Sending off AOS documentation the day after marriage (from a K1)

[simonschus 58]

Hi all,

Is there any issue with sending off the AOS documentation including EAD/AP forms on the day after getting married, assuming that we have our marriage certificate?

In addition, is there any issue with getting married very quickly after arriving in the US? I'm planning on landing in the US, getting the marriage license with my partner the next day, getting married the day after that, and then sending everything off once we have gotten the marriage certificate the next day? The state we'll be marrying in (NH) does not have any wait period for issuing a marriage license. We'll have all the forms filled in and signed ready to send off, and will print out everything else (e.g. electronic I-94) over that weekend so I don't think it'll be too hectic. My family will be travelling over the day after I arrive to attend our wedding and then back to the UK. The only issue with this that I can think of with that is that I won't have obtained a SSN to enter onto the forms but I don't see this as a huge problem really. I also won't be changing my surname for some time nor will my partner. Is there anything else I'm missing that might scupper this plan?

There is no reason for the speed other than we're eager to get all the paperwork and adjustment out the way and are comfortable doing it in that manner, particularly given that we're having two ceremonies (a legal once this year this year with just family, and a much larger one with friends and family next year).

Simon.

Edited April 6, 2016 by simonschus

[Amhara 460]

I don't think there is much of a problem. The only thing is that some people have gotten RFE's for not sending certified marriage certificates and it's suggested that you send three copies of the certified marriage certificates (one each for GC/EAD/AP - I think the AOS packet gets separated during processing so EAD/AP gets faster attention, so the same person handling your EAD/AP may not have the marriage cert if you only send one).

My husband and I weren't able to get an SSN after our marriage either, so it's not crucial for AOS. My husband arrived a day before a federal holiday, and I don't think we had his Form I-94 until about three days after that holiday. If you guys are successful in getting everything together, then you'll probably just need to wait for the I-94, whenever that comes, which could be timely.

[simonschus 58]

The only thing is that some people have gotten RFE's for not sending certified marriage certificates and it's suggested that you send three copies of the certified marriage certificates (one each for GC/EAD/AP

Thank you so much for this tidbit of information, Amhara! I hadn't come across this from reading the forums but I'll make sure I get a couple of certified copies when taking the signed certificate into relevant office after our marriage (I'll be going in by myself without my partner, but that shall not be an issue).

My husband arrived a day before a federal holiday, and I don't think we had his Form I-94 until about three days after that holiday. If you guys are successful in getting everything together, then you'll probably just need to wait for the I-94, whenever that comes, which could be timely.

I didn't come across this either. Whenever I have checked, my electronic I94 has updated overnight when entering the US but that hasn't ever been entering on a K1 but instead entering on the VWP. Hopefully it'll update by the Tuesday after entering on the Thursday of a holiday weekend.

If anybody can think of any other issues then please chime in if you can!

Simon

P.S. We too shall be getting married over a public holiday weekend so the above timeline isn't exact but instead only considered working days for simplicity. The time between marriage and getting the marriage certificate into the city hall office will actually be three days). Entering on the Thursday afternoon, marriage license on the Friday, marry on the Saturday, enjoy the rest of the weekend, then hopefully get the certified marriage certificates on the Tuesday and send off the packet the same day.

Edited April 6, 2016 by simonschus

[simonschus 58]

I don't think there is much of a problem. The only thing is that some people have gotten RFE's for not sending certified marriage certificates and it's suggested that you send three copies of the certified marriage certificates (one each for GC/EAD/AP - I think the AOS packet gets separated during processing so EAD/AP gets faster attention, so the same person handling your EAD/AP may not have the marriage cert if you only send one).

Just for clarity, if I get a certified marriage certificate then are three photocopies of that are sufficient for the AOS (i.e. one each for the I-485, EAD and AP) rather than having to get three certified copies from the City Clerks office?

[Pitaya 2,577]

We enclosed one certified copy of our marriage certificate with my wife's AOS/EAD/AP packet (K1), a photocopy of the certified marriage certificate with my stepson's AOS/EAD/AP packet (K2), and had no issues.

YMMV,

Good luck on your immigration issues.

[tolitzpogi 37]

Hmmm, after my marriage to my K1 I only ordered two (2) certified copies of my marriage certificate, one to be used in AOS and one for my personal records. If you are filing your EAD/AP with your i-485, I don't see the reason sending THREE certified copies of your marriage certificate. As I said, I only sent one (1) certified copy for my wife's AOS and she received her EAD/AP prior to her AOS interview with no issues.

Then again, this was last year, and I dunno if anything changed after then.

Depending on where you are, the certified copies can take as long as a month or more before they arrive - we got married on a day after New Year's Day in January and received our certified copies near the middle of February - so you can probably apply for the SSN or at least a joint bank account while you're waiting for those to arrive.

Good luck!

[Amhara 460]

Three is certainly not a requirement; nor are sending certified copies. You can send a photocopy, but some have gotten RFE's for sending a photocopy from what I have read here. Also, on the October 2015, November 2015 and December 2015 AOS filer threads, some have gotten RFE's for a marriage certificate on their EAD case, despite the fact they already included a copy in the entire AOS petition. I think these are small oversights by the adjudicating officer, but I prefer to make their life easier and we chose to go with more paper and less RFE chances.

Sending one photocopy of the marriage certificate is certainly within the scope of AOS requirements. Some have done this and been approved without problem and others have received RFE.

