What to Consider when Planning your Marriage in the US for the Marriage-Based Adjustment of Status Process
Since most of our family-based immigration cases involve marriage-based Green Cards, we strive to provide exceptional support by identifying both legal and practical issues for our clients. From the moment they reach out for a consultation, we offer time-saving information. For instance, if a client says, "I have an H-1B visa, and my US Citizen spouse and I are considering marriage. What do I need to know?" we guide them through the process. Knowing which marriage clerk’s office aligns with your timeline for filing your adjustment of status can save you both time and money. You can choose where to get married without worrying about residency requirements, as US states do not mandate residency for marriage. For example, you can drive to Las Vegas or New York City and get married there without being a resident.
When selecting a marriage clerk's office, there are logistical issues to consider. For example, some offices do not issue the marriage certificate on the same day as the marriage. Instead, they may send the marriage documents to the state, which then issues a certificate of marriage registration by mail, taking up to 30 days. This delay can impact your ability to file a marriage-based adjustment of status application, as you cannot file without the marriage certificate.
While we assist clients across all 50 states, we cannot provide specific guidance on marriage procedures in every jurisdiction. Therefore, this article focuses on a few marriage clerk's offices in the New York, New Jersey, and Connecticut tri-state area, where we frequently work. We want to share this information to help clarify the process for you.
When planning to apply for a marriage license and schedule the marriage ceremony, especially if you need to file your adjustment of status application promptly, several critical points must be considered. These steps ensure your marriage is legally recognized and prevent unnecessary delays in your immigration process. Here is a list of important factors to consider when choosing a marriage clerk’s office for the marriage adjustment of status process:
Questions to consider:
Are my fiancé and I eligible to get married? Regardless of the state or city where you plan to marry, you must prove your eligibility to be married. This typically means you need to meet the age requirements and be legally free to marry. For instance, if you were previously married, you must be legally divorced from your former spouse.
What are the age requirements for marriage in this jurisdiction?
What documents do my fiancé and I need to apply for a marriage license?
Do the required documents need to be originals, or are copies acceptable?
Do either of us wish to change our surname during the marriage process?
If you choose to take your spouse's surname, this will be considered a legal name change. Your marriage certificate might reflect your new legal name, making it easier to update other documents such as your passport. When filing your adjustment of status petitions, use this new legal surname so your Green Card will be issued under your new name.
What variations of my name will I be permitted to change?
How soon can I obtain my marriage license?
How long is my marriage license valid, and how soon do we need to get married after it's issued?
Is there a mandatory waiting period between obtaining the marriage license and the ceremony?
Can I apply for my marriage license online?
What are the costs for obtaining the marriage license and the marriage certificate?
If I need to apply for my marriage license in person, can I schedule the marriage ceremony for the same day?
What are the office hours for the clerk’s office?
Do I need to arrange for an officiant myself?
Do I need to bring my own witnesses?
Will I be able to get my marriage certificate on the same day?
If I can't get my marriage certificate on the same day, can I request expedited issuance?
Do I need to ensure I can get legally married before my visa expires?
Do I need to have legal status in the US to marry a US citizen or a Green Card holder?
You can read this article to understand more about legal name changes through marriage and how they affect the immigration process.
Before we delve deeper, let's define some key legal documents in the marriage process:
Marriage License: A marriage license legally permits you to marry. After the government authority examines your IDs and previous divorce decrees (if applicable), they will issue this license as permission to marry.
Marriage Certificate: A marriage certificate is an official document issued by a government authority that certifies a marriage has taken place. It serves as legal proof of the marriage and contains key details about the event and the individuals involved.
Although we have listed a wide range of questions that need answers before you schedule your marriage license and ceremony, we will now focus on issues specifically relevant to the marriage-based adjustment of status process in the US.
