Other Helpful Information
Marriage in Tajikistan
Getting Married and Filing I-130 Petition for Spouse
The following is an introductory guide for U.S. citizens who wish to marry Tajikistani citizens. It describes the marriage process in Tajikistan and the required documentation. Procedures may change without notice. Please contact the Consular Section of the U.S. Embassy for more information.
If you wish to marry a citizen of Tajikistan, you may choose between marrying him/her in the United States or in Tajikistan. If you choose to get married in the United States, you must complete paperwork for your fiancée to enter the United States on a K-1 visa. Click here on how to obtain a K-1 visa for your fiancée.
American diplomatic and consular officers are NOT permitted to perform marriages (Title 22, Code of Federal Regulations 52.1). Marriages abroad are almost always performed by local (foreign) civil or religious officials. The validity of marriages abroad is not dependent upon the presence of an American diplomatic or consular officer, but upon adherence to the laws of the country where the marriage is performed. Marriages, which are legally performed and valid in Tajikistan, are also legally valid in the United States. Marriages in Tajikistan are performed by the Tajik State Office for Registration of Civil Status (ZAGS) of an individual’s district of residence.
Individuals marrying in Tajikistan should meet the requirements of the Family Code of Tajikistan. Both parties must be at least 17 years-old (under exceptional circumstances the marriage age can be reduced by Tajik court for up to one year after the applicant has turned 16) and be willing and free to marry (i.e., not married to anybody else).
The wedding date is normally set one month after the application is filed in person at a ZAGS Office. Under extreme circumstances, ZAGS may grant exceptions.
In order to get married, both parties must apply in person to a Tajik state office for registration of civil status (ZAGS). For marriage between a U.S. citizen and a national of Tajikistan, ZAGS requires:
• valid passports (with photocopies);
• copy of the U.S. citizen’s valid Tajik visa and visa registration;
• divorce decrees/death certificates from previous marriages;
• affidavit certified by the U.S. Embassy Consular Officer stating that a U.S. citizen is free to marry (the affidavit must be authenticated by the Consular Department of the Ministry of Foreign Affairs of Tajikistan);
• certified translation of all documents in English (passports and affidavits) into Tajik or Russian;
• applications for marriage (blank forms can be picked up at a ZAGS office).
Phone numbers of ZAGS Offices in Dushanbe:
Wedding House (Dom brakosochetaniya),October district: 224-12-81, 224-12-79
ZAGS – Zheleznodorozhny (Railway) district, 1 Ostrovskogo St.: 221-89-74
ZAGS – Tsentral’niy (Central) District: 234-39-26
ZAGS Administration, 1 N. Karabaeva St.: 233-94-76, 233-95-31
The affidavit of eligibility to marry can be acquired at the U.S. Embassy Consular Section; the fee for the American Consular Officer’s certification is U.S.$30. The affidavit obtained from the U.S. Embassy must be authenticated by the Consular Department of the Ministry of Foreign Affairs of the Republic of Tajikistan, phone number 221-60-34 (ask for Chief or employee of Authentication/Legalization section). The authentication fee is U.S.$20 (subject to change; please check with the MFA directly). Requests for authentication are submitted to the General Department of the Ministry of Foreign Affairs, Room 11 and then transferred to the Authentication section of the Consular Department. The following documents need to be submitted with the request for authentication:
• written request for authentication of the document;
• copies of passports of both parties;
• affidavit notarized by the U.S. Embassy in Dushanbe;
• copy of the U.S. citizen’s Tajik visa and registration of the Tajik visa at the Ministry of Foreign Affairs or Department of Visas and Registration (OVIR);
• copies of divorce decrees/death certificates from previous marriages (if applicable);
• certified translation of the documents in English into Russian or Tajik (including the translation of the U.S. citizen’s passport data page).
Certified translations can be prepared by “Intourist” or “Business Center” companies at “Tajikistan” hotel, 22 Shotemur St., Dushanbe, tel. 221-62-62 or 221-82-28.
On the wedding day, the parties must appear at ZAGS with two witnesses to sign the marriage register. After the ceremony, the newlyweds are presented with their marriage certificate.
LIST OF OFFICES AND PHONE NUMBERS:
U.S. Embassy Dushanbe – Consular Section
109A Ismoili Somoni Ave.
Dushanbe, Tajikistan, 7340019
Tel.: (992-37) 229-23-00
Fax: (992-37) 229-23-09
E-mail: DushanbeConsular@state.gov
website: http://dushanbe.usembassy.gov
U.S. Embassy branch in Almaty – Consular Section
97 Zholdasbekova St., Samal-2
Tel.: (1073272) 50-49-00
Fax: (1073272) 50-48-84
E-mail: USAKZ@state.gov
Website: http://www.usembassy.kz
Open for Immigrant Visa Information
Monday – Friday (2-5 p.m.),
Tuesday and Thursday (9 a.m.-12 p.m.)
Ministry of Foreign Affairs of the Republic of Tajikistan
42 Rudaki Ave.
Dushanbe, Tajikistan
Consular department (passport section), tel: 221-60-34
Consular department (visa section), tel: 221-61-03
Authentication (legalization) section, tel: 221-60-34;
General Department, Room 11, tel: 221-05-51
Department of Visas and Registration (OVIR)
36/3 Negmat Karabaev St.,
Dushanbe, Tajikistan
tel. 233-76-40, 233-76-41, 233-76-43, 233-76-87, 233-76-88, 233-76-61, 233-76-57, 233-75-27.
