Marriage 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. 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 local civil affairs office ,minzhengju, in each jurisdiction. Persons planning to marry should visit one of these offices for specific information. There will be a fee for this visit. If one of the partners is a Chinese citizen, the appropriate civil affairs office will be the one in the jurisdiction in which the Chinese citizen is registered (the location of the hukou).

If both are foreigners, it will be the civil affairs office in the city in which they live. In general, at least one of the partners must reside in China. Two foreigners visiting China temporarily on tourist visas are unlikely to be able to register a marriage here.

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 can expect to be expelled from school as soon as they do. American citizens wishing to marry Chinese students should bear this in mind. It also should be noted that the school may require Chinese students to reimburse the school for hitherto uncharged tuition and other expenses upon withdrawal from school to marry foreigners. The school will not release documents the student needs to register the marriage until the fees are paid. Some work units may also demand 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, 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 current passport and your Chinese visa
• a "certification of marriageability" which can be prepared at the Consulate 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 (persons who have previously been married need to show a certified divorce decree, annulment decree, or death certificate both to the 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.)
• three photos of the marrying couple, taken together
• a registration fee

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

• household registration book
• her ID card
• her divorce decree if applicable

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 Public Notary offices.