As a foreigner marrying a South African citizen, there are a lot of hoops you have to jump through, but not a lot of information available on the process. Since the new immigration rules of 2013, there has been a lot of confusion regarding foreign marriages. To help anyone out there who is suffering through the bureaucratic hell of Home Affairs, I've outlined detailed step-by-step instructions. I sure know I could have used them when I was going through the same ordeal.
Preface: This whole thing will take no more than 4 - 6 weeks, if you do it right. Expect to pay around $200-300.
This post is aimed at people from the US wishing to get married in Cape Town. Though the overall steps are the same, experiences (mostly waiting times) may vary for people of other nationalities, and those getting married in other cities.
Not included in these instructions are attaining copies of death decrees and/or divorce documents. If you or your fiance have been previously married, these will be required, as well.
Step 1. Make an appointment with a US Consulate in the nearest city to get a 'Letter of No Impediment'. This document simply affirms that you are single, and therefore have legal grounds to get married. You will 100% get it. The only factor is time. They schedule these appointments for very specific time slots, and sometimes the line is long, so there can be up to a 2 - 3 week waiting period. However, sometimes it can just be a matter of days.
This is how you do it:
- Go to this link: http://evisaforms.state.gov/Instructions/ACSSchedulingSystem.asp
- Select 'South Africa' and the city you reside in.
- Click on 'Make an Appointment'.
- Choose 'Request notarial and other services not listed above' and tick the box saying that you understand the instructions.
- Check the calendar. The yellow boxes are the days which are available.
- Click on whichever one is best for you, and available time slots will be listed.
- If you are unhappy with that time, press 'Back' on the bottom of the page, and choose another day.
- Once you have found a satisfactory appointment time, fill out the information box and click 'Continue'.
- You should print out your appointment schedule, but keep in mind that it is not necessary. I lost my print-out, and was told I didn't need it when I called the Consulate.
- Before attending your appointment, you need to print out a statement affirming that you are, indeed, not married. You are basically writing your own Letter of No Impediment, and they are just stamping it. Make sure it is printed and not hand-written. There are templates they can send you if you ask. Mine looked like this:
"I First and Last Name, do affirm that:
I was born on Month Day, Year at City, State, Country.
I reside at Official Address in Country of Origin.
I have never been married."
Then sign at the bottom.
If you have been married, and are a divorcee or widow/er, just say that instead. I would suggest requesting an official template so that you don't make any mistakes, though.
- Go to the appointment with your passport and $50, in either USD or ZAR. Make SURE you are on time.
- It will be done very quickly. It took me about 30 minutes all together.
While you are waiting for your appointment, there are several things you need to do.
Step 2. Get a prenup. Under South African law, once you are married, the two of you are essentially one person. You are automatically assumed to be 'In Community of Property'. You may need to get official permission from your spouse if you want to purchase anything. All your debts, liabilities, and assets will be shared. Your income will no longer be your own. I would urge anyone getting married to sign a prenup. In South Africa, it is a very straight-forward affair. It will cost less than $100 and take about one week to complete.
There are two types of prenup agreements. Once you have decided to be 'Out of Community of Property', you must decide whether this will be with accrual, or without accrual. The simplest version is without accrual, which essentially means that what's yours is yours, and vice versa -- no exceptions. An agreement with accrual, however, is a bit more complicated. You will not take on each other's debts and liabilities, but you would take on the growth of each other's assets upon divorce. You have to list any assets whose growth you specifically do not want to be shared. In case of divorce, the assets not listed would be split 50/50.
This is how you do it:
- Find a lawyer. There are those that will meet with you in person and talk things through, which are more expensive (around $250). Then there are those that will file the paperwork for you, but only answer questions over email/the phone. They cost less than $100. Honestly, the process is so laughably easy that the latter option is fine.
- I would highly recommend the lawyer I used, who was very helpful and quick. Her name is Monica Korf, and she is based in Cape Town. I will include her contact information here. Phone: 021 982 1421 or 072 849 6823. Email: [email protected]. Address: 6 Fontein Avenue, Brackenfell, 7560
- They will send you a form to fill out so you can explain what kind of prenup you want.
