Can I use my marriage license copy to apply for AOS

[mightyheart 0]

We get married a week ago. Now we want to send all the documents out tomorrow. We don't have formal Marriage Certificate. The court will send us in 4-6 weeks.from the day we got married. My visa will expire in 10 days. So we want to send all the docs now. But we got a copy Marriage License. Can we use it instead of the formal Marriage Certificate???

[payxibka 10,047]

We get married a week ago. Now we want to send all the documents out tomorrow. We don't have formal Marriage Certificate. The court will send us in 4-6 weeks.from the day we got married. My visa will expire in 10 days. So we want to send all the docs now. But we got a copy Marriage License. Can we use it instead of the formal Marriage Certificate???

No, you need the one that is issued after the marriage is recorded.

[Ryan H 3,821]

We get married a week ago. Now we want to send all the documents out tomorrow. We don't have formal Marriage Certificate. The court will send us in 4-6 weeks.from the day we got married. My visa will expire in 10 days. So we want to send all the docs now. But we got a copy Marriage License. Can we use it instead of the formal Marriage Certificate???

Congratulations on the wedding!

You need the formal marriage certificate to file for AOS. What kind of visa did you enter on? If you entered on a K1 and married within 90 days of arrival, then don't worry about the expiration date. If you are trying to adjust status from another type of visa, then I don't know how the expiration date will affect you if at all.

[mightyheart 0]

Congratulations on the wedding!

You need the formal marriage certificate to file for AOS. What kind of visa did you enter on? If you entered on a K1 and married within 90 days of arrival, then don't worry about the expiration date. If you are trying to adjust status from another type of visa, then I don't know how the expiration date will affect you if at all.

Thanks!!

I entered in with B1 Visa. Can we send the copy license first? Then maybe they will ask us the some more documents. Then we could send together.

No, you need the one that is issued after the marriage is recorded.

Could we send the copy first? Then when they ask for supplements. We could send the formal one together. At that time, we should already get it.

[Ryan H 3,821]

I entered in with B1 Visa. Can we send the copy license first? Then maybe they will ask us the some more documents. Then we could send together.

First of all, I'm going to give you the benefit of the doubt and assume you did not enter with the intent to marry and then adjust status on this entry (entering on a non-immigrant visa with intent to adjust status is fraud). Another thing I did not think of earlier is that expiration date. The time of authorized stay on an entry is what is written down on the I-94.

If you don't send the certificate when you file, you will receive an RFE for it. Sending in a copy of the license is pointless, all a license allows you to do is obtain a certificate.

[mightyheart 0]

First of all, I'm going to give you the benefit of the doubt and assume you did not enter with the intent to marry and then adjust status on this entry (entering on a non-immigrant visa with intent to adjust status is fraud). Another thing I did not think of earlier is that expiration date. The time of authorized stay on an entry is what is written down on the I-94.

If you don't send the certificate when you file, you will receive an RFE for it. Sending in a copy of the license is pointless, all a license allows you to do is obtain a certificate.

I met him here after almost three months I came here. After 2 months we met we decided to get married. I don't have the intent to stay or get married when I came to USA. The expired date is Apr 20 2011.

So we could send without the marriage certificate first. Will it affect me to get the Greencard??

[Ryan H 3,821]

So we could send without the marriage certificate first. Will it affect me to get the Greencard??

Expect an RFE for the marriage certificate should you send your documents and forms without it. Once they have the complete file, they will move forward with adjudication.

[Harpa Timsah 13,258]

I wouldn't send it in without the marriage certificate. The certificate shows that you have a valid relationship to petition, and without it, I think there is a chance they will not accept your package at all. They may accept it and then send you a RFE for the marriage certificate,but there is a time window to respond. If you get a RFE and do not have the marriage certificate to send back to them by the due date, they will deny your AOS. Either way, I think it is best to wait until you have the marriage cert in hand. If you had a time constraint on your AOS, why didn't you find a faster method to get your marriage certificate? Did you ask if there was a way to get your certified marriage certificate sooner?

