... in response to For Larry in Dallas, posted by Georgina on May 4, 2001MARRIAGE TO A COLOMBIAN NATIONAL
The following is an informal interpretation of Colombian law regarding the marriage of a U.S. citizen to a Colombian national. One should always consult with the appropriate Colombian governmental and/or religious officials as to specific details and updated information. A marriage performed in accordance with Colombian law is recognized under the law of the United States.
COLOMBIAN CIVIL LAW REQUIREMENTS
The following documentary requirements must be completed to satisfy the civil law regarding marriage in Colombia. Please note that even if a religious ceremony is planned, the civil requirements must also be completed. According to the Colombian Immigration law a foreigner with a tourist visa should stay in the country only with the purpose of tourism. Therefore, a foreigner with a tourist visa cannot enter into contracts 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 the notary. In order to process the deed of marriage the foreigner has to identify himself with his passport and either a valid visa or Colombian foreigner identification card.
U.S. Birth certificate: The U.S. citizen, if born outside of Colombia, must obtain a certified copy of his/her birth certificate, issued within 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 include an Apostille.
Certificado de Soltería: The U.S. citizen presents a notarized, written statement, executed by a family member or close friend who has known the U.S. citizen more than ten years, stating that the American Citizen has never been married. If issued in a language other than Spanish, the certificate (statement) must be translated into Spanish by an official translator with 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 156, 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.
List of the competent officials in each state for the issuance of an Apostille.
If either the U.S. citizen or his/her Colombian fiancé(e) had previously been married in other than a Catholic ceremony, a Certificate of Dissolution must be presented, properly authenticated, depending on whether it was issued in Colombia or abroad, as indicated above.
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 one 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 with 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.
CATHOLIC CHURCH REQUIREMENTS
As noted above, in the event of a 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 is born outside of Colombia, and is Catholic, he/she must present a baptismal certificate, with an Apostille obtained within the past three months as with civil law documents discussed above. The certificate, if not issued in Spanish, must also be translated and an Apostille must be obtained following the same procedure as with civil law documents.
U.S. Citizens who are not Catholic must instead present their birth certificate (and translation, if necessary) with an Apostille.
Confirmation Certificate: U.S. Citizens who are Catholic must present their certificate of confirmation (with translation, if necessary) with 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 to before a Catholic priest and authenticated by a Church official, executed by two family members stating: a) how many years they have known the U.S. citizen; and b) 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 the U.S. Citizen who is 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, if applicable, certification of the death of the previous spouse. Please note that 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: a) how many years they have know the U.S. citizen; and b) that the U.S. citizen has never married, either in the Catholic Church or under civil law.
All documents must, once again, be translated if necessary and include an Apostille.
Premarital Course: All U.S. Citizens, regardless of religion, seeking to marry a Colombian national in the Catholic Church, must complete a Church sponsored premarital course, and present the course certificate along with the above documents.
It is important to note the Colombian national spouse must comply with his/her own documentary requirements.
All of the above referenced documentation should be presented at least one month prior to the anticipated wedding date to:
Parroquia San Alberto
Diagonal 69 # 54A-28
Bogotá, D.C.
Tel.: (571) 231-4062
Hours: Monday through Friday, 12:50PM-6:00PM
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 Church and, if no information which may prevent the Catholic marriage is presented within one month after the announcement, the wedding date will be set.
Following the wedding ceremony, the Church marriage certificate must be registered with a Colombian Notary.
Bogotá, D.C.
April 12, 2001