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Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)

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.

Please, the biggest issue is most likely a demonstrated misrepresentation of intent to immigrate at time of ENTRY. The issues you raise (all post entry) will not be anything for the OP to overcome

Edited by payxibka

YMMV

Posted

Please, the biggest issue is most likely a demonstrated misrepresentation of intent to immigrate at time of ENTRY. The issues you raise (all post entry) will not be anything for the OP to overcome

I beg to differ. The main thing they need to prove is a bone fide relationship, and these facts tend to whittle away at bonafides. These facts can be overcome, and to the OP, if you are really in love and have a real relationship, then yes, you will not be denied. Also, in the Adjudicator's handbook, marrying and filing AOS near the end of a visa expiring is a red flag. It can be overcome, of course. Marrying a US citizen is NOT a guarantee that AOS will be granted, and things that happen post-entry matter.

Also, I think "please" is a very rude tone to take. Feel free to disagree, but be polite.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Posted

What state did you get married in? In some states you can personally bring in the license to the clerk and wait for them to process it instead of mailing. Maybe you can make a trip there and tell them you want to pick it up and not let it be mailed and it might work. I would not bother sending it without the certificate, thats one of the main documents needed.

My Journey:

We met through a study-abroad program in Shanghai, China in August of 2009

We got engaged March of 2010

I received my K1 VISA in 6 months (June-December 2010)

We were married 04/02/2011
I received my conditional 2-year greencard (AOS) in 2.5 months with no interview (April-June 2011)

Our son was born 02/03/2013

I received my masters degree in Speech-Language Pathology 04/17/2013

I received my 10-year greencard (ROC) in 3 months with no interview (March-June 2013)

My husband returned from deployment 06/20/2013

My naturalization journey took 4 months (April-August 2014)

I became a US citizen on 08/01/2014

Received passport in 3 weeks (regular processing)

Thank you, VJ! smile.png

Posted

What state did you get married in?

Exactly what I was wondering.. In my state it takes about 4-6 weeks to receive the certificate by mail (just like the OP basically) but a week after marriage the certificate can be picked up in person. It's very likely this is the same with the OP.

N400 Timeline:

12/14/11 - Sending out N400 package

12/19/11 - Received by USCIS

12/21/11 - NOA date

12/22/11 - Check cashed

12/27/11 - Received NOA

02/06/12 - Received yellow letter (pre-interview case file review)

03/13/12 - Placed in line for interview scheduling (3 yr anniversary)

03/17/12 - Received interview letter

04/17/12 - Interview - No decision, application under further review

04/17/12 - Biometrics

04/25/12 - Placed in line for oath scheduling (so I'm approved yay!)

04/27/12 - Received oath ceremony date

05/09/12 - Oath ceremony!!

Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)

Also, I think "please" is a very rude tone to take. Feel free to disagree, but be polite.

Please, think all you want... maybe next time I will put PLEASE in all caps and you will tell me I am yelling...

Edited by payxibka

YMMV

Filed: AOS (apr) Country: Australia
Timeline
Posted

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???

You have been told over and over you need marriage certificate for AOS. I am not sure why you can't go like suggested and get your marriage certificate from, court house. We married in Florida and we had it in 2 weeks.

Divorced !st November 2012.

Married only 2 years 1 month

Filed: AOS (pnd) Country: China
Timeline
Posted

What state did you get married in? In some states you can personally bring in the license to the clerk and wait for them to process it instead of mailing. Maybe you can make a trip there and tell them you want to pick it up and not let it be mailed and it might work. I would not bother sending it without the certificate, thats one of the main documents needed.

We just went to the court and picked it up!!!!!!!!!! Haha!! Thank you all!!! Thanks a lot!!! :D

Filed: EB-2 Visa Country: Kyrgyzstan
Timeline
Posted

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???

hey,

yes you can send copy of your marriage certificate. In the worse scenario they'll request it later on, or will ask you to bring with you originals to the interview.

Filed: Timeline
Posted

Go to the nearest court house to you and you will get the marriage licence,it doesnt take that long,it only takes 7days after the marriage to get the license..You dont need to wait till they send it to you,go to the court and get it.

 
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