Getting Married

BASIC INFORMATION ABOUT GETTING MARRIED IN CHINA

American citizens contemplating to marry a Chinese citizen in China should review the following general information on Chinese Government procedures. Marriages in China are registered according to the laws of China. Contrary to popular notion, American diplomatic and consular officers do not have the authority to perform marriages and are not required to witness the marriages of American citizens. One reason for this is that under the U.S. Constitution the administration of civil affairs is one of the powers reserved to the various states. Thus, as Federal Government employees, American consular officers are prohibited from usurping this state role.

The current Marriage Law of the People's Republic of China was passed in September 1980 and went into force on January 1, 1981. Under this law, marriage registration procedures are administered by the marriage registration office of the local civil affairs bureau, (Min Zheng Ju) in each jurisdiction. Persons planning to marry should visit or call one of these offices for specific information. The appropriate civil affairs office will be the one in the jurisdiction in which the Chinese citizen is registered (the location of hukou). In Beijing, inquires should be directed to the following:

Marriage Registration Office
Bureau of Civil Affairs of Beijing Municipality
1st FL., No. 8 Huayanli
Chaoyang District Beijing 100029
Telephone: (8610) 6202-8454 (Telephon Recording Message)
                (8610) 6203-5724 (To Speak to Someone) 
Working hours: 09:00-11:30; 13:30-17:00 Monday- Friday

As of October 1, 2003, the Chinese marriage registration authorities stopped registering the marriages that both parties are temporary foreign visitors. The new regulation states that at least one party should be a long-term resident in China.

Upon receipt of an application to register a marriage, the civil affairs office will ascertain that both parties are of minimum marriageability age (generally 22 for men and 20 for women, although a higher minimum may be established by the local civil affairs office) and that both parties are single and otherwise free to marry. Persons who have been married previously will be asked to submit original or certified copies of final divorce or annulment decrees, or of death certificates if widowed. The American partner to a marriage in China will generally be asked to submit the following:

• A valid passport with valid Chinese visa 
• If both parties are foreigners, one side should present a Chinese residence permit
• A "affidavit of marriageability" which can be prepared at the Embassy on the basis of an affidavit in which the American citizen swears or affirms before a Consul that he or she is currently legally eligible to marry. If a previous marriage ended in divorce or death, you should take a good photocopy with you when you go to register the marriage. Generally, if you present the certified copy with the copy for their review, the Chinese authorities will accept the copy. This is also true for your spouse if he or she has previously been married.) Hold on to your original documents, since these will be required when you file an immigrant visa petition on your spouse’s behalf. Original or a copy of the Chinese fiance/e's ID or passport is required to present when applying for the marriageability affidavit.
• Three photos of the marrying couple, taken together
• A registration fee

Inquiries on what the Chinese partner must bring submit to the marriage office should be directed to the local marriage registration office (Hun Yin Deng Ji Chu).
Normally, marriage certificate can be issued by the Marriage Registration Office of the Bureau of Civil Affairs on the same day.

APPLYING FOR AN IMMIGRANT VISA FOR YOUR SPOUSE

After the marriage, the U.S. citizen spouse may file an immigrant visa petition on behalf of his or her non-U.S. citizen spouse. U.S. citizens who reside in China may file immigrant visa petitions on behalf of immediate relatives at the Citizenship and Immigration Services Office (USCIS), which can be contacted at (8610) 8529-6740(phone) and (8610) 8529-6779(fax).