Getting Married in Nepal

Americans marrying in Nepal must meet the Government of Nepal's (GON) requirements in order for the marriage to be legally binding. The legal age in Nepal for marriage is 22 years old for men and 18 years old for women. The authorities responsible for registering marriages involving foreigners are the Chief District Administrative Office for each district, popularly known as "CDO office." (In Kathmandu, the CDO office is located in Babar Mahal.)

The GON requires that Americans marrying in Nepal have an Affidavit of Eligibility to Marry, notarized by a Consular Officer at the U.S. Embassy. This is not a requirement of the U.S., rather a requirement of the GON. There is a $30 USD fee associated with this notarial service, payable in U.S. Dollars or the equivalent in Nepalese rupees. This notarial service can be completed any weekday afternoon between 1:30pm-4:00pm at the Consular Section at the U.S. Embassy on Maharajgunj, Kathmandu -- there is no need for a prior appointment. A copy of the Nepali citizen's passport or citizenship card is required.

Registering your marriage at the CDO

To apply for a GON issued marriage certificate, you need to submit the Affidavit of Eligibility to Marry (referenced above) with other required papers at the CDO office. We understand that the CDO currently requires evidence of your nationality (U.S. passport), photographs and a nominal processing fee. After you apply, the CDO will check your legal status in Nepal with various government offices. This process can take anywhere between three to eight weeks. After the CDO completes their administrative processing of your application, they will issue a marriage certificate, which is usually written in both Nepalese and in English.

Filing the Petition For Your Spouse in the United States

If you are an American citizen you have two ways to bring your foreign spouse to the United States to live. (Both involve filing petitions with the Department of Homeland Security's U.S. Citizen and Immigration Services office responsible for the petitioner's place of residence) They are:

1. Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) - An immigrant Petition for Alien Relative, Form I-130 is required.

For additional information on IR1 or CR1 visas please visit: http://travel.state.gov/visa/immigrants/types/types_1315.html

2. Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for the alien spouse (K-3) of a U.S. citizen must be filed in the U.S. and issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case.  Form I-129F is required, which is available here: http://www.uscis.gov/files/form/I-129F.pdf

For additional information on K-3 visas please visit:

http://travel.state.gov/visa/immigrants/types/types_2993.html. The spouse of a U.S. citizen applying for a nonimmigrant visa (K-3 applicant) must also have an active immigrant visa petition being processed on his/her behalf. Therefore, the spouse of the U.S. citizen (the K-3 applicant) must also meet some of the requirements for an immigrant visa.

For additional information on the Immigrant Petition process please visit: http://travel.state.gov/visa/immigrants/types/types_2991.html

Immigrant Petition for Alien Relative (I-130)

Recent legislation has led to changes in the procedures American citizens resident abroad must follow if they wish to sponsor an immediate relative (spouse, parent or minor child) for an immigrant visa. Effective January 2007, the immediate relative petition (I-130) must be filed with the USCIS office responsible for the petitioner's place of residence (that is, the place of residence of the American citizen who is filing the petition). Consular offices at U.S. embassies and consulates are no longer authorized to accept I-130s, although they will continue to provide guidance to American citizen petitioners and their family members. Responsibility for acceptance and approval of immigrant visa petitions rests solely with USCIS. American citizens should submit their I-130 at the CIS office responsible for their place of residence. [e1] Information on BCIS Service Centers can be found at http://uscis.gov/. The filing fee is $355.00.

Click here to download the I-130 petition: http://www.uscis.gov/files/form/I-130.pdf

Applying for an Immigrant Visa

Once the I-130 petition is approved, your spouse will receive information on applying for an immigrant visa at the U.S. Embassy in Kathmandu. The petition will be shipped to the Consular Section in Kathmandu which may take several weeks to several months. The processing fee for an immigrant visa application is $400.00.

To apply for an immigrant visa at the U.S. Embassy your spouse will need to provide the following:

DS-230: Application for Immigrant Visa and Alien Registration (Part I - Biographic Data and Part II - Sworn Statement) Available here: http://www.foia.state.gov/FORMS/Visa/ds0230.pdf

Passport (Note: A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States .)

Original marriage certificate issued by the GON

Birth certificate (both Nepali original and official English translation)

Police certificate for each country your spouse resided in for more than 6 months after the age of 16

Medical Examination by one of the Embassy's panel physicians

Military, court or prison records (if applicable)

Photographs (see separate handout on IV Photo requirements)

I-864: Affidavit of Support from U.S. spouse, including copies of last 3 years of IRS tax returns. (If the U.S. spouse's income does not exceed U.S. poverty guidelines, an additional sponsor's affidavit may be required).

Proof of the marriage and marital relationship

A checklist of the above-mentioned documents will be given to the applicant once the I-130 petition is approved.

Immigrant Visa Interview

Both the American citizen and his/her alien spouse may come to the immigrant visa interview, but only the alien spouse is required to appear. Immigrant visa interviews are scheduled by appointment only. Applicants may visit the Consular Section any Monday, Wednesday or Friday afternoon between 1:30 and 3:30pm to ask case-specific questions.  Applicants and American citizens may also send email inquiries to the Consular Section attention the IV Unit at: Consktm@state.gov

This informational handout is for general information only. It is not intended to explain or advise individuals of the GON’s legal requirements. If you would like specific legal advice, please consult with a Nepalese lawyer. The U.S. Embassy maintains a list of English-speaking lawyers available upon request from the Consular Section.