Marrying a Noncitizen in New York City

The City Clerk issues the license, and what it asks for is identification, not citizenship. NYC 311 lists these accepted documents, checked September 28, 2026:

• A driver's license or non-driver ID card from a US state or territory
• A New York State learner's permit
• IDNYC
• US military ID
• A valid passport from any country
• A US Certificate of Naturalization issued within the past 10 years
• A US Alien Registration Card with an expiration date
• An employment authorization card issued by US immigration authorities

Every document has to be valid on the day; an expired passport or card is refused, so check the expiration date on yours before you book anything.

For most couples in this situation, the foreign passport is the document that does the work. The published checklist does not ask whether either of you is a citizen, a permanent resident, a visa holder or a New York resident, which also means two people who live elsewhere can apply. That answer covers the license only. It says nothing either way about a visa or a future immigration filing, which are federal questions handled later in this page.

The process starts online. You fill in the City Clerk's marriage license application, save the confirmation number it gives you, and book an appointment, either at a City Clerk office or virtually. At the appointment, you both show valid ID and pay the $35 fee by accepted card or money order.

Each of you also lists every prior marriage. If either of you was married before, bring the final divorce, annulment or dissolution record, or the death record, when one applies. A divorce that is still in progress does not count; the record has to show it is final. If that record comes from another country and you have questions about whether it will be accepted, raise them with the Clerk's office or a New York lawyer before the appointment rather than on the day.

A sturdy document folder with labeled sections and a secure closure is worth having here, with room for both passports, the confirmation, any divorce records and copies of each. For the full step-by-step on the application and appointment, see the NYC marriage license guide. If your partner is flying in for the wedding, getting married in NYC as a visitor covers the travel side and timing.

Once the license is issued, New York generally requires you to wait 24 hours before the ceremony. A judge can waive that wait, but plan around it rather than counting on a waiver, especially if a visa date is close.

You need an authorized officiant and one witness. The City Clerk can perform a civil ceremony, or you can use another officiant authorized to marry couples in New York. After the ceremony, the two of you, the officiant and the witness sign the license, and the officiant returns it to the City Clerk within five business days. That return is what lets the Clerk record the marriage, so it matters for everything that follows.

The license is valid for 60 days, and the ceremony has to happen inside that window. Check the expiration date printed on your license when you receive it, and count backward from any visa deadline so the license, the 24-hour wait and the ceremony all fit.

The K-1 visa exists for exactly this wedding. The State Department describes it as the visa for the foreign-citizen fiancé or fiancée of a US citizen, letting them travel to the United States and marry the US citizen sponsor within 90 days of arrival. After the wedding, the spouse applies to USCIS to adjust status.

Two details shape your date. First, the marriage has to be to the same US citizen who filed the petition; USCIS conditions K-1 admission on marrying that same petitioner. Second, the 90 days run from arrival, not from when you start planning. Count them on a calendar, then work back through the appointment, the 24-hour wait and the ceremony so the wedding lands well inside the period. Both of you also have to be legally free to marry.

If there is any chance the wedding will fall after the 90th day, speak to an immigration attorney or DOJ-accredited representative promptly, before the date passes if you can. There's no standard workaround to rely on, and a late marriage can leave the K-1 holder out of status, so this is a question for someone who can look at your case.

A visitor visa is for a temporary purpose, and the State Department says visitors may need to show ties that demonstrate intent to return home. The same page says that if plans change while someone is in the United States, including marriage to a US citizen, the person may be able to request a change of status through USCIS. What it does not say matters just as much: the wedding does not change status automatically, and the authorized stay still applies. Staying past the date you were allowed to remain puts a person out of status and voids the visa.

Student visas are similar in one respect: getting married does not, on its own, decide anything about F-1 status or permanent residence. Status, the intent at entry, the authorized stay and eligibility for a later filing are separate questions, and each depends on the facts.

You can still get the NYC license with a valid passport. Before you marry, though, talk to an immigration attorney or DOJ-accredited representative about what the marriage means for your partner's stay and for any filing you plan to make.

The license gets you married; the certificate proves it. After the officiant returns the signed license, you order the record from the City Clerk, and the right version depends on where it is going. The City Clerk's marriage records page lists the fees below, current as of September 28, 2026.

For a US immigration filing, the Form I-485 instructions generally call for a photocopy of the marriage certificate issued by the civil authority where you married, so a certified certificate from the City Clerk is the one to order. An apostille is generally for use in another country and is not automatically required for USCIS; follow the instructions of the agency receiving the document.

If a consulate or a government office in your partner's home country needs the record, order the extended certificate, which the City Clerk issues with a hand signature and raised seal for foreign use. It then goes to the County Clerk to authenticate the City Clerk's signature and on to the New York Department of State for the apostille. The certificate and apostille guide walks through that sequence and the offices involved.

What happens after the wedding depends mostly on where the spouse is. If your spouse is in the United States and eligible, the usual route is adjustment of status, an application to USCIS to become a permanent resident without leaving the country; for a K-1 holder, that is the next step the visa is built around. If your spouse lives abroad, the usual route is consular processing: the US citizen or permanent resident files a petition, and the spouse applies for an immigrant visa through a US embassy or consulate.

Both routes involve forms, evidence and fees, and USCIS fees changed several times in 2024 and 2025. Check the current USCIS fee schedule before you file anything, and use the current form edition. Which route fits you, and whether you are eligible, is a question for an immigration attorney or accredited representative.

New York City has issued marriage licenses and performed civil ceremonies for same-sex couples since the Marriage Equality Act took effect on July 24, 2011. For immigration, the State Department says same-sex spouses of US citizens and permanent residents are eligible for the same immigration benefits as opposite-sex spouses, along with their minor children. Everything above about IDs, K-1 timing and certificates applies the same way. For ceremony ideas and planning, see LGBTQ+ weddings in NYC.

Free, confidential help in New York City starts with the Mayor's Office of Immigrant Affairs. Its Immigration Legal Support Hotline is 1-800-354-0365, or you can call 311 and say "Immigration Legal." The hotline gives information and connects callers to City-funded legal help in their preferred language. Free consultations and representation through MOIA's Legal Support Centers generally have eligibility rules, including household income limits for some services, and the hotline can tell you whether you qualify.

Beyond the City's services, your trustworthy options are an immigration attorney or an accredited representative working at a DOJ-recognized organization. The Department of Justice publishes rosters of recognized organizations and accredited representatives, so you can check a name before you pay anyone. Partial accreditation generally covers representation before USCIS, while full accreditation also covers immigration court and the Board of Immigration Appeals.

Notarios, document preparers, immigration consultants and travel agents cannot give immigration legal advice or represent you in immigration court, whatever their sign says.

These cover a few points the sections above leave open.

Start with the dates. If your partner holds a K-1 visa, mark day 90 on the calendar, then book the license appointment through the City Clerk's online application, leaving room for the 24-hour wait. If your partner is on a visitor or student visa, call the MOIA hotline at 1-800-354-0365 or an immigration attorney before you set the date. Then read the NYC marriage license guide for the appointment itself, and, if your partner is traveling in, getting married in NYC as a visitor.