriage certificate will be used.

"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

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