Marriage Certificate Issues

[Joanne and Adam 15]

My wedding is booked for 22nd September.
My K1 expires on the 29th September.

Which means I will most likely receive my marriage certificate a week or 2 after my K1 expires.

When exactly do you have to file the AOS? Do you HAVE to do it before your K1 expires? Is there any way to get your marriage certificate sent earlier?
Is it ok to send of the AOS package with a note explaining that I wont have my marriage certificate for another few weeks?

What do you think?

[dwheels76 5,468]

My wedding is booked for 22nd September.

My K1 expires on the 29th September.

Which means I will most likely receive my marriage certificate a week or 2 after my K1 expires.

When exactly do you have to file the AOS? Do you HAVE to do it before your K1 expires? Is there any way to get your marriage certificate sent earlier?

Is it ok to send of the AOS package with a note explaining that I wont have my marriage certificate for another few weeks?

What do you think?

The most important time frame is marrying within that 90 days. Filing AOS you do whenever. So no you do not haveto file before K1 expires. The K1 was just to get you in the country.

Many have filed AOS months later even a year because of varies reason. You are cool dear.

Read up on the AOS process and all the many many forms you need to work, travel, get green card. have fun!!

[agrabs 241]

Actually, your K1 expired the day you entered the country. You are given an I-94 on entry - that is what will expire 90 days after entry. You only need to marry before that expires. NO need to send a note explaining - they won't need it or use it for anything.

[Joanne and Adam 15]

The most important time frame is marrying within that 90 days. Filing AOS you do whenever. So no you do not haveto file before K1 expires. The K1 was just to get you in the country.

Many have filed AOS months later even a year because of varies reason. You are cool dear.

Read up on the AOS process and all the many many forms you need to work, travel, get green card. have fun!!

That's a relief! Thank you! I will definitely do some reading up. I arrived here just a week ago and have been very smitten with my fiance. Time to get my head back in the game and do some more research!!

Thanks for your advice!!

[didopage 337]

Is September 22th your big wedding with family and friends?

You may also consider getting married at a city hall/courthouse now, so you can start the AOS process much sooner, which also mean you won't be out of status even for day (once your I-94 expires, you start accumulating out of status time until you file for AOS).

Many here did that (including me, got civil married a few weeks after arrival, did the "big" wedding almost a year later), and it's the best option in my opinion.

This way you can file for AOS/EAD/AP much sooner than late September, and get your EAD/AP card (if not green card) much earlier too.

Edited July 12, 2013 by didopage

[OZ62 17]

Spouse entered the USA on June 15th, 2012

We got married at the City Court House on June 26th, 2012

I filed the AOS package on August 31st, 2012

EAD approved November 11th, 2012

AOS approved July 5th, 2013 with no RFE or Interview

Best to send as soon as possible because there could be a longgggggggggggggg wait.

If you are scheduled for an interview at a USCIS office, you may get your approval sooner than the folks without an interview.

Don't forget to send a "certified" copy of your marriage certificate when filing for AOS. When you get marry, get your copies then. I got 2 originals and went back to get 3 certified copies. Of the 3, I sent 1 with the AOS package. I did not want to send any of the originals. You can plan a big wedding later. If you get marry outside the court house, you will have to wait for the paperwork to arrive via mail.

Edited July 12, 2013 by OZ62

[Pitaya 2,577]

Is September 22th your big wedding with family and friends?

You may also consider getting married at a city hall/courthouse now, so you can start the AOS process much sooner, which also mean you won't be out of status even for day (once your I-94 expires, you start accumulating out of status time until you file for AOS).

Many here did that (including me, got civil married a few weeks after arrival, did the "big" wedding almost a year later), and it's the best option in my opinion.

This way you can file for AOS/EAD/AP much sooner than late September, and get your EAD/AP card (if not green card) much earlier too.

Agree with didopage.

Check out our signature for details.

Good luck.

[lost_at_sea 995]

I think you'll just be "out of status" for a couple of days, but I don't think it matters as far as your AoS being successful, but being out of status is never ideal. I don't know how current this is but: http://www.visajourney.com/faq/k1k2visa-aos.html#6.1

Many couples have filed for AOS a few days or weeks after the 90 day limit with no problems. Thus far, many experiences have shown this is not a major issue with local USCIS (INS) offices.

There's a few threads about it kicking about if you google, this one is quite an old, but meaty, discussion on the topic;

http://www.visajourney.com/forums/topic/256475-aos-for-k1-visa-holder-after-90-days-from-entry/

and some others

http://www.visajourney.com/forums/topic/438631-acceptable-timeframe-for-filing-aos-k1-after-marriage/

http://www.visajourney.com/forums/topic/404428-applying-for-adjustment-of-status-after-k1-visa/

Edited July 12, 2013 by lost_at_sea

[Joanne and Adam 15]

Is September 22th your big wedding with family and friends?