How quickly do you need to be married? If you are in a hurry to get married and obtain the marriage certificate quickly to file for your adjustment of status as soon as possible, choose a location that provides the marriage certificate on the same day as the ceremony. Avoid rushing to get married only to discover you have to wait a month for your certificate. This delay will unnecessarily postpone your marriage-based Green Card application, which means your Employment Authorization Document (EAD) will also be delayed by a month. This could result in losing a month's salary if you have no other legal basis to work, such as an H-1B visa. Overlooking this point can cost you thousands of dollars!
Understand the required documents for a marriage license. For instance, New Haven, Connecticut, requires an original birth certificate for the foreign national spouse, whereas New York City does not require the foreign national spouse's birth certificate.
By being aware of these details, you can avoid potential pitfalls and ensure a smoother process for your marriage-based adjustment of status.
Below, you will find detailed information about specific marriage clerk's offices in New York City (all five boroughs in New York City, NY), New Haven-Connecticut, and Jersey City-New Jersey. We are focusing on these offices because many of our clients prefer them due to the unique advantages they offer. Please note that this is not an exhaustive survey of all offices in these states; we are highlighting the ones most frequently used by our clients.
NEW YORK CITY (ALL FIVE BOROUGHS OF NYC)
IMPORTANT: The information in this section applies only to New York City. If you wish to get married in other parts of New York State, you need to check with the specific office to understand their requirements. The following details apply to all New York City Marriage Clerk’s offices across the five boroughs: (1) Manhattan, New York County, (2) Queens, Queens County, (3) Bronx, Bronx County, (4) Brooklyn, Kings County, and (5) Staten Island, Richmond County.
Are my fiance and I eligible to get married? No matter what state or city you get married in, you will have to prove that you are eligible to be married. What this usually means is you have to be of a certain age and you have to be legally available to marry, i.e. if you were previously married you have to be legally divorced from your previous spouse.
Both parties must be 18 or older, mentally capable of consent, and not already married. Close relatives cannot marry.
What are the age requirements for marriage in this particular jurisdiction?
Both parties must be 18 years old or older.
What documents do my spouse and I need to apply for a marriage license?
Each applicant needs a valid government ID (passport, driver's license, etc.), Social Security number (optional), and proof of prior marriage dissolution or death certificate for former spouse (if applicable)
Does the marriage clerk’s office only accept original documents or can I take copies?
The Marriage Clerk's office accepts copies of documents other than IDs.
How soon can I obtain my marriage license?
Same-day issuance is possible if all documents are in order. Apply in person at any City Clerk's office.
How long is my marriage license valid for, i.e. how soon after my marriage license is issued do I have to get married?
A marriage license is valid for 60 days from the date of issuance. Your wedding must occur within this timeframe otherwise you will have to apply for a new marriage license.
Can I apply for my marriage license online?
Yes. Couples can apply online at: www.nyc.gov/cupid
How much does it cost to get the license and how much does it cost to get the certificate?
The marriage license fee is $35 and it is payable by credit card or money order to the City Clerk.
There is no additional cost for a marriage certificate fee, unless one wants extra copies. Copies are $15 per copy.
Is there a mandatory waiting period between obtaining the marriage license and the ceremony.
Yes, you can only get married 24 hours after issuance of the marriage license.
If I have to go in person to apply for my marriage license, can I schedule my marriage ceremony for the same day?
You must wait a full 24 hours before your Marriage Ceremony can be performed unless you obtain a Judicial Waiver.
What are the office hours for the clerk’s office?
Hours are typically 8:30am - 3.45pm. Confirm specific hours for your chosen office on the NYC.gov website.
Do I have to arrange an officiant myself?
If you are having a private ceremony, yes you do. If there ceremony is taking place at the marriage clerk’s office, then they will have an officiant who can marry you.
Do I have to take my own witness?
You and your prospective spouse must have at least one witness, who must be 18 years of age or over.
Will I be able to get my marriage certificate the same day?
If you get married in the City Clerk's office, you will receive your Certificate of Marriage Registration at the conclusion of the Marriage Ceremony. If you get married in a private ceremony elsewhere, the marriage certificate will be mailed to you in approximately 4 weeks.
