Getting Married in China

BASIC INFORMATION ABOUT GETTING MARRIED IN CHINA

American citizens contemplating marriage in China, either to a Chinese citizen or to another foreigner, should review the following general information on Chinese government procedures. Marriages in China are registered according to the laws of China, regardless of the nationality of those being married. Marriage registration procedures are administered by the marriage registration office of the local civil affairs bureau (Minzhengju) in each jurisdiction. People planning to get married should visit one of these offices for specific information. There may be a fee for this visit. The appropriate civil affairs office will be the one in the jurisdiction in which the Chinese citizen is registered (the location of his or her hukou).

Certain categories of Chinese citizens, such as diplomats, security officials, and others whose work is considered to be crucial to the state, are not legally free to marry foreigners. Chinese students generally are permitted to marry if all the requirements are met, but they should check with their school first. It also should be noted that at least one school in Beijing has required Chinese students to reimburse the school for hitherto uncharged tuition and other expenses upon withdrawal from school to marry foreigners. Schools in different areas have their own reimbursement standards. A school will not release documents the student needs to register the marriage until the fees are paid. Some work units have also demanded compensation for "lost services."

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, though a higher minimum may be established by the local civil affairs office) and that both parties are single and otherwise free to marry. People who have been married before 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 current passport
• if both parties are foreigners, one side should present a Chinese residence permit
• a "certification of marriageability" which can be prepared at the Embassy or Consulate on the basis of an affidavit in which the American citizen swears or affirms before a Consul that he or she is legally eligible to marry (people who have previously been married need to show a certified divorce decree, annulment decree, or death certificate both to the Embassy or Consulate when preparing this certificate and to local authorities. Since proof of termination of all previous marriages will again be required when you file an immigrant visa petition on your spouse's behalf, we recommend that you do not surrender the certified copies of death certificates or divorce or annulment decrees to the civil affairs office. 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.) Please bring your fiancee's Chinese ID (shenfen zheng) with you when you apply for this certificate. Please be aware that only the American citizen is required to appear in person at the Consulate for the above said marriageability certificate.  To make an appointment for this service, please click here.
• three photos of the marrying couple, taken together
• a registration fee

The Chinese partner to the marriage will be asked to submit the following:

• a certificate of marriageability (obtainable from the office which has physical control of his or her file)
• household registration book
• health certificate (obtainable from a regional level local hospital)
• Chinese ID (shenfen zheng)

All English-language documents must be translated into Chinese. Translation of documents usually takes about a month, but can be completed within 10 days at double the original cost. Translations should be obtained from and certified by one of the Municipal Public Notary offices.

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 Department of Homeland Security (DHS) Beijing Office, which can be contacted at (8610) 8531-3111(phone) and (8610) 8531-3100(fax).

Information concerning marriage overseas may be found at here.