You may also consider getting married at a city hall/courthouse now, so you can start the AOS process much sooner, which also mean you won't be out of status even for day (once your I-94 expires, you start accumulating out of status time until you file for AOS).

Many here did that (including me, got civil married a few weeks after arrival, did the "big" wedding almost a year later), and it's the best option in my opinion.

This way you can file for AOS/EAD/AP much sooner than late September, and get your EAD/AP card (if not green card) much earlier too.

It's a little late now cause we've already booked the venue, bought the dress etc

Adam's family want to do the big wedding now since they've been waiting on it for years already! (we've been in a relationship for 7 years) so we've had plenty of planning time. I don't mind being out of status for longer, I have things to do like learning to drive, getting to know this place etc and I think its nice to have this time out of work to gather myself and of course plan the wedding & Adam's mum is loving having me at home to take care of the housework!!

I see the point you're making, we DID consider it but we already had so much planned it would be a shame to put it off for any longer!

[Joanne and Adam 15]

I think you'll just be "out of status" for a couple of days, but I don't think it matters as far as your AoS being successful, but being out of status is never ideal. I don't know how current this is but: http://www.visajourney.com/faq/k1k2visa-aos.html#6.1

There's a few threads about it kicking about if you google, this one is quite an old, but meaty, discussion on the topic;

http://www.visajourney.com/forums/topic/256475-aos-for-k1-visa-holder-after-90-days-from-entry/

and some others

http://www.visajourney.com/forums/topic/438631-acceptable-timeframe-for-filing-aos-k1-after-marriage/

http://www.visajourney.com/forums/topic/404428-applying-for-adjustment-of-status-after-k1-visa/

Thanks for the links! Will do lots of reading up after Adam has left for work!

[didopage 337]

It's a little late now cause we've already booked the venue, bought the dress etc

Adam's family want to do the big wedding now since they've been waiting on it for years already! (we've been in a relationship for 7 years) so we've had plenty of planning time. I don't mind being out of status for longer, I have things to do like learning to drive, getting to know this place etc and I think its nice to have this time out of work to gather myself and of course plan the wedding & Adam's mum is loving having me at home to take care of the housework!!

I see the point you're making, we DID consider it but we already had so much planned it would be a shame to put it off for any longer!

I didn't mean that you should cancel your Sept 22th wedding. Just that you could get civil married much sooner, it's pretty quick to do. In SF, we got our marriage license and ceremony in the same hour. Waiting for the marriage certificate was much longer.

So my point was to get civil married now, and still get the big wedding in September. Just an idea.

[Joanne and Adam 15]

I didn't mean that you should cancel your Sept 22th wedding. Just that you could get civil married much sooner, it's pretty quick to do. In SF, we got our marriage license and ceremony in the same hour. Waiting for the marriage certificate was much longer.

So my point was to get civil married now, and still get the big wedding in September. Just an idea.

Ohh I see what you're getting at! I'll discuss it with my fiance

[Brit Abroad 166]

There is absolutely NO need to get married in a courthouse to fulfill any "time requirement". You have a wedding booked, one that you and your families are looking forward to - you don't need a quickie civil ceremony. Your K1 got you into the country. Your I-94 covers you until your marriage or 90 days after arrival. Yes, you will technically be out of status for a couple of weeks while you wait for your marriage certificate but that is fairly normal these days - as none of the government departments moves faster than a snail. USCIS know this and you're unlikely to have a problem. Just get your Adjustment of Status paperwork in as soon as you can AFTER you receive your certificate.

[himher 634]

My wedding is booked for 22nd September.

My K1 expires on the 29th September.

Which means I will most likely receive my marriage certificate a week or 2 after my K1 expires.

When exactly do you have to file the AOS? Do you HAVE to do it before your K1 expires? Is there any way to get your marriage certificate sent earlier?

Is it ok to send of the AOS package with a note explaining that I wont have my marriage certificate for another few weeks?

What do you think?

You have 90 days after arrival to GET married. You're in good shape.

[didopage 337]

There is absolutely NO need to get married in a courthouse to fulfill any "time requirement". You have a wedding booked, one that you and your families are looking forward to - you don't need a quickie civil ceremony. Your K1 got you into the country. Your I-94 covers you until your marriage or 90 days after arrival. Yes, you will technically be out of status for a couple of weeks while you wait for your marriage certificate but that is fairly normal these days - as none of the government departments moves faster than a snail. USCIS know this and you're unlikely to have a problem. Just get your Adjustment of Status paperwork in as soon as you can AFTER you receive your certificate.

Hey I didn't say she needed to do a quickie civil wedding, just that it was AN IDEA to accelerate the immigration process (getting her EAD, if not green card, much sooner). That's all.