Sources - https://www.cityclerk.nyc.gov/content/marriage-officiant-registration
New York City Marriage Clerk’s Office
https://www.cityclerk.nyc.gov/content/marriage-license
Here’s the relevant information for each NYC office:
Manhattan
Office of the City Clerk - Manhattan Office
Address: 141 Worth Street, New York, NY 10013
Phone Number: (212) 669-8090
Email Address: manhattanmarriages@cityclerk.nyc.gov
Office Hours: Monday - Friday, 8:30 AM - 3:45 PM
Bronx
Office of the City Clerk - Bronx Office
Address: 1780 Grand Concourse, Bronx, NY 10457
Phone Number: (718) 590-5307
Email Address: bronxmarriages@cityclerk.nyc.gov
Office Hours: Monday - Friday, 8:30 AM - 3:45 PM
Queens
Office of the City Clerk - Queens Office
Address: 120-55 Queens Boulevard, Kew Gardens, NY 11424
Phone Number: (718) 286-2829
Email Address: queensmarriages@cityclerk.nyc.gov
Office Hours: Monday - Friday, 8:30 AM - 3:45 PM
Brooklyn
Office of the City Clerk - Brooklyn Office
Address: Municipal Building, 210 Joralemon Street, Room 205, Brooklyn, NY 11201
Phone Number: (718) 802-4107
Email Address: brooklynmarriages@cityclerk.nyc.gov
Office Hours: Monday - Friday, 8:30 AM - 3:45 PM
Staten Island
Office of the City Clerk - Staten Island Office
Address: Borough Hall, 10 Richmond Terrace, Room 311, Staten Island, NY 10301
Phone Number: (718) 816-2290
Email Address: statenislandmarriages@cityclerk.nyc.gov
Office Hours: Monday - Friday, 8:30 AM - 3:45 PM
Here is what a New York City Marriage Certificate looks like:
JERSEY CITY, NEW JERSEY (Not applicable to other NJ towns)
IMPORTANT: This information in this section applies only to Jersey City’s marriage clerk’s office. Other offices in New Jersey have different rules so check the rules of the local NJ office that you want to get married at. Jersey City doesn’t seem as convenient as New York City is due to the need to schedule your ceremony before obtaining a license. See their website for more information.
Are my fiance and I eligible to get married? No matter what state or city you get married in, you will have to prove that you are eligible to be married. What this usually means is you have to be of a certain age and you have to be legally available to marry, i.e. if you were previously married you have to be legally divorced from your previous spouse.
Both parties must be 18 or older, mentally capable of consent, and not already married. Close relatives cannot marry.
What are the age requirements for marriage in this particular jurisdiction?
Both parties must be 18 years old or older.
What documents do my spouse and I need to apply for a marriage license?
Valid Government Issued ID (passport for both)
Residency: Either one person must live in Jersey City OR Both partners live in another State and they are getting married in Jersey City. Proof of Jersey City residency established via government-issued photo ID indicating Jersey City as your address. If your government-issued photo I.D. doesn’t indicate a Jersey City address a utility bill, bank statement or residential lease is sufficient to provide proof of residency.) PLEASE NOTE: As noted previously, two non-New Jersey residents may obtain a Jersey City Marriage License but the marriage ceremony must take place in Jersey City in order to be valid.
Social Security Number (only US Citizens must provide this)
Proof of Prior Marriage Dissolution (if you were previously married)
For Non-US Citizens: Additional documentation may be required depending on immigration status. You should contact the office and speak to them about your specific situation.
If you are applying in person, both parties to the marriage must be there and one (1) witness must be present in the City Clerk’s office.
Does the marriage clerk’s office only accept original documents or can I take copies?
The Marriage Clerk's office only accepts originals.
How soon can I obtain my marriage license?
