Marriage Law in New York : Marriage to a Foreign National

When a foreign national applies for a marriage license in New York, the county clerk requires specific documentation. A valid passport is the most commonly accepted form of identification for foreign nationals. If the foreign national has a visa, that visa should be presented alongside the passport. New York does not require a foreign national to demonstrate lawful immigration status to obtain a marriage license, though providing documentation of current visa status can facilitate the process. The marriage license is valid for 60 days from the date of issuance and must be returned to the county clerk within 5 days of the marriage ceremony.

New York does not impose a residency requirement for either party to marry in the state. However, New York law requires a 24-hour waiting period between the issuance of the marriage license and the performance of the marriage ceremony, unless a judge waives this requirement for good cause. Foreign nationals who are temporarily in the United States on a visitor visa or other nonimmigrant status may marry in New York during their authorized stay. The marriage itself does not automatically change a foreign national's immigration status; additional steps through federal immigration law are required to adjust status or obtain a spousal visa.

A foreign national spouse of a U.S. Citizen may adjust status to permanent resident within the United States if they are already present in the country, or they may pursue consular processing at a U.S. Embassy or consulate in their home country. Adjustment of status requires filing Form I-485 (Application to Register Permanent Residence or Adjust Status) with USCIS, along with supporting documentation including the marriage certificate, birth certificate, and medical examination results. Consular processing involves the foreign national returning to their home country to complete the visa interview at a U.S. Embassy or consulate. The choice between these two pathways depends on the foreign national's current immigration status and whether they are subject to any grounds of inadmissibility. Couples should consult with an immigration attorney to determine the most appropriate pathway for their circumstances.

A foreign national spouse does not automatically gain work authorization upon marriage to a U.S. Citizen. Work authorization is granted only after the foreign national has filed an adjustment of status application or obtained an employment authorization document (EAD) through USCIS. During the pendency of the spousal visa petition and adjustment of status application, the foreign national may apply for work authorization under the family-based immediate relative category, which typically allows work authorization while the application is being processed. Once the foreign national obtains permanent resident status, they are authorized to work in the United States without restriction.

After a marriage ceremony is performed by an authorized officiant in New York, the marriage certificate must be filed with the county clerk in the county where the marriage took place. The county clerk issues certified copies of the marriage certificate, which serve as the official record of the marriage in New York. A foreign national spouse should obtain multiple certified copies of the marriage certificate, as these documents are required for federal immigration petitions, name change applications, and other legal proceedings. The marriage certificate remains a permanent public record maintained by the New York County Clerk's office and can be obtained by either spouse or authorized representatives.

The Supreme Court of the State of New York, Family Court Branch, located in each county throughout the state, handles family law matters involving marriages with foreign nationals. In New York County (Manhattan), the Family Court is located at 60 Lafayette Street, New York, New York 10013. In Kings County (Brooklyn), the Family Court is located at 330 Jay Street, Brooklyn, New York 11201. In Queens County, the Family Court is located at 151-35 Boulevard, Jamaica, Queens, New York 11432. These courts have jurisdiction to hear cases involving divorce, annulment, spousal support, child custody, and child support when at least one party resides in New York. A foreign national spouse may bring an action in New York courts if they meet the residency and venue requirements established under New York law. The courts apply New York substantive law to determine the rights and obligations of the parties, including property division, alimony, and custody matters.

New York recognizes marriages performed in foreign countries if the marriage was valid under the law of the country where it was performed. A marriage certificate from a foreign country must be authenticated and translated into English for use in New York legal proceedings. Similarly, if a marriage between a U.S. Citizen and a foreign national was performed outside the United States, a New York court may recognize the validity of that marriage for purposes of divorce, spousal support, or other family law matters. However, a divorce decree issued by a foreign court is not automatically recognized in New York. A party seeking to rely on a foreign divorce decree in New York must establish that the foreign court had jurisdiction over the parties and the subject matter, and that the proceedings were conducted in a manner consistent with due process principles.

Couples where one party is a foreign national may enter into prenuptial or postnuptial agreements in New York to address property division, spousal support, and other financial matters in the event of divorce or death. These agreements must comply with New York law and must be entered into voluntarily by both parties with full disclosure of assets and liabilities. A prenuptial agreement is particularly useful when the foreign national spouse has assets or business interests in their home country or when the couple anticipates that one party may return to their home country in the future. The agreement should address how property acquired before and during the marriage will be divided, whether spousal support will be paid, and how any foreign assets will be treated.