Affidavit of Single Status

An Affidavit of Single Status in the United States sets out facts attested under oath, giving them evidentiary weight in legal and administrative proceedings.

The United States does not maintain a national registry of marriages or divorces. Marriage and divorce records are created and maintained at the county level by county clerks, circuit courts, or superior courts, and centralized at the state level through state vital records offices — such as the California Department of Public Health, the Texas Department of State Health Services, the New York State Department of Health, and the Florida Department of Health. Because no single federal authority can certify a US citizen's complete marital history, the Affidavit of Single Status by a private individual — combined with notarization — serves as the standard US substitute for the official government-issued Certificate of No Impediment (CNI) that many foreign countries require before permitting their civil registries to solemnize a marriage with a foreign national.

US Embassies and Consulates provide an alternative route for US citizens abroad who require a sworn statement of single status for a foreign civil registry. The US Department of State's Foreign Affairs Manual instructs consular officers to administer oaths and affirmations to US citizens for documents intended for use in foreign proceedings, and embassy-executed affidavits of single status are accepted by civil registries in many countries, including France, Germany, Italy, Mexico, Japan, and South Korea.

For immigration proceedings before US Citizenship and Immigration Services (USCIS), marital status documentation plays a central role. The K-1 Fiancé(e) Visa petition (Form I-129F) under Immigration and Nationality Act § 101(a)(15)(K) requires both the US citizen petitioner and the foreign national beneficiary to be legally free to marry — a requirement that flows from the fundamental eligibility condition that no valid prior marriage may exist. USCIS Form I-485 (Application to Register Permanent Residence), Form I-130 (Petition for Alien Relative), and Form I-864 (Affidavit of Support) all require accurate representations of the petitioner's and beneficiary's current marital status.

For domestic US purposes, an Affidavit of Single Status may be requested when a previously married person applies for a marriage license in a state that requires proof of dissolution of prior marriages. State marriage license statutes — such as California Family Code § 352, Texas Family Code § 2.001, and Florida Statutes § 741.04 — require applicants to attest to their eligibility to marry, and county clerks in some jurisdictions require a sworn affidavit supplementing the marriage license application when the applicant's divorce records come from another state or jurisdiction.

A bigamy prosecution under state criminal law — for example under California Penal Code § 281 or Texas Penal Code § 25.01 — results from marrying when a prior valid marriage has not been legally dissolved. An Affidavit of Single Status that falsely represents the affiant as unmarried when a prior marriage remains undissolved could constitute perjury under 18 U.S.C. § 1621 and potentially help a bigamy offense.

An Affidavit of Single Status is needed by US citizens and residents in a range of situations where a government authority, civil registry, or institution requires sworn proof that the individual is legally free to marry.

US citizens intending to marry in foreign countries must obtain proof of single status for presentation to the foreign civil registry or religious authority authorized to solemnize marriages. Countries that routinely require a CNI or equivalent affidavit from US citizens include France (required by the French Ministry of Foreign Affairs for marriages at French civil registries), Germany (required by Standesamt offices under the German Civil Code), Italy (required by Italian Comuni), Mexico (required by Registro Civil offices under Mexican civil codes), and Japan (required by Japanese city offices under the Japanese Civil Code). For all Hague Convention member countries, the US notarized affidavit with apostille from the relevant Secretary of State satisfies the authentication requirement.

US citizens who become engaged to foreign nationals and intend to bring their fiancé(e) to the United States on a K-1 Nonimmigrant Visa must file Form I-129F with USCIS. Both the petitioner and the beneficiary must establish legal freedom to marry. Where the petitioner has never been married, the Affidavit of Single Status provides clear documentary support. Where prior marriages existed, certified copies of divorce decrees or death certificates serve the same function.

US citizens who were previously married and are registering a second marriage in their home county must disclose their prior marriage history to the county clerk or circuit court administrator who issues the marriage license. Several states — including Texas, Florida, and Georgia — require applicants to represent their prior marriage history on the license application under penalty of perjury. A sworn Affidavit of Single Status that documents prior marriages and their legal terminations may be required as a supplement to the license application.

For USCIS proceedings requiring accurate marital status representations — including naturalization petitions (Form N-400) under 8 U.S.C. § 1427, which require disclosure of all marriages — an Affidavit of Single Status helps applicants who have never married document their continuous single status during the statutory good-moral-character period.

US service members stationed abroad who intend to marry a foreign national under the Status of Forces Agreement (SOFA) applicable to their duty station — such as the US-Japan Status of Forces Agreement or the NATO Status of Forces Agreement — must provide marital status documentation to military chaplains and command officials approving the marriage, and an Affidavit of Single Status serves this purpose.

A legally effective Affidavit of Single Status for US domestic and international use must contain the following essential provisions.

The affiant identification section must state the affiant's full legal name exactly as it appears on their US passport or government-issued identification, date of birth, current residential address, US Social Security number (for domestic use), passport number (for international use), and citizenship. For international affidavits, the country of birth and the issuing country of the passport should also be specified.

The current marital status declaration states affirmatively that the affiant is currently single, unmarried, and not in a registered domestic partnership or civil union recognized under the laws of their state of residence. For affidavits to be used in countries where same-sex marriages or civil unions create legal impediments to a subsequent marriage, the affiant should confirm the absence of any such registered relationship.

The prior marriage history section discloses all prior marriages, if any, including: the full name of each former spouse; the date and location (city, state, country) of each marriage; and the date, location, and method of legal termination — whether by divorce (with reference to the court and case number), by annulment (with reference to the court and case number), or by the death of the former spouse (with reference to the death certificate). A statement that no prior marriages existed, if true, should be included explicitly.

The legal impediment statement affirms that the affiant is not aware of any legal impediment to their proposed marriage under the laws of their state of residence — such as prohibited degree of consanguinity or affinity, minimum age requirements, or existing undissolved prior marriage — and that the affiant has the legal capacity to enter into a valid marriage.

The proposed marriage section identifies the intended spouse by full name, nationality, and country of residence, and states the country and approximate date of the intended marriage. Foreign civil registries often require this information to verify that the proposed marriage will not create a conflict with the legal requirements of the country where it will be solemnized.

The sworn declaration under penalty of perjury is made in accordance with 28 U.S.C. § 1746 for federal purposes, or in accordance with the applicable state perjury statute — such as California Penal Code § 118 or Texas Penal Code § 37.02. The notarization block includes the Notary Public's signature, official seal, county and state of commission, and commission expiration date. For international use, the apostille certificate issued by the Secretary of State of the state in which the Notary Public is commissioned authenticates the affidavit for use in Hague Convention member countries.