Note: You must have your marriage ceremony arranged before you schedule your Marriage License appointment.The Clerk’s Office needs three (3) weeks’ notice prior to your ceremony to schedule your Marriage License appointment.
Their website states that not only do you have to schedule your Marriage License Appoinmtent, but you have to schedule an appointment to pick up your License at least 72 hours later.
Call their office at 201.547.5150 between 9AM-4:30PM, Monday through Friday to schedule your appointment. You must have your date & location of your ceremony confirmed before reaching out to them. And make sure you give yourself at least 3 weeks before your ceremony to make your appointment.
How long is my marriage license valid for, i.e. how soon after my marriage license is issued do I have to get married?
There is a 72-hour waiting period before the Marriage License can be issued. The waiting period begins when the application is filed in the City Clerk’s Office.The Marriage License application is valid for six (6) months from the date it is filed. After the 72-hour waiting period has expired, you may arrange to pick up your Marriage License from the City Clerk’s Office. Once you pick up the License you must use it within thirty (30) days. If the License expires before being used, you must complete a new application.
A marriage license is valid for 30 days from the date of issuance. Your wedding must occur within this timeframe. Keep in mind that other marriage clerks offices in New Jersey may have a different validity period for marriage licenses. See NJ Dept. of Health website that states that marriage licenses are valid for six months.
Can I apply for my marriage license online?
Online applications are currently not offered.
How much does it cost to get the license and how much does it cost to get the certificate?
Marriage License Fee: The cost to obtain a marriage license is $28. Marriage Certificate Fee: The cost to obtain a certified copy of the marriage certificate is $25 for the first copy and $5 for each additional copy ordered at the same time.
If I have to go in-person to apply for my marriage license, can I schedule my marriage ceremony for the same day
No, see above.
What are the office hours for the clerk’s office?
Marriage license applications are typically accepted during regular business hours (around 9:00 am to 4:00 pm). Confirm specific hours on the Jersey City Clerk's website.
Do I have to arrange an officiant myself?
Yes, you must arrange for an authorized officiant to perform the ceremony. Find a list on the NJ Department of Health website.
Do I have to take my own witness?
You must bring your own witnesses (at least two) or the Clerk's office may be able to provide them if needed.
Will I be able to get my marriage certificate the same day?
No, marriage certificates are not issued on the same day. You can request a certified copy by mail or in person, but processing takes several weeks.
If I can’t get my marriage certificate the same day, can I request to expedite the issuance of my marriage certificate?
Expedited processing for marriage certificates may be available for an additional fee. Contact the Jersey City Clerk's office for details.
Once you are issued a Marriage License in Jersey City, the license is valid throughout the State so while you need not get married in Jersey City, you must get married somewhere in New Jersey; A Marriage License issued by Jersey City will not be valid in any other State.
Sources - https://www.jerseycitynj.gov/cityhall/clerk/weddings
https://nj.gov/state/dos-civil-celebrant.shtml
Jersey City, NJ
Jersey City City Clerk's Office
Address: 280 Grove Street, Room 118, Jersey City, NJ 07302
Phone Number: (201) 547-5150
Email: marriagelicenses@jcnj.org
Here is what a Jersey City, NJ, Marriage Certificate looks like:
NEW HAVEN, CONNECTICUT
IMPORTANT: This information in this section applies only to New Haven, CT’s marriage clerk’s office. Other offices in Connecticut may different rules so check the rules of the local CT office that you want to get married at. See their website for more information. Their system is not that challenging, i.e. you can get the marriage license and the marriage certificate the same day IF you orgnaize an officiant in advance for the day you take your trip there. The officiant should be scheduled in the afternoon so you have time to obtain the marriage license in the morning.
Are my fiance and I eligible to get married? No matter what state or city you get married in, you will have to prove that you are eligible to be married. What this usually means is you have to be of a certain age and you have to be legally available to marry, i.e. if you were previously married you have to be legally divorced from your previous spouse.
