How to Apply for a City of New York Marriage License and Apply for a Green Card.
Thinking about getting married in New York City? Whether you’re a U.S. citizen marrying a foreign national or a Green Card holder looking to bring your spouse to the U.S., the journey from saying “I do” to securing a green card can feel overwhelming.
In this comprehensive guide, we will break down the steps for obtaining a City of New York marriage license and will walk you through the CR1/IR1 marriage-based green card process, with insider tips to help avoid costly mistakes, delays, and denials.
Important Legal Notice: Read Before You Marry after Entry on a Tourist Visa or ESTA Visa Waiver
Are you in the U.S. on a B2 visitor visa, ESTA, or another nonimmigrant visa? Thinking of marrying a U.S. citizen or a Green Card holder? Pause and consult an immigration attorney first. There are important timing considerations that can lead to dire results. The legal issues that can be problematic are discussed here:
Why? The 90-Day Rule
U.S. Citizenship and Immigration Services (USCIS) applies the “90-Day Rule” to evaluate your intentions upon entering the United States. If you get married or apply for a green card within 90 days of entry, USCIS may assume you had a preconceived intent to immigrate, which can lead to a denial and even allegations of visa fraud. With proper case preparation, any potentially adverse issues can be mitigated.
What Counts as Fraudulent Intent? And what the USCIS may flag as activities that contradict your stated intent at entry, including:
Marrying a U.S. citizen shortly after arrival.
Filing for adjustment of status (Form I-485) soon after entering.
Seeking to establish permanent residency while holding a temporary visitor visa or ESTA such as enrolling your children in school or signing a long-term lease.
Are There Exceptions?
Yes—but they’re case-specific. A skilled immigration lawyer can evaluate your situation, strengthen your case, and help you steer clear of mistakes that could lead to lasting impacts.
Why a NYC Marriage License is Crucial for Your Green Card
Your marriage certificate is the foundation of your CR1 or IR1 green card petition. Without this legal proof of marriage, USCIS will not deem you to have a legal marriage and cannot begin to evaluate the legitimacy of your relationship.
Pro Tip: Always double-check your marriage certificate for spelling errors or missing information before submitting it to USCIS.
Step-by-Step: How to Get a City of New York Marriage License
Meet the Eligibility Requirements
Both spouses must appear in person.
Present a valid government-issued photo ID (passport, driver’s license, etc.).
Bring any and all documents evidencing termination of any previous marriages (divorce, annulment, or death certificate).
Schedule an Appointment
Appointments can be booked online through the NYC City Clerk’s website.
Walk-ins are welcome, though you may experience extended wait times.
Prepare the Required Documents
Valid ID for both parties
Divorce decree or death certificate if previously married
Pay the fee of $35 via money order or credit card.
Observe the 24-Hour Waiting Period before your ceremony unless you obtain a judicial waiver.
Get Married and Register the Marriage
A licensed officiant must perform the ceremony.
Submit the signed license to the City Clerk to complete the registration process.
From Marriage to Green Card: What’s Next?
1. File Form I-130: Petition for Alien Relative
This establishes the legal spousal relationship. Include your certified New York City marriage certificate as proof.
2. Prepare Form I-485: Adjustment of Status (If in the U.S.)
For spouses already in the U.S., Form I-485 allows adjustment to permanent resident status. Required documents include:
Certified marriage certificate
Evidence of bona fide marriage (photos, joint leases, bank accounts, etc.)
Immigration history and proof of lawful entry (Form I-94)
There are many other legal documents that have to be submitted and these change from person to person
3. Attend Your Biometrics Appointment
USCIS will schedule a date to collect fingerprints and photographs. Make sure your contact details are current to receive this notice.
4. Green Card Interview
The final step. Be prepared with:
Your original marriage license
Documentation showing a genuine relationship
Honest answers about your relationship history
As a New York City attorney practicing marriage-based immigration throughout the 50 states, I’ve attended hundreds of interviews. As a result, I’ve created a proprietary system of interview preparation that includes a mock interview where I predict what questions my clients will be asked. My clients consistently report back on how smooth the interview went and that the officer seemed to approve the case before clients even walked in. You don’t have to believe me, but you can read our five-star reviews!
A closer look at the 90-Day Rule
USCIS may deny your green card if it believes you entered the U.S. with the hidden intention of staying permanently. It’s best to avoid applying for adjustment of status within 90 days of entering the U.S. on a tourist visa or ESTA. unless you have an experienced lawyer who files these cases all the time as they would know how to prepare the case from the outset so adverse legal consequences are not triggered.
Best Practices
Be Transparent: If your plans changed after entry, clearly explain why. We usually do so when we file the case. We do not depend on the interview as that just invites the interviewing USCIS officer to ambush our clients and catch them off-guard.
Consult an Immigration Attorney: A lawyer can help present your case effectively and flag any red flags.
Avoid Filing Too Soon: When possible, wait at least 90 days before applying to minimize scrutiny. If you are on an ESTA, you have to make sure you don’t file after the full 90 days as at that time you will have overstayed your visa. If you’re on an ESTA you must file before the 90 days so we balance these two 90-day rules to protect the client to the maximum.
Tips for Success
Double-check your Marriage Certificate, even minor errors can cause delays or rejections.
Start Collecting Evidence Early. Compile documentation like joint accounts, shared leases, and photos from the start. If you are on an ESTA, you want to make sure your evidence is more “lovey-dovey” in nature, and not official as it can show pre-conceived intent.
Work With an Experienced Immigration Attorney. A trusted legal partner can help you navigate each stage of the process, especially if complications arise.
Frequently Asked Questions
What is the duration of validity for a marriage license issued by the City of New York? 60 days from the date of issuance.
Is it possible to apply for a green card if I’ve overstayed my visa? Yes, if you're married to a U.S. citizen. This is not the case if the Petitioner is just a US permanent resident. However, consult a lawyer to handle possible complications.
How long does the green card process take? Typically 6–18 months, depending on your case, where you live, and USCIS processing times. As of the date this blog is written, our NYC clients are getting their green cards within six months. This may change so please contact an attorney at the relevant time when you are ready to begin filing your case.
Your path to a Shared Future Starts Here
From saying "yes" in the heart of New York City to building your life together in the United States, we’re here to guide you every step of the way. At Khunkhun Law, we bring deep knowledge and heartfelt commitment to helping families unite through immigration. No matter if your case is simple or complicated, we’re here to assist you in making your dream a lasting reality.
Your journey matters to us because we've been there, and we are here to help you every step of the way. Let's make your dream a reality together. With the right approach, the marriage green card process can help you build a future in the U.S. with your spouse while allowing you to achieve your immigration goals. We meet our clients where they are! Should you or your loved one have any questions or need representation, please do not hesitate to contact us. Although we are located in New York City we represent clients all over the 50 states of the US. Call us, email us at info@khunkhunlaw.com or review other options to get in touch with us for an immigration consultation. We have represented many clients with successful results even with the most difficult set of facts.