Waiting to get married

[rsn 135]

October 4th will be more than fine, you don't want to be trying to get married on the day of your expiration.

You don't have to file your AOS paperwork before the expiration but it is recommended as you will be out-of-status as soon as you get married.

does this mean once you marry, the benifecry becomes out of status until the aos is done?

Once you receive the NOA1 after filing your AOS, you can use that to show you are not out of status.

[karimcharleen 0]

October 4th will be more than fine, you don't want to be trying to get married on the day of your expiration.

You don't have to file your AOS paperwork before the expiration but it is recommended as you will be out-of-status as soon as you get married.

does this mean once you marry, the benifecry becomes out of status until the aos is done?

Once you receive the NOA1 after filing your AOS, you can use that to show you are not out of status.

so then between the marriage and filing the aos and getting the noa1 for it, then they are out of status?

[rsn 135]

October 4th will be more than fine, you don't want to be trying to get married on the day of your expiration.

You don't have to file your AOS paperwork before the expiration but it is recommended as you will be out-of-status as soon as you get married.

does this mean once you marry, the benifecry becomes out of status until the aos is done?

Once you receive the NOA1 after filing your AOS, you can use that to show you are not out of status.

so then between the marriage and filing the aos and getting the noa1 for it, then they are out of status?

I don't know the correct legal answer to that question, but if your I-94 has not expired before your NOA1, then you are definitely not out of status. If it has, then I'm not entirely sure. It seems like a gray area. However, if you have proof that you filed the AOS and have not received your NOA1 yet, I assume you will be ok. Maybe someone else has a personal experience that will be more helpful than my speculation.

[Old Dominion 26]

Whoever wrote that a religious ceremony will not be acceptable to the USCIS is just plain wrong. The officiating clergy person must be licensed in that locality to perform weddings, that is the only requirement -- if not, then no marriage certificate will be available.

[Ovi 0]

Whoever wrote that a religious ceremony will not be acceptable to the USCIS is just plain wrong. The officiating clergy person must be licensed in that locality to perform weddings, that is the only requirement -- if not, then no marriage certificate will be available.

You don't have to get married before a judge but you still have to go to the courthouse, or city hall and apply for a license. The officiant can then sign it and you are married. Doing a ceremony without the marriage license is no good!

[Gary and Alla 3,694]

October 4th will be more than fine, you don't want to be trying to get married on the day of your expiration.

You don't have to file your AOS paperwork before the expiration but it is recommended as you will be out-of-status as soon as you get married.

does this mean once you marry, the benifecry becomes out of status until the aos is done?

If the AOS is not filed by the expiration of the I-94 the immigrant is out of status until it is filed. The date of marriage is not important, the I-94 rules!

[payxibka 10,047]

October 4th will be more than fine, you don't want to be trying to get married on the day of your expiration.

You don't have to file your AOS paperwork before the expiration but it is recommended as you will be out-of-status as soon as you get married.

marriage event does NOT put you "out of status"... That only occurs if / when the I-94 expires and no I-485 has been filed.

[gordec 0]

Guys, we can't get our official wedding ceremony before the expiration of I94. From what I understand, we can just go the the district clerk and get marriage license and have him/her sign the license with a witness to obtain the marriage certificate right? Also I'm not sure what my fiancee needs to bring. Passport, birth certificate and I94?

[Gary and Alla 3,694]

Guys, we can't get our official wedding ceremony before the expiration of I94. From what I understand, we can just go the the district clerk and get marriage license and have him/her sign the license with a witness to obtain the marriage certificate right? Also I'm not sure what my fiancee needs to bring. Passport, birth certificate and I94?

Correct. A civil ceremony works very nicely, it is legal. What you need for ID varies by state, but a passport (US or Foreign) is universally recognized. The K-1 visa is a SEPARATE form of ID, so is the I-94. Bringing her passport with all that inside should suffice, it did for us, no problem (Vermont) You DO NOT need a SSN to get married, but I advise you get the SSN immediately anyway. If they form asks for a SSN and she does not have one, write "none"

Witnesses may or may not be required (Vermont does not require witnesses) and there may or may not be a 3 day waiting period from the time the lisence is issued until you can get married. Check with the court or town clerk (whoever does this) and allow for this in your plans. Get married BEFORE the expiration date on the I-94. You will not need another lisence for the follow on ceremony as you will already be married legally. You can CHOOSE to recognize whatever event you want for your own purposes (your wife will want gifts on BOTH anniversaries)

[Jamaican JNR 2]

Hi all

Hoping you can clear up for us some confusion about by when we have to get married. Our K-1 is valid until Oct. 30th.

Our religious ceremony is scheduled for Oct 4th.

Our families would be very upset if we got married before, but we've seen posts saying that you can't really wait that long because of the AOS paperwork.

As long as we send the AOS before oct. 30th, will we still be "in status" or is it that we have to have received the EAD before the 30th of October if we want to be in status.

thanks in advance,

sara & ludo

Please dont wait until you are out of status before you act re immigration. The K1 visa states that you should get married within a certain time frame.

[ZorValachan 0]

Marriage requirements are done by the State, not any all-encompassing Federal (USA) requirement. Be sure to check what is legal in your actual state and follow those rules. Legal in your state = accepted. Not Legal in your state = not accepted.

Examples. Some states make you wait a period between issuing you a marriage license and when you can use actually use it. Some require blood tests, cousin tests . etc. etc.

Best is to call whatever department your state uses to issue marriage certificates. In Missouri it is even county specific on who issues them. And the rules do change. A lot of information about MO marriage requirements on the 'net are outdated as some were thrown out about 5 years ago, but various site information has not updated to the new requirements. So calling the Recorder of Deeds (or whatever your state/county calls it) is the best thing to do, instead of taking someone's instructions who is not even in your same state.

It will also let you know exactly if only having a clergy marriage is legal or not for your state.

They will also be able to specifically answer what your alien fiance needs to bring. In MO it is her passport only, but in some other state they may need something else too.

Edited August 19, 2009 by ZorValachan

[payxibka 10,047]

Guys, we can't get our official wedding ceremony before the expiration of I94. From what I understand, we can just go the the district clerk and get marriage license and have him/her sign the license with a witness to obtain the marriage certificate right? Also I'm not sure what my fiancee needs to bring. Passport, birth certificate and I94?

maybe... if the district clerk is also an officiant... otherwise you will need to find someone who is