[KayDeeCee 4,893]

Just for clarity, if I get a certified marriage certificate then are three photocopies of that are sufficient for the AOS (i.e. one each for the I-485, EAD and AP) rather than having to get three certified copies from the City Clerks office?

Yes. You only need a photocopy of your marriage certificate. You do not have to send in the original document you receive from the court.

Three is certainly not a requirement; nor are sending certified copies. You can send a photocopy, but some have gotten RFE's for sending a photocopy from what I have read here. Also, on the October 2015, November 2015 and December 2015 AOS filer threads, some have gotten RFE's for a marriage certificate on their EAD case, despite the fact they already included a copy in the entire AOS petition. I think these are small oversights by the adjudicating officer, but I prefer to make their life easier and we chose to go with more paper and less RFE chances.

Sending one photocopy of the marriage certificate is certainly within the scope of AOS requirements. Some have done this and been approved without problem and others have received RFE.

Can you provide me with links to posts about getting an RFE for sending a photocopy of an actual certified marriage certificate? I do not know of people getting RFEs for following the form instructions and sending in a copy only.

[Amhara 460]

Can you provide me with links to posts about getting an RFE for sending a photocopy of an actual certified marriage certificate? I do not know of people getting RFEs for following the form instructions and sending in a copy only.

No, but it's in the guide: http://www.visajourney.com/content/k1k3aos

As for the posts from individuals, I had previously mentioned that I had seen posts from the October, November and December AOS filer threads. I won't comb through those pages to cite my source. Further, I don't know what actually happened - I can only provide third hand information, which is not nearly as good. For example, what I think REALLY happened is that the ones that had gotten RFE's for their EAD/AP were because they were changing their name through marriage and only provided one copy of the marriage certificate. When the petition was split between the EAD/AP and GC processing phases of the AOS in the service center, the EAD people didn't have a document to demonstrate the name change. Since the OP is not changing his/her name, I don't think this would be a problem. I think that, at a minimum, they would be approved for EAD/AP based on the GC application alone. However, I tend to try to be more prepared than usual, so I appreciate getting as much information as possible so I can decide which is the best option for me, so I tend to give others possible things to be aware of so they can decide which steps they want to take.

[simonschus 58]

No, but it's in the guide: http://www.visajourney.com/content/k1k3aos

As for the posts from individuals, I had previously mentioned that I had seen posts from the October, November and December AOS filer threads. I won't comb through those pages to cite my source. Further, I don't know what actually happened - I can only provide third hand information, which is not nearly as good. For example, what I think REALLY happened is that the ones that had gotten RFE's for their EAD/AP were because they were changing their name through marriage and only provided one copy of the marriage certificate. When the petition was split between the EAD/AP and GC processing phases of the AOS in the service center, the EAD people didn't have a document to demonstrate the name change. Since the OP is not changing his/her name, I don't think this would be a problem. I think that, at a minimum, they would be approved for EAD/AP based on the GC application alone. However, I tend to try to be more prepared than usual, so I appreciate getting as much information as possible so I can decide which is the best option for me, so I tend to give others possible things to be aware of so they can decide which steps they want to take.

Hi all,

I was just reading the instruction for Form I-131 (the AP form) and there is no mention of the need for a marriage certificate at all. In fact, I couldn't find any for the I-765 (EAD) either. As such, am I right in thinking that the marriage certificate would only be useful for those forms if I had a name change? (which I'm not).

Simon.

[Amhara 460]

Hi all,

I was just reading the instruction for Form I-131 (the AP form) and there is no mention of the need for a marriage certificate at all. In fact, I couldn't find any for the I-765 (EAD) either. As such, am I right in thinking that the marriage certificate would only be useful for those forms if I had a name change? (which I'm not).

Simon.

You should qualify on the basis of having a pending AOS petition, not the marriage.

[simonschus 58]

I agree on that being eligible based on AOS not the marriage. However, I'm just referring for the need to submit the marriage certificate as has been raised in the preceding posts. It looks like there is no requirement in the forms to have marriage certificate for the I-131 and I-765 but only for the I-485.

Simon.

[Amhara 460]

I agree on that being eligible based on AOS not the marriage. However, I'm just referring for the need to submit the marriage certificate as has been raised in the preceding posts. It looks like there is no requirement in the forms to have marriage certificate for the I-131 and I-765 but only for the I-485.

Simon.

To clarify: I was suggesting you include a copy, I was not saying you needed a copy of the marriage certificate for the EAD/AP. My take is always overly cautious. Please ignore any suggestions I provided on this thread.

[simonschus 58]

Thanks for clarifying Amhara I'm extra cautious too with so many copies of everything. However, I didn't want to include extra copies of the marriage certificate where it served zero purpose (in my case, I think it serves zero purpose for the EAD or AP because I'm not changing my name so having the certificate doesn't add anything).

I really appreciate your help! I was just getting confused as I was going through all the documents not and couldn't find anything about the marriage certificate in the instructions for the AP or EAD (at least, nothing for the marriage certificate that is relevant to a K1 in AOS).

<3

Simon.

[Amhara 460]

I think you guys will be good. The AOS process is a little less predictable that the K-1 process, except for you should get the EAD/AP within 90 days of filing. You may or not get an interview. Two on our December filer thread are still waiting for their EAD/AP 100+ days after filing!! A handful of us (my husband included) have already been issued GC's. Starting the AOS process as fast as possible is a good thing! I hope yours goes 'swimmingly'!!