China — Spouse & Fiancé Visa Guide
Bringing Your Chinese Partner to the United States
Marriage Registration in China
Marriages in China are registered according to Chinese law, through the marriage registration office of the local civil affairs bureau (民政局), in the jurisdiction where the Chinese citizen's hukou, or household registration, is held. US consular officers do not perform or witness marriages abroad, since administering marriage is a power reserved to individual US states, not the federal government.
The American partner is generally asked to provide:
- Valid passport with a valid Chinese visa. If both parties are foreign nationals, at least one must also present a Chinese residence permit.
- Affidavit of marriageability. Obtained at the US Embassy by swearing or affirming before a Consul that you are legally free to marry. This requires an appointment and carries a $50 fee.
- Prior marriage documentation — If previously married, a clear photocopy of the divorce decree, annulment decree, or death certificate. Chinese authorities will generally accept a copy if the original is presented alongside it; keep the original, since it's needed later when filing the immigrant visa petition.
- Three photos of the couple together.
- Registration fee, paid at the local marriage registration office.
The Chinese partner is generally asked to provide their national ID card and hukou booklet, along with prior marriage documentation if applicable. Under current rules, no birth certificate or health certificate is required.
At least one party to the marriage generally must be a Chinese citizen or long-term resident; marriages between two foreign temporary visitors typically cannot be registered in China. Questions about what documents the Chinese partner must submit should go to the local marriage registration office (婚姻登记处).
Minimum age requirements are generally 20 for women and 22 for men under Chinese law, though some local civil affairs offices may apply a higher minimum.
Marriage certificates are usually issued the same day registration takes place. A marriage that's legal where it was performed is legal in the United States; there's no need to re-register the marriage at the embassy or in the US.
Common Challenges for China Cases
Scheduling the affidavit of marriageability
Hukou-based jurisdiction
K1 versus CR1/IR1 timing decisions
Prior marriage or divorce documentation
FAQ
Frequently Asked Questions
Can't find your answer? Every case is different, and a free case evaluation is the fastest way to get guidance specific to your situation.
Get a Free Case EvaluationDoes the US embassy perform or witness marriages in China?
No. US consular officers do not have the authority to perform or witness marriages abroad. Administering marriage is a power reserved to individual US states, so marriages taking place in China are registered entirely under Chinese law.
What is an affidavit of marriageability?
It's a document obtained at the US Embassy, where you swear or affirm before a Consul that you're legally free to marry. It requires an appointment and a $50 fee.
What documents does my Chinese partner need to provide?
Generally their national ID card and hukou booklet, plus divorce or death certificate documentation if they were previously married. No birth certificate or health certificate is required under current rules.
Where does my Chinese partner need to register our marriage?
Generally at the civil affairs bureau in the jurisdiction where your partner's hukou, or household registration, is held, which may not be the same as the city where you currently live together.
Do we need to re-register our marriage in the US after marrying in China?
No. A marriage that's legal where it took place is legal in the United States, so there's no need to re-register it at the embassy or in the US.
Is a K1 or CR1/IR1 visa faster for a Chinese partner?
It depends on individual circumstances, including current processing volumes and each couple's specific documentation. This is worth discussing during a case evaluation rather than assuming one path is faster.