- Send them the instructions with proof of R1,000 payment, copies of your IDs, and proof of address. Ask them to send you a document to grant them power of attorney, as well.
- After receiving your instructions, they will send you an official prenup and a document giving them power of attorney. This should take about a day.
- Sign the documents in the presence of two witnesses, who also need to sign in their respective sections. Use black ink, and everyone should add their initials on each page
- Send them a scanned copy via email, and send them a physical copy through a courier service (this will be around R100). If you want to avoid the charge, you can just drive over and hand it to them instead.
- The lawyers will send you a scanned Certificate of Confirmation over email, which you must present to your marriage officer. This document states that you have a prenup, and specifies which type of agreement you have made. Without this, the prenup will have no effect. You should get it in a day or two after sending in the signed agreement.
- Meanwhile, the lawyers will register your prenup in the Deeds Office.
- Important detail: your prenup must officially be registered at MOST 3 months after your date of marriage. It regularly only takes 2-3 weeks, so there is no reason to worry. But you should still keep track of it, since the prenup will not be valid after that 3 month mark.
Step 3. Find 2 witnesses for the marriage ceremony. They can be anyone over 18, but preferably South African citizens to make things easier (this is only an assumption on my part). They should have valid IDs. If your witnesses are foreigners, talk to your marriage officer (step 5) to see if there are any technicalities involved. Either way, I doubt any problems will come up.
Step 4. Get 3 color passport-sized photographs of you and your fiance. This will be needed for the marriage itself.
Step 5. Get a marriage officer. You can technically get married for free at a Home Affairs office, but they know nothing about foreign marriages and will not help you in the least. There are also waiting lists, so you would have to make an appointment 2 or 3 months ahead of time. Alternatively, you can get a marriage officer for under $100, who will pretty much marry you anytime, anywhere.
My marriage officer was absolutely AMAZING, so I will plug him in here. His name is Andred Hayward, and he is based in Cape Town. I will also include his contact information. Phone: 084 400 7884 or 021 559 6987 or 021 559 5404. Email: [email protected]. Address: 81 Plattekloof Road, Monte Vista. He specializes in foreign marriages and is very well-versed in the process. He calmed me down multiple times when I was freaking out. Everything got so much easier once he was in the picture.
- Get a quote for how much the marriage ceremony will be. Additional costs may be incurred for travel expenses and handling of unabridged certificates.
- Ask your marriage officer to provide you with a Letter of Referral for the Immigration Office at Home Affairs. This will be required for step 7.
Step 6. Get 3 certified copies of your latest entry stamp into South Africa and any residence permit, in addition to your, your fiance's, and your witnesses' IDs at a police station. Once you get your Letter of No Impediment, get certified copies of that, as well. This is a same-day deal. Just bring the original documents with you, along with a few copies, and a police officer will certify them for you. This will be required for future steps.
At this point, you will need to have a certified copy of the Letter of No Impediment, the Letter of Referral, and certified copies of your IDs.
Step 7. Get an interview with an Immigration Officer at Home Affairs. Officially, this is called an 'Interview to Ascertain the Existence of a Good Spousal Relationship'. The purpose of the marriage interview is to determine that your engagement is, indeed, authentic and not for something fraudulent like attaining visa eligibility.
In Cape Town, you have to go into the City Center and go to the 5th floor. Have a certified copy of the Letter of No Impediment, the Letter of Referral, a certified copy of your visa, and certified copies of your IDs with you. The earlier you get there, the better.
Be warned: Home Affairs is incredibly inefficient. Be prepared for a lot of frustration and stress. Just remember that you will be okay. I did it, and so can you.
- Tell the help desk that you are looking to schedule a marriage interview. Provide them with the relevant documents, and make sure they will hand it over to the person in charge of verifying them. Make sure they take down your number. And remember to be polite, as they are more likely to help you that way.
- They will email the US Embassy to verify that your documents are all correct. If you are from the US, it should take no more than a couple of days.
- Home Affairs will call you at the number you provided with an interview appointment. The appointment should usually be for about one or two weeks after submitting the documents.