I-130 FORM, PETITION FOR ALIEN RELATIVE AND PROCESSING YOUR NEW SPOUSE’S IMMIGRANT VISA
After the valid marriage has been registered by ZAGS and the Tajik marriage certificate has been issued, you may file I-130 Petition for your spouse.
As of January 22, 2007, consular offices abroad were instructed to cease accepting certain immigrant visa petitions because consular officers lacked the means to perform the required criminal background checks on American citizen petitioners, as required by the Adam Walsh Act.
Subsequently, the Department of State and the U.S. Citizenship and Immigration Service (USCIS) worked to develop a mechanism whereby USCIS will perform these required “Adam Walsh Act” checks for any petitions accepted abroad by consular officers.
Effective immediately, consular posts abroad will accept petitions for immediate relative immigrant classification from American citizens who are resident in their consular districts, including members of the armed forces, as well as true emergency cases, such as life and death or health and safety, and others determined to be in the national interest.
Examples of family emergency include minor children who would be unexpectedly left without a caretaker. Examples of national interest include facilitating the travel of United States military and other USG direct hire employees assigned overseas who are pending transfer on orders and need to petition for immigrant classification of their spouse and minor children at posts overseas.
To demonstrate residency in a consular district, American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status, such as student or tourist, would not be considered to meet the residency standard.
All lawful permanent residents, and American Citizens resident in the United States or with a permanent address in the United States, must file I-130 petitions at the USCIS Service Center having jurisdiction over their place of residence (as indicated on the USCIS website: http://www.uscis.gov/files/form/i-130.pdf
When filing the I-130 Petition, the petitioner resident in Tajikistan and the beneficiary should come to the U.S. Embassy in Dushanbe with the following documents:
- Completed and signed I-130 Petition;
- G-325a Biographic Information Forms (one for the U.S. citizen petitioner and one for the spouse);
- U.S. passport, birth certificate, or naturalization certificate of the U.S. citizen;
- original birth certificate of the Tajik citizen spouse;
- passports for all persons applying for a visa (or on same passport);
- original marriage certificate;
- if applicable, original divorce decree or death certificate from previous marriages;
- two photos of the petitioner and two photos of the beneficiary (color photos with a white background taken within 30 days of application date, a “full-face” photo in which the applicant is facing the camera directly; the photo should be square 2x2 inches or 5x5 cm with the head centered; the head from the top of the hair to the bottom of the chin should measure between 1 inch to 1 3/8 inches or 25 mm to 35 mm with the eye level between 1 1/8 inch to 1 3/8 inches or 28 mm to 35 mm from the bottom of the photo);
- certified translation of all non-English documents into English;
- receipt for payment of fee ($355 to be paid to the U.S. Embassy cashier). Also, you may be asked to submit proof of your relationship with the beneficiary. Therefore, it is useful to bring with you letters, photographs, or other evidence of the relationship.
U.S. IMMIGRANT VISA
Once the I-130 Petition has been approved, the American citizen’s spouse must obtain an immigrant visa prior to entry to the United States. After the U.S. Embassy in Almaty has received notification of approval of I-130 Petition, it will schedule the American citizen’s spouse’s immigrant visa interview in Almaty. For immediate relative immigrant visa processing at the U.S. Embassy branch in Almaty please check
http://usembassy.kz/consular/immediate_relative.shtml#apply)
• Please note that before the issuance of an immigrant visa, every applicant must contact a clinic designated by the Consular Section to schedule as appointment as early as possible or at least one week prior to the interview date.
• It is not necessary for U.S. Citizen spouses to be present at the immigrant visa interviews of their spouses but if they wish to be present, they are welcome.
• Please note that citizens of the Republic of Tajikistan going abroad for permanent residence are required to obtain “Permission for Permanent Residence Abroad” stamp from the Department of Visas and Registration (OVIR). All questions regarding the procedure for obtaining this permission should be addressed to OVIR. The U.S. Embassy cannot answer questions about the permission because it is a requirement of the Republic of Tajikistan, not the United States.
Upon receiving the immigrant visa, the U.S. citizen’s spouse (and/or children) must enter the U.S. on this visa before it expires, normally within six months. When holders of immigrant visas arrive at the Port of Entry in the United States, they will be formally admitted to the United States as legal immigrants and will apply for their alien registration receipt cards (“green cards”). A “green card” is valid for reentry to the U.S. if its holder does not intend to leave the U.S. permanently and is returning to the United States within one year from his/her departure from the United States. An American citizen’s alien spouse may be granted conditional resident status by USCIS if the couple has been married less than two years at the time of the U.S. citizen’s admission to the United States. Both the U.S. citizen and his/her conditional resident spouse are required to file a Joint Petition to Remove Conditional Basis of Alien’s Resident Status, during the ninety day period immediately before the second anniversary of the date the alien spouse was granted conditional permanent residence. USCIS will provide further instructions as to applying for a Green Card and then U.S. Citizenship.
IMMIGRANT VISA PROCESSING FEES
(for each applicant):
I-130 PETITION APPLICATION - $355
IMMIGRANT VISA APPLICATION - $400 (including the new $45 surcharge effective January 1, 2008)
MEDICAL EXAM - $150-$300 depending on the clinic and whether additional tests and vaccinations are needed.
Additional information about the medical exam and immigrant visa interviews at the U.S. Embassy branch in Almaty is available at the Website of the U.S. Embassy in Almaty: http://www.usembassy.kz
For more general information on this subject abd FAQs, please consult the U.S. Citizenship and Immigration Services website www.uscis.gov.