Hi,

I’m a US citizen and I’m planning to get married to a Spanish citizen in Barcelona. Among other things, I need proof
that I am not married, does anybody know where to get that or what that is?

Thanks,

Danny

Hi Danny,

I would guess that you would need to approach your local records bureau and get them to certify that you are not registered as being married.  The IRS also would have a record of your marital status, but try asking at the US Embassy in Spain - they have probably come across this issue before and know exactly what document is required.

Regards,
Alan.

Thank you! I will.

Danny

Hi dude,

It is not as simple as it sounds to get married in Spain, but I’ll answer your question, Go to your nearest consultate and ask for an affidavit of non previous marrige about 10 bucks. Anyways I suggest you to get an attorney because if they reject your marrige petition you’re done!!!

armando.HERGER - 24 April 2007 05:08 PM

Anyways I suggest you to get an attorney because if they reject your marrige petition you’re done!!!

Is that what happened to you?

Almost!, I was lucky because I went without Attorney and then,when I saw it was taking long I went to an Attorney, and he went with me to a second interview with the judge because on the first one I did not know the names of my future relatives, which is extremely important in Spain, they asked me what was the name of my mother in Law, I did not know!!! Who needs those details!! Well they do!! So, the almost denied petition was positive at the end.

I think it totally depends where you are from.  I’m from the US, I just married a Spanish citizen, and had no problems, no interviews, no questions.  This is only because I am from the US (they told my wife that if I was from a poorer country, they would interview). 

I went to the consulate to get the paper saying I was not married.  There was a fee to have the person in the consulate notarize the document.

You will need your birth certificate stamped with the apostille from your own country, and they recommended that my birth certificate had been printed in the last 90 days.  Then we went to the local judge to sign all the paperwork (along with two witnesses).  Later there is a waiting period, and the marriage petition is posted in the town/city.  After the petition is accepted, you can get married.  We got married in a civil ceremony (need 2 witnesses).

The whole process took a couple of months. Then comes the fun of filling out all the paperwork and the waiting in line to get your residence card (NIE).

I came to Spain in early January, got married February 22nd, and I will get my NIE card in about another month from today.  Just to let you know it’s not a fast process. 

Tyson

Hello,

This is from the U.S. Department of State’s website under Marriage in Spain—

For civil marriages:

“Proof of freedom to marry. For Spaniards, the Civil Registry has a document for this purpose. Since there is no equivalent document in the U.S., a sworn statement to the effect that the parties are single and free to marry, signed before an American Consul can be used.”

For religious marriages:

“Proof that Both Parties are Free to Marry. For Americans this consists of a sworn statement by the parents of the party stating he/she has never been married, witnessed by the parish priest. One should note that a statement made by the party him/herself, while acceptable to the Civil authorities, is not acceptable to the Bishopric in Madrid. The Church insists on a statement by the parents.  The Bishopric of the parents’ place of residence must authorize and seal the statement.

Source: http://travel.state.gov/law/citizenship/citizenship_763.html

Congrats on your upcoming marriage.

Danny, call your State’s Secretary of State (where you last resided) PRONTO. You need a form from them as well as an “apostile” stamp. California charges $20.00 for this. This form verifies your marriage status in the last state of residence. Go to the US Consulate in Valencia or Barcelona and get a Certificado de Soltery” which is just an affadavit. I believe it’s free of charge. Other things you will need for the Ayuntamiento:

Birth Certificate (with apostile stamp)
Copy of Passport (especially the page with the last entry stamp)
Empadronamento
2 Witnesses with their DNI’s

They will keep EVERYTHING so make sure you get extra certified/apostilised copies of your Birth Certifiate and marriage status.

congrats and good luck.

PS after all these delays and two trips back to the US to stay legal, I’m finally getting married this coming Tuesday.