Misspelled name in my marriage license

[sgb77 1]

Hello,

I need to submit my fiance's packet until Jan 12 as per the date they marked on her passport at the time of entry. However I went to get a certified copy of my marriage license, only to find that they made a clerical error and misspelled my name.

The clerk, mentioned that it could take up to a month to get the correction done, which would be no good for me. What are my options at this time?

Can I send my misspelled certified copy if I can't get the correction on time?

Thanks before hand for any help.

[IcezMan_IcezLady 582]

You need to submit the correct documents you have.An RFE will come back then you submit the corrected marriage certificate. Just make sure you don't leave out that marriage disclosure.

[sgb77 1]

Thank you for that, but can you explain what you mean by "Just make sure you don't leave out that marriage disclosure."?

[wbeem 568]

Is it a marriage license or a marriage certificate? I'm confused. You need to the marriage license to get married. Is that where the date January 12th comes in here? The marriage certificate is the certificate you get after you are married and that is the one you will submit with your AOS packet. That does not need to be filed within 90 days of arrival on a K1. Obviously the marriage license is necessary for you to fulfill the conditions of your visa. I'd call back and speak to someone else and impress the urgency of the situation on them and see if they will help.

I can't figure it out from your timeline because it's incomplete.

Edited December 11, 2015 by wbeem

[KayDeeCee 4,895]

Your post is kind of confusing. You need a copy of the marriage certificate for AOS. You say fiance, so you are not yet married? The marriage license is needed to get married. Once the marriage is registered with the court, you get your marriage certificate from them. If you already married, then you are talking about a spouse and a marriage certificate. You have to be married already to file for AOS. You need to marry within 90 days of entry, but you do not have to file for AOS within those 90 days.

There is no time limit/deadline in which to file for AOS. As long as you married within 90 days then you are eligible to file based on your approved I-129F petition and fulling the requirements of the K-1 visa. However, you will be out of status and begin to accrue unlawful presence between your I-94 expiring and filing for AOS. Once you file for AOS, you then enter a period of authorized stay while waiting for your green card approval.

[sgb77 1]

Thanks for all that information, sorry about the confusion. I am already married, so I guess the misspelled name is in the marriage certificate.

The county clerk is not the most charismatic person I've come across under any circumstance, so I don't think that pressing her would help my cause. I tried asking for it as delicately as possible, but she got really defensive and snappy.

In any case, I am really hoping for the correction to come through before Jan 12, so I can submit the paperwork.

KayDeeCee,

Is there any official documentation that I can read about, not having to file for AOS before the 90 days of my wife entering the US?

[KayDeeCee 4,895]

See this post for more details > http://www.visajourney.com/forums/topic/506298-what-is-the-real-deadline-for-marriage-and-aos-filing/?p=7137244