NY Single Status Affidavit Apostille
Apostille for New York Single Status (Free to Marry) Affidavit. Required for marriage abroad in many countries. Complete 3-step guide: Notary → County Clerk → NY DOS apostille.
⚡ Do I Have the Right Document?
Pick what you have:
Good start (still needs County Clerk certification)
Not eligible; must be notarized first
Different state process; NY cannot apostille it
May be different than an affidavit; confirm exact wording required
📜 What "Single Status Affidavit" Means (And Why Countries Ask)
A Single Status Affidavit (also called Affidavit of Single Status / Free to Marry Affidavit) is a sworn statement that you are not currently married (or that you are legally free to marry).
Common uses:
- • Marriage abroad
- • Civil registry filings
- • Residency / family status procedures
Reality check: An apostille authenticates the notary/official signature, not the truth of your marital status. The receiving country decides whether an affidavit is acceptable and whether they need extra supporting documents (divorce decree, death certificate of former spouse, etc.).
🔗 The New York Apostille Chain
This is the whole game: NY DOS requires County Clerk certification before they will apostille notarized documents.
Affidavit + NY Notary
Sign before NY notary public
County Clerk Certification
County where notary is qualified certifies the signature
NY Department of State Apostille
Final apostille certificate attached
⚠️ If you skip the County Clerk step, you're very likely to get a return/rejection.
At a Glance
| Item | Details |
|---|---|
| Document Type | Affidavit of Single Status / Free to Marry (private document) |
| Required Notarization | ✅ New York notary acknowledgment |
| Required Pre-Certification | ✅ County Clerk certifies the notary's signature |
| Apostille Authority | New York Department of State (Division of Licensing Services) |
| NY DOS Fee | $10 per document |
| Must Specify Country | ✅ Yes |
| County Clerk Fee | Varies by county (NY County Clerk: $3) |
| Typical Use Cases | Marriage abroad, civil registry proof, consulate requirements |
Must Have
- ✓ Single Status Affidavit drafted
- ✓ NY notary public acknowledgment
- ✓ County Clerk certification (where notary qualified)
- ✓ NY DOS request form + destination country
- ✓ $10 NY DOS fee per document
- ✓ Return shipping plan
Common Failures
- ✗ Signed before notarization
- ✗ Missing County Clerk certification
- ✗ Incomplete notary acknowledgment block
- ✗ No destination country listed
- ✗ Scans/printouts for originals-only countries
Step-by-Step: NY Single Status Affidavit Apostille
Confirm Destination Requirements
Ask the receiving authority:
- • "Do you accept an Affidavit of Single Status apostilled from New York?"
- • "Do you require supporting documents (birth certificate, divorce decree, etc.)?"
NY DOS recommends checking with the foreign authority/consulate when in doubt.
Draft the Affidavit
Most acceptable affidavits include:
- • Full legal name (match passport)
- • Date/place of birth
- • Current address
- • Statement of current marital status
- • If divorced/widowed: date and place of divorce/death
- • Signature line + notary block
Notarize in New York
Sign the affidavit in front of a NY notary. NYC courts guidance is clear: the signer must be physically present and sign in the notary's presence.
County Clerk Authentication
Bring/mail the notarized affidavit to the County Clerk of the county where the notary is qualified so they can verify the notary's signature.
This is the step most people miss!
Submit to NY Department of State
Include:
- • Affidavit with County Clerk certification
- • Completed NY DOS request form
- • Destination country listed
- • $10 fee per document
- • Return envelope or prepaid courier label
📬 NY DOS Addresses
USPS Mail:
NY Department of State
Division of Licensing
Services
Apostille and Authentication Unit
PO Box 22001
Albany, NY 12201-2001
Courier (FedEx/UPS/DHL):
Division of Licensing Services
1 Commerce Plaza
99
Washington Avenue, 6th Floor
Albany, NY 12231
Return Shipping
NY DOS returns by first class mail by default; you can include a prepaid express label, but NY DOS does not accept labels that "bill sender".
Translation (If Required)
If the receiving authority needs translation, plan for a certified translation of:
- • The affidavit
- • Often the apostille page too
Fees & Timing
| Stage | Typical Fee | Notes |
|---|---|---|
| Notary | Varies | Private service |
| County Clerk authentication | $3 (NY County) | Varies by county |
| NY DOS apostille | $10 | Per document |
| Processing time | Varies | Notary + County Clerk + DOS + shipping |
🌍 Hague vs Non-Hague: Apostille vs Certificate of Authentication
NY DOS issues:
Apostille
For Hague Convention destinations
Certificate of Authentication
For non-Hague destinations (often followed by consular legalization)
If unsure, check the Hague member list.
⚠️ Rejection Library (NY Single Status Affidavit)
These patterns tank success rates:
• Notary block incomplete/incorrect → County Clerk refuses authentication
• Notary qualified in different county than used for County Clerk step → mismatch
• Missing destination country on NY DOS request → returned for correction
• Using "certificate" when destination requires affidavit (or vice versa) → foreign authority rejects
Frequently Asked Questions
Expert Insight
Amelia Rivera, Lead Apostille Specialist
10+ years helping couples with marriage-abroad documentation
"Single Status Affidavits for marriage abroad are probably where we see the most confusion about County Clerk certification. People Google 'NY apostille' and find the NY DOS website, then send in a notarized affidavit directly—without realizing NY requires County Clerk authentication first. The document gets returned, and now they're scrambling because their wedding date is two weeks away."
"My advice: if you're planning to marry abroad, start the apostille process at least 4–6 weeks before your wedding. That gives you time for the County Clerk step, mailing to Albany, processing, and return shipping. Also, double-check with your destination country's civil registry or consulate about exactly what documentary proof they accept—some want an affidavit, others want official government-issued certificates, and some want both plus your birth certificate and divorce decree. Getting clarity up front saves panic later."