- If Home Affairs has not called you in five days, it may be necessary to harass them a bit. Show up to the Immigration Office and ask them how the process is coming along.
- The interview itself will be stressful, but it is their job to make you nervous. As long as your relationship is authentic, you will be fine. An Immigration Officer will interview each of you separately for about 15 minutes each. Bring your IDs and your other documents, just in case.
Some examples of questions asked: Where did you meet your fiance? What did you do for New Years? Where did your fiance get the car? Which side of the bed do you sleep on? Do you have pictures of the two of you together? Why are you not having a big ceremony?
If you don't know the answer to something, just say so. It's okay to not know everything. Honesty is the only rule here. There has been no one that has been denied permission to marry. This process is only in place to discourage fraudulent marriages.
- After the interview, get the name and contact information of the person who interviewed you. Ask when the Immigration Report will be provided. Sometimes they will give it to you right there, and other times you may need to wait for up to a week. Harassment may be necessary, but you can leave that in the hands of your marriage officer.
- Once your Immigration Report is ready for collection, make sure that the names and ID numbers on it are correct. After this, you are ready to go!
Step 8. While you are waiting for your interview, print out the BI31 Form. This is something your marriage officer will need to fill out during the ceremony. It simply affirms that both parties understand the legal contract they are signing.
A link to the form: http://www.southafrica-newyork.net/consulate/forms/bi-31.pdf
Step 9. Get married! Set up a date and time with your marriage officer.
You will need:
- 2 witnesses
- Copies of your IDs and your witnesses' IDs (if possible, scan them over to your marriage officer ahead of time)
- 3 color passport-sized photographs of you and your fiance
- Copies of any applicable divorce decrees and death certificates
- The original Letter of No Impediment
- BI31 Form
- Immigration Report (from the marriage interview)
- Prenup Certificate of Confirmation (to be given before the ceremony)
You will be expected to recite some vows to make the marriage legally binding. If you plan on keeping your last name, make sure to tell your marriage officer before the ceremony. Also, discuss the unabridged marriage certificate sometime afterwards (it takes about 2 months to process). For an additional charge of $50 or less, he will probably be able to take care of that for you
Step 10. Celebrate! You're done! Drink all the champagne. You deserve it.
If this post has been helpful, please comment and let me know!
Preface: This whole thing will take no more than 4 - 6 weeks, if you do it right. Expect to pay around $200-300.
This post is aimed at people from the US wishing to get married in Cape Town. Though the overall steps are the same, experiences (mostly waiting times) may vary for people of other nationalities, and those getting married in other cities.
Not included in these instructions are attaining copies of death decrees and/or divorce documents. If you or your fiance have been previously married, these will be required, as well.
Step 1. Make an appointment with a US Consulate in the nearest city to get a 'Letter of No Impediment'. This document simply affirms that you are single, and therefore have legal grounds to get married. You will 100% get it. The only factor is time. They schedule these appointments for very specific time slots, and sometimes the line is long, so there can be up to a 2 - 3 week waiting period. However, sometimes it can just be a matter of days.
This is how you do it:
- Go to this link: http://evisaforms.state.gov/Instructions/ACSSchedulingSystem.asp
- Select 'South Africa' and the city you reside in.
- Click on 'Make an Appointment'.
- Choose 'Request notarial and other services not listed above' and tick the box saying that you understand the instructions.
- Check the calendar. The yellow boxes are the days which are available.
- Click on whichever one is best for you, and available time slots will be listed.
- If you are unhappy with that time, press 'Back' on the bottom of the page, and choose another day.
- Once you have found a satisfactory appointment time, fill out the information box and click 'Continue'.
- You should print out your appointment schedule, but keep in mind that it is not necessary. I lost my print-out, and was told I didn't need it when I called the Consulate.
- Before attending your appointment, you need to print out a statement affirming that you are, indeed, not married. You are basically writing your own Letter of No Impediment, and they are just stamping it. Make sure it is printed and not hand-written. There are templates they can send you if you ask. Mine looked like this:
"I First and Last Name, do affirm that:
I was born on Month Day, Year at City, State, Country.
I reside at Official Address in Country of Origin.
