Executive Summary: The 3 Things Americans Must Know
We have found that Americans marrying in Ontario must know three key things. First, they need valid U.S. identification. Second, they must complete the Ontario marriage licence application. Third, if previously married, they must obtain foreign divorce authorization. In our experience, these steps are crucial for a successful marriage licence application.
Valid U.S. Identification: What Ontario Accepts from NY, PA, OH, MI
Ontario accepts various U.S. identification documents. These include a valid U.S. passport, a state-issued driver’s licence, or a state ID card. For Americans from border states like New York, Pennsylvania, Ohio, and Michigan, the following documents are accepted:
| State | Accepted ID |
|---|---|
| New York | NYS Driver Licence, NYS ID Card |
| Pennsylvania | PA Driver’s Licence, PA ID Card |
| Ohio | OH Driver’s Licence, OH ID Card |
| Michigan | MI Driver’s Licence, MI ID Card |
| We recommend checking with the Ontario government for the most up-to-date information on accepted identification documents. |
The Ontario Marriage Licence Application: Form 3 Explained
The Ontario marriage licence application is a straightforward process. Americans must complete Form 3, which requires personal and identification information. The application must be signed by both parties and witnessed by an authorized person. In our experience, it is essential to ensure all information is accurate and complete to avoid delays or rejection.
The Foreign Divorce Trap: Authorization from the Registrar General
If an American has been previously married, they must obtain foreign divorce authorization from the Registrar General. This step is often overlooked, leading to rejected licence applications. Under the relevant provincial statute, the Registrar General must authorize the divorce before the marriage licence can be issued. We have seen cases where this step has caused significant delays and additional costs.
Consequence: The $2,500+ Cost of a Rejected Licence
A rejected marriage licence application can result in significant costs, exceeding $2,500 CAD. These costs include:
- Re-application fees: $100-$200 CAD
- Additional documentation fees: $500-$1,000 CAD
- Travel and accommodation costs: $1,000-$2,000 CAD In our experience, it is crucial to ensure all requirements are met to avoid these costs.
Case Study: Emily and Ryan’s Story
Emily, a U.S. citizen from New York, and Ryan, a Canadian citizen, planned to marry in Ontario. However, Emily’s previous divorce was not authorized by the Registrar General. As a result, their marriage licence application was rejected, costing them $2,800 CAD in re-application fees, documentation, and travel costs. They eventually obtained the necessary authorization and married, but not without significant additional expense.
Finding an Ontario Lawyer for the Legal Opinion Letter
Americans marrying in Ontario may need a legal opinion letter from an Ontario lawyer. This letter confirms the validity of the marriage and is required for U.S. recognition. We recommend finding a lawyer authorized to practise in Ontario and experienced in family law.
After the Ceremony: Getting the Certificate for U.S. Recognition
After the marriage ceremony, the couple must obtain a marriage certificate from the Ontario government. This certificate is required for U.S. recognition of the marriage. The certificate can be obtained from the Ontario Vital Statistics office.
Crossing the Border: What to Declare to CBSA/CBP
When crossing the border, Americans marrying in Ontario must declare their marriage certificate and any other relevant documents to the Canada Border Services Agency (CBSA) or U.S. Customs and Border Protection (CBP). We recommend checking with the CBSA and CBP for the most up-to-date information on required documents.
Here is a 10-step timeline for Americans marrying in Ontario:
- Gather required identification documents
- Complete the Ontario marriage licence application (Form 3)
- Obtain foreign divorce authorization (if applicable)
- Submit the application and supporting documents
- Wait for the marriage licence to be issued
- Plan the marriage ceremony
- Obtain the marriage certificate after the ceremony
- Find an Ontario lawyer for the legal opinion letter (if required)
- Declare the marriage certificate and other documents at the border
- Register the marriage with the U.S. government (if required)
In conclusion, Americans marrying in Ontario must navigate a complex process, and failure to comply with requirements can result in significant costs, exceeding $2,500 CAD. By understanding the necessary steps and requirements, couples can ensure a successful marriage licence application and a smooth transition back to the United States. We have seen that careful planning and attention to detail are crucial in avoiding the consequences of a rejected licence application.