An affidavit of single status in Texas is a sworn statement, signed before a notary, declaring that you are unmarried and legally free to marry. You will almost certainly need one if you are getting married in another country, because the foreign government has no way to confirm your marital status from U.S. records. Texas does not publish an official form for this purpose, so you draft the affidavit yourself (or from a template), sign it before a Texas notary, and then send it to the Secretary of State for an apostille or Certificate of Authentication before it will be accepted abroad.
Check the Destination Country First
Before you draft anything, contact the embassy or consulate of the country where the wedding will take place. Requirements vary. Some countries dictate exact wording. Some require a translation. Some want the affidavit presented with additional embassy certification after the apostille. Skipping this call is the most common reason people end up repeating the entire process.
The embassy will also tell you how recent the affidavit has to be. Most foreign authorities will only accept one issued within the previous three to six months, and an otherwise accurate document can be rejected as expired. Time your notarization and apostille so the final package arrives well inside whatever window the country sets.
What to Put in the Affidavit
Content varies by country, but a workable affidavit of single status generally includes:
- Your full legal name exactly as it appears on your passport or government-issued ID.
- A clear statement that you are currently single, unmarried, and legally free to enter into marriage.
- Your marital history, if any. If you were previously married, state the date you became single again. Some countries want you to specify whether the earlier marriage ended by divorce or by death of a spouse.
- The name of your intended spouse and the country where the marriage will take place, if the foreign authority asks for it.
Some governments also want your date of birth, place of birth, or current address. A generic affidavit that covers the basics above works for many countries but not all, which is why the embassy call comes first.
Signing Before a Texas Notary
You have to sign the affidavit in front of a Texas notary public. Do not sign it in advance. The notary puts you under oath, verifies your identity, watches you sign, and then applies an official seal. Texas law requires the notary to confirm your identity through a government-issued ID or a U.S. passport if they do not personally know you.1Office of the Texas Secretary of State. Notary Public Educational Information The seal must identify the notary and the State of Texas; the Secretary of State will reject anything without a proper seal.2Texas Constitution and Statutes. Texas Government Code Chapter 406 – Notary Public
The maximum a Texas notary can charge for taking an oath and providing the certificate and seal is $10. Many charge less, and some banks and credit unions notarize for customers free of charge.
Apostille or Certificate of Authentication
A notary stamp alone is not enough. Foreign authorities need a second layer of certification from the Texas Secretary of State confirming that the notary is real. Which certification you get depends on where you are marrying.
If the destination country is a member of the Hague Apostille Convention (more than 125 countries), the Secretary of State issues an apostille, which is recognized internationally without further steps. If the country is not a Hague member, the Secretary of State issues a Certificate of Authentication instead, and you will likely need additional certification afterward from the U.S. Department of State or the foreign country’s embassy. The destination embassy can tell you which track applies.
Submitting to the Secretary of State
Send three things together to the Secretary of State’s Authentications Unit: your notarized affidavit, a completed Form 2102 (Request for Universal Apostille), and payment.3Office of the Texas Secretary of State. Form 2102 – Request for Universal Apostille On Form 2102 you provide your name, mailing address, phone, email, and the country where the document will be presented. Apostilles cannot be used inside the United States.
Include a prepaid, pre-addressed return envelope. The office will not accept shipping labels marked “Bill Sender” or labels with no billing method, so a prepaid tracking label from FedEx, UPS, or USPS is the safest choice if you want to monitor delivery.
Mail or deliver to:
Office of the Texas Secretary of State
Authentications Unit, Room 106
1019 Brazos
Austin, TX 787014Office of the Texas Secretary of State. How to Request a Universal Apostille
Cost and How Long It Takes
The fee is $15 per document for either an apostille or a Certificate of Authentication. You can pay by check, money order, cashier’s check, credit card, or debit card. Cash is accepted in person with exact change only. Card payments carry a 2.7% convenience fee, and personal checks mailed in must include the requestor’s complete address and signature.4Office of the Texas Secretary of State. How to Request a Universal Apostille
Processing times depend on how you submit:
- Mail-in: up to 25 business days from the date your package arrives, and the office warns that it can take longer when demand is high.4Office of the Texas Secretary of State. How to Request a Universal Apostille
- In person by appointment: same-day service on Tuesdays, Wednesdays, and Thursdays if you book ahead.5Office of the Texas Secretary of State. Apostille/Authentication of Documents
- Walk-in: Mondays and Fridays, processed the same day.
Twenty-five business days works out to roughly five calendar weeks, and the office cautions that delays beyond that happen. If the wedding is close, the trip to Austin is often worth it.
What Happens If You Lie
You are signing under oath. A false statement in the affidavit is perjury under Texas Penal Code Section 37.02, a Class A misdemeanor punishable by up to one year in jail and a fine of up to $4,000. A false affidavit can also invalidate the foreign marriage, create immigration problems, and generate legal trouble in both countries. If your marital history is complicated, state it accurately on the document.