I have never been married."
Then sign at the bottom.
If you have been married, and are a divorcee or widow/er, just say that instead. I would suggest requesting an official template so that you don't make any mistakes, though.
- Go to the appointment with your passport and $50, in either USD or ZAR. Make SURE you are on time.
- It will be done very quickly. It took me about 30 minutes all together.
While you are waiting for your appointment, there are several things you need to do.
Step 2. Get a prenup. Under South African law, once you are married, the two of you are essentially one person. You are automatically assumed to be 'In Community of Property'. You may need to get official permission from your spouse if you want to purchase anything. All your debts, liabilities, and assets will be shared. Your income will no longer be your own. I would urge anyone getting married to sign a prenup. In South Africa, it is a very straight-forward affair. It will cost less than $100 and take about one week to complete.
There are two types of prenup agreements. Once you have decided to be 'Out of Community of Property', you must decide whether this will be with accrual, or without accrual. The simplest version is without accrual, which essentially means that what's yours is yours, and vice versa -- no exceptions. An agreement with accrual, however, is a bit more complicated. You will not take on each other's debts and liabilities, but you would take on the growth of each other's assets upon divorce. You have to list any assets whose growth you specifically do not want to be shared. In case of divorce, the assets not listed would be split 50/50.
This is how you do it:
- Find a lawyer. There are those that will meet with you in person and talk things through, which are more expensive (around $250). Then there are those that will file the paperwork for you, but only answer questions over email/the phone. They cost less than $100. Honestly, the process is so laughably easy that the latter option is fine.
- I would highly recommend the lawyer I used, who was very helpful and quick. Her name is Monica Korf, and she is based in Cape Town. I will include her contact information here. Phone: 021 982 1421 or 072 849 6823. Email: [email protected]. Address: 6 Fontein Avenue, Brackenfell, 7560
- They will send you a form to fill out so you can explain what kind of prenup you want.
- Send them the instructions with proof of R1,000 payment, copies of your IDs, and proof of address. Ask them to send you a document to grant them power of attorney, as well.
- After receiving your instructions, they will send you an official prenup and a document giving them power of attorney. This should take about a day.
- Sign the documents in the presence of two witnesses, who also need to sign in their respective sections. Use black ink, and everyone should add their initials on each page
- Send them a scanned copy via email, and send them a physical copy through a courier service (this will be around R100). If you want to avoid the charge, you can just drive over and hand it to them instead.
- The lawyers will send you a scanned Certificate of Confirmation over email, which you must present to your marriage officer. This document states that you have a prenup, and specifies which type of agreement you have made. Without this, the prenup will have no effect. You should get it in a day or two after sending in the signed agreement.
- Meanwhile, the lawyers will register your prenup in the Deeds Office.
- Important detail: your prenup must officially be registered at MOST 3 months after your date of marriage. It regularly only takes 2-3 weeks, so there is no reason to worry. But you should still keep track of it, since the prenup will not be valid after that 3 month mark.
Step 3. Find 2 witnesses for the marriage ceremony. They can be anyone over 18, but preferably South African citizens to make things easier (this is only an assumption on my part). They should have valid IDs. If your witnesses are foreigners, talk to your marriage officer (step 5) to see if there are any technicalities involved. Either way, I doubt any problems will come up.
Step 4. Get 3 color passport-sized photographs of you and your fiance. This will be needed for the marriage itself.
Step 5. Get a marriage officer. You can technically get married for free at a Home Affairs office, but they know nothing about foreign marriages and will not help you in the least. There are also waiting lists, so you would have to make an appointment 2 or 3 months ahead of time. Alternatively, you can get a marriage officer for under $100, who will pretty much marry you anytime, anywhere.
My marriage officer was absolutely AMAZING, so I will plug him in here. His name is Andred Hayward, and he is based in Cape Town. I will also include his contact information. Phone: 084 400 7884 or 021 559 6987 or 021 559 5404. Email: [email protected]. Address: 81 Plattekloof Road, Monte Vista. He specializes in foreign marriages and is very well-versed in the process. He calmed me down multiple times when I was freaking out. Everything got so much easier once he was in the picture.
