New York Marriage Law & Immigration
- In 2003, the U.S. Citizenship and Immigration Services (USCIS) became a division of the Department of Homeland Security. The USCIS handles all citizenship, naturalization, and immigration into the United States. It was created as part of the response to the terrorist attacks on 9/11.
- A New York State resident who intends to marry a non-permanent resident or non-U.S. citizen in New York must apply for a fiancé visa. This allows the fiancé into the U.S. for 90 days. Once the marriage is final, the spouse may apply for permanent U.S. residence.
- If the New York State resident marries a non-permanent resident or non-U.S. citizen overseas, the resident must file a petition for an alien relative to enter the U.S.. The alien relative may not enter the U.S. until the USCIS establishes them as a permanent resident.
- Non-married children under the age of 21 may enter the U.S. with their non-permanent resident or non-U.S. citizen parent as long as the child is included on the fiancé visa or alien relative petition.
- Legally married couples in New York State must have a valid U.S. marriage license. Therefore, couples must provide legitimate immigration and/or naturalization records to the city clerk for the marriage to be valid and recognized as legal.
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