[mightyheart 0]

Expect an RFE for the marriage certificate should you send your documents and forms without it. Once they have the complete file, they will move forward with adjudication.

So you mean I can send without a marriage certificate?? I just don't want to wait, I don't want to overstay...

[Ryan H 3,821]

I'm with Harpa Timsah, don't send anything without the certificate.

I would be remiss if I didn't say that the best thing you can do is to return to your country and start the CR-1 process. I know you don't want to be apart from your spouse but at the same time, sending off the file without the formal certificate runs the risk of outright rejection that Harpa Timsah alluded to. You are also keenly aware that you will be out of status while waiting to receive the certificate. I've heard different things from different people in regards to overstay and being married to a US citizen. Since I do not know the law on that myself, I am not qualified to comment.

[Harpa Timsah 13,258]

Overstay is irrelevant/forgiven for spouses of US citizens.

This case already has some other red flags that they will have to overcome, however. They did not know eachother when she arrived and therefore had about a 2 months courtship before they got married, and they got married right before the visa was about to expire, showing that they possibly married just to avoid having to go home. Also the Op has said in other posts I believe that they came for work reasons, but then suddenly they don't have a job or quit or something. Anyway, hopefully I am wrong and they just fell in love.

Edited April 10, 2011 by Harpa Timsah

[mightyheart 0]

I wouldn't send it in without the marriage certificate. The certificate shows that you have a valid relationship to petition, and without it, I think there is a chance they will not accept your package at all. They may accept it and then send you a RFE for the marriage certificate,but there is a time window to respond. If you get a RFE and do not have the marriage certificate to send back to them by the due date, they will deny your AOS. Either way, I think it is best to wait until you have the marriage cert in hand. If you had a time constraint on your AOS, why didn't you find a faster method to get your marriage certificate? Did you ask if there was a way to get your certified marriage certificate sooner?

I'm with Harpa Timsah, don't send anything without the certificate.

I would be remiss if I didn't say that the best thing you can do is to return to your country and start the CR-1 process. I know you don't want to be apart from your spouse but at the same time, sending off the file without the formal certificate runs the risk of outright rejection that Harpa Timsah alluded to. You are also keenly aware that you will be out of status while waiting to receive the certificate. I've heard different things from different people in regards to overstay and being married to a US citizen. Since I do not know the law on that myself, I am not qualified to comment.

Thank you all!! Do you know how long is the time window for RFE?? The court said they have to take that long to get things done. A lawyer said I could overstay and then send documents out. If there is no choice, I might just wait.

[mightyheart 0]

Overstay is irrelevant/forgiven for spouses of US citizens.

This case already has some other red flags that they will have to overcome, however. They did not know eachother when she arrived and therefore had about a 2 months courtship before they got married, and they got married right before the visa was about to expire, showing that they possibly married just to avoid having to go home. Also the Op has said in other posts I believe that they came for work reasons, but then suddenly they don't have a job or quit or something. Anyway, hopefully I am wrong and they just fell in love.

I did quit my job and start traveling around US. Because something unhappy happened between me and the company. But I didn't expect that I will meet anyone. Hope we are blessed by GOD. Thanks. It is good to know I could overstay legally!!

[mightyheart 0]

Overstay is irrelevant/forgiven for spouses of US citizens.

This case already has some other red flags that they will have to overcome, however. They did not know eachother when she arrived and therefore had about a 2 months courtship before they got married, and they got married right before the visa was about to expire, showing that they possibly married just to avoid having to go home. Also the Op has said in other posts I believe that they came for work reasons, but then suddenly they don't have a job or quit or something. Anyway, hopefully I am wrong and they just fell in love.

But we do get married so fast for me can stay here. We don't want to be apart from each other. I don't understand if they deny two persons in love...

[Darnell 8,479]

I suggest you go back to the courthouse, talk with a clerk, ask about any 'expediting fee', then if there IS ONE, pay it, get marriage certificate within a few days.