In Connecticut, anyone can get married, regardless of residency or citizenship status, as long as they meet the eligibility criteria. These criteria include being 18 years old or older, mentally capable of consent, and not already married. Close relatives cannot marry. Individuals under the control of a conservator may not marry except under special circumstances.
What are the age requirements for marriage in this particular jurisdiction?
Both parties must be 18 years old or older. Minors may be eligible to marry with special permission from the probate court judge.
What documents do my spouse and I need to apply for a marriage license?
Valid Government Issued ID for both parties (passport recommended)
Social Security Number (optional for both)
Proof of Prior Marriage Dissolution (if previously married) https://portal.ct.gov/dph/vital-records/license-to-get-married
pen_sparkDoes the marriage clerk’s office only accept original documents or can I take copies?
The New Haven Vital Records office only accepts originals.
How soon can I obtain my marriage license?
Marriage licenses are typically issued on the same day you apply, provided all documentation is in order. Apply in person at the New Haven Vital Records office.
How long is my marriage license valid for, i.e. how soon after my marriage license is issued do I have to get married?
A marriage license is valid for 65 days from the date of issuance. Your wedding ceremony must take place within this timeframe.
Can I apply for my marriage license online?
Online applications are not available.
How much does it cost to get the license and how much does it cost to get the certificate?
Marriage License Fee: The cost to obtain a marriage license is $50.
Marriage Certificate Fee: The cost to obtain a certified copy of the marriage certificate is $20 per copy.
Is there a mandatory waiting period between obtaining the marriage license and the ceremony?
No, there's no mandatory waiting period between obtaining the license and the ceremony. You can get married the same day.
If I have to go in person to apply for my marriage license, can I schedule my marriage ceremony for the same day?
You can only schedule the ceremony the same day if you call an officiant first and schedule a date for the ceremony and then go in the morning to apply for your marriage license. Then you can get the marriage ceremony conducted if you had scheduled it for that afternoon.
What are the office hours for the clerk’s office?
New Haven Vital Records office hours are typically Monday-Friday, 9:00 am to 4:00 pm.
Do I have to arrange an officiant myself?
Yes, you must arrange for an authorized officiant to perform the ceremony. If you call their office, they will give you the names and telephone numbers of officiants.
Do I have to take my own witness?
Yes, you'll need at least two witnesses to your wedding ceremony.
Will I be able to get my marriage certificate the same day?
No, marriage certificates are not issued on the same day as your wedding. You can however, ask them if they will issue the marriage license that has been signed by the officiant who conducted your wedding–this can be used to file your adjustment of status case. As far as a certified copy is concerned you can request by mail or in person at the New Haven Vital Records office. Processing typically takes several weeks.
If I can’t get my marriage certificate the same day, can I request to expedite the issuance of my marriage certificate
Expedited processing for marriage certificates may be available for an additional fee. Contact the New Haven Vital Records office for details.
If you need a marriage license and certificate all in one day and you don't want to wait too many days in order to get married the New Haven Connecticut marriage clerk's office is a great option, however you will need an original birth certificate for the foreign National Spouse in order to apply for a marriage license.
SOURCES- https://portal.ct.gov/dph/vital-records/license-to-get-married
New Haven, CT
New Haven City Clerk's Office
Address: 200 Orange Street, Room 202, New Haven, CT 06510
Phone Number: (203) 946-8349
Here is what a New Haven, Connecticut Marriage Certificate looks like:
You don’t have to get married at the clerk’s office that is closest in terms of where you live. It makes sense to get married at the place that works for you short term and long term immigration goals. Some marriage clerk’s office’s marriage procedures are more onerous than others. The differences in marriage laws among states are shaped by a combination of historical, cultural, political, economic, public health, legal, and social factors. Each state's unique context and priorities influence how they regulate the institution of marriage. Choose the process that works for you. Be informed. You always have a choice!
Should you or your loved one have any questions or need representation, please do not hesitate to 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.