Legal Question in Social Security Law in California

Proof of Marriage

My wife and I are U.S. Citizens. We were married in Australia. We completed their Notice of Intended Marriage form and had it notarized in the city where we live. We faxed the form to the Civil Celebrant which performed the marriage. We did not fill out any U.S. forms. If I were to die, how would my wife prove that we were married in order to claim my social security benefits? There is no record of our marriage in the city in which we live. If the Australian civil celebrant did not contact any U.S. agency, how can I get a record of my marriage? Is getting the marriage certificate from Australia enough proof?


Asked on 2/13/08, 4:14 pm

1 Answer from Attorneys

MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: Proof of Marriage

Hello!

The Federal government will recognize a valid marriage from any other governmental unit, State or locality. Get a "certified copy" of the official marriage certificate from Australia. Send a copy of that to Social Security in Maryland with your statement under oath that the copy is genuine. both spouses sign and that will suffice!.

Keep copies with your will and or trust so that in the event of a passing, those records are immediately available.l Send the papers to SOc Sec via regular mail AND certified mail.

You could also go into any local Soc Sec office and do it by hand!

I hope this has been helpful

Regards,

Mark Geyer

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Answered on 2/13/08, 5:02 pm


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