- Get a quote for how much the marriage ceremony will be. Additional costs may be incurred for travel expenses and handling of unabridged certificates.
- Ask your marriage officer to provide you with a Letter of Referral for the Immigration Office at Home Affairs. This will be required for step 7.
Step 6. Get 3 certified copies of your latest entry stamp into South Africa and any residence permit, in addition to your, your fiance's, and your witnesses' IDs at a police station. Once you get your Letter of No Impediment, get certified copies of that, as well. This is a same-day deal. Just bring the original documents with you, along with a few copies, and a police officer will certify them for you. This will be required for future steps.
At this point, you will need to have a certified copy of the Letter of No Impediment, the Letter of Referral, and certified copies of your IDs.
Step 7. Get an interview with an Immigration Officer at Home Affairs. Officially, this is called an 'Interview to Ascertain the Existence of a Good Spousal Relationship'. The purpose of the marriage interview is to determine that your engagement is, indeed, authentic and not for something fraudulent like attaining visa eligibility.
In Cape Town, you have to go into the City Center and go to the 5th floor. Have a certified copy of the Letter of No Impediment, the Letter of Referral, a certified copy of your visa, and certified copies of your IDs with you. The earlier you get there, the better.
Be warned: Home Affairs is incredibly inefficient. Be prepared for a lot of frustration and stress. Just remember that you will be okay. I did it, and so can you.
- Tell the help desk that you are looking to schedule a marriage interview. Provide them with the relevant documents, and make sure they will hand it over to the person in charge of verifying them. Make sure they take down your number. And remember to be polite, as they are more likely to help you that way.
- They will email the US Embassy to verify that your documents are all correct. If you are from the US, it should take no more than a couple of days.
- Home Affairs will call you at the number you provided with an interview appointment. The appointment should usually be for about one or two weeks after submitting the documents.
- If Home Affairs has not called you in five days, it may be necessary to harass them a bit. Show up to the Immigration Office and ask them how the process is coming along.
- The interview itself will be stressful, but it is their job to make you nervous. As long as your relationship is authentic, you will be fine. An Immigration Officer will interview each of you separately for about 15 minutes each. Bring your IDs and your other documents, just in case.
Some examples of questions asked: Where did you meet your fiance? What did you do for New Years? Where did your fiance get the car? Which side of the bed do you sleep on? Do you have pictures of the two of you together? Why are you not having a big ceremony?
If you don't know the answer to something, just say so. It's okay to not know everything. Honesty is the only rule here. There has been no one that has been denied permission to marry. This process is only in place to discourage fraudulent marriages.
- After the interview, get the name and contact information of the person who interviewed you. Ask when the Immigration Report will be provided. Sometimes they will give it to you right there, and other times you may need to wait for up to a week. Harassment may be necessary, but you can leave that in the hands of your marriage officer.
- Once your Immigration Report is ready for collection, make sure that the names and ID numbers on it are correct. After this, you are ready to go!
Step 8. While you are waiting for your interview, print out the BI31 Form. This is something your marriage officer will need to fill out during the ceremony. It simply affirms that both parties understand the legal contract they are signing.
A link to the form: http://www.southafrica-newyork.net/consulate/forms/bi-31.pdf
Step 9. Get married! Set up a date and time with your marriage officer.
You will need:
- 2 witnesses
- Copies of your IDs and your witnesses' IDs (if possible, scan them over to your marriage officer ahead of time)
- 3 color passport-sized photographs of you and your fiance
- Copies of any applicable divorce decrees and death certificates
- The original Letter of No Impediment
- BI31 Form
- Immigration Report (from the marriage interview)
- Prenup Certificate of Confirmation (to be given before the ceremony)
You will be expected to recite some vows to make the marriage legally binding. If you plan on keeping your last name, make sure to tell your marriage officer before the ceremony. Also, discuss the unabridged marriage certificate sometime afterwards (it takes about 2 months to process). For an additional charge of $50 or less, he will probably be able to take care of that for you
Step 10. Celebrate! You're done! Drink all the champagne. You deserve it.
If this post has been helpful, please comment and let me know!