Hi Sparrow7101,
thank you for your question:
In General the following legal frameworks cover marriage with involvement of Non-German citizens:
As it is in German I am trying to summarize it in English:
In Germany, any valid marriage must be performed at the registry office (Standesamt), regardless of whether there’ll be a religious wedding as well. Priests, ministers, rabbis, imams, or consular officers may not perform a legally binding marriage – only an official registrar can do so. If you intend to have a wedding e.g. at your church or synagogue, the civil ceremony at the registry office (Standesamt) must come first. When planning the wedding reception, allow several months to take care of all formalities.
What is needed:
- Both partners must be present at the Standesamt.
- Each has to provide a birth certificate.
- Both parties need a passport as well as proof of residence that has been valid for over three weeks.
- A requirement that seems rather peculiar to foreigners is the so-called Ehefähigkeitszeugnis. This certificate states that there are no legal hindrances to your marriage in Germany (e.g. ongoing divorce proceedings). Your embassy can help you obtain this document, but the diplomatic staff often cannot issue it.
- For civil unions, a Ledigkeitszeugnis replaces the Ehefähigkeitszeugnis. This document declares your marital status is single.
- The minimum age for marriage is eighteen. With parental consent, one party may be younger than eighteen, but not younger than sixteen years of age. You might have to consult a family court.
- If you were married before, you need proof that all previous marriages were dissolved, for example your late spouse’s death certificate. A divorce decree, however, might not be sufficient. You need further proof that the decree cannot be contested. This depends on the country where you got divorced.
- You also need two witnesses and – if necessary – an interpreter. Ask the Standesamt if they can provide the latter.
As you are American Citizen, here are some informations on your specific Visa Situation:
https://de.usembassy.gov/u-s-citizen-services/marriage/
In would suggest that your soon to be husband makes an consultation appointment at the Standesamt and gets all the Information directly from the Place where you are planning to get married in Germany.
Furthermore as for the right Visa- I found the following Information:
"Do you wish to get married or enter into a same-sex life partnership in Germany?
If so, the fiancé(e) living in Germany must first apply to a German registry office for a date on which to establish the marriage or life partnership.
The fiancé(e) living abroad will then apply to the German foreign mission (embassy or general consulate) for a national visa for the purpose of marriage.
The following items of evidence are especially important for the visa application:
- Written confirmation of the date for establishing the marriage or entering into the life partnership
- Simple German language skills
- Copy of the residence title and national passport of the foreign fiancé(e) living in Germany, or in the case of a German fiancé(e), a copy of their German passport or ID card
Depending on each individual case, further documents may be required.
The foreign mission will receive your visa application and forward it to the Foreigners’ Registration Office, which will issue a written invitation to the fiancé(e) living in Berlin.
At the appointment, the following documents, in particular, may be required:
- Certificate of unmarried status
- If there was a previous marriage, presentation of the divorce decree with a notice confirming that the judgement is now final and cannot be appealed
Depending on each individual case, further documents may be required.
After the examination procedure has been completed, the Foreigners’ Registration Office will issue its response to the foreign mission.
The foreign mission must then process the visa application further and decide whether or not to issue the visa."
( https://***.berlin.de/labo/willkommen-in-berlin/einreise/visumsverfahren/artikel.600163.en.php)
I would consult the German Embassy in the US and the authorities involved in Germany to avoid mistakes in the procedure.
I hopeI could help.
Best regards,
Nilab