Certified or Not?

[Laurel0708 21]

Do I need a certified copy of my marriage certificate to send with the AOS packet? I just realized that they said it could take ten days after we get married, which is on January 8th. He needs to leave the country on January 25th. Is that cutting it too close? SHould we just make a copy of the marriage certificate after everyone signs it on the day of? Thank you!

[EM_Vandaveer 2,408]

What do you mean he needs to leave the country? He can't leave if he entered on a K-1 and you got married. If he did, he couldn't come back. You'd have to start over with a spousal visa.

Once you file for AOS/EAD/AP and receive EAD/AP card, he'll be able to leave and re-enter the country.

[Laurel0708 21]

I know that he doesn't have to leave. I am saying that his k1 visa expires on January 25th. Unless we have filed for the aos, that is the date he must go.

[Claire and Troy 2]

I know that he doesn't have to leave. I am saying that his k1 visa expires on January 25th. Unless we have filed for the aos, that is the date he must go.

The K1 visa's expiration is for only entry to the US. As long as you've entered the US before it expires, and you're married within 90 days of POE, you've satisfied the condition of the visa. The I94 determines when you begin to accumulate overstay. While it's expected that you apply for AOS before then, you can file late. If you're worried about it, maybe you can step up the official marriage date?

[YecaCruz 379]

Do I need a certified copy of my marriage certificate to send with the AOS packet? I just realized that they said it could take ten days after we get married, which is on January 8th. He needs to leave the country on January 25th. Is that cutting it too close? SHould we just make a copy of the marriage certificate after everyone signs it on the day of? Thank you!

Yes you do need to send a copy of the marriage certificate. I honestly got like 3 certified copies since it was only like a 7$ cost just 'cuz you never know when you need one.

When you say "he needs to leave" are you meaning the "expiration" of the K1? Claire and Troy explained it well where that expiration is just for how long he has to enter the US until it becomes invalid. He entered before then so he doesn't have to leave as it actually became expired the moment he set foot here. All you have left to do is get married within 90 days of his arrival as also mentioned.

There are some people that wait a year or more after marriage to start the AOS. I've seen their timelines and testimonials here.

What we did was a civil ceremony via the county courthouse to meet those conditions and start the AOS. Then we did a legit, prance-around-in-a-dress later. Would that be an option for you guys?

[Transborderwife 4,666]

I believe photocopies are fine

[Stevephoto 230]

Just to add my two cents and clarify what others have already said:

K1 visa was done the minute he entered the US. The 90-day window is now governed by the I-90 form which is valid for those 90 days.

You are good to go as long as you MARRY within the 90-days (which you are )

I believe that it is best to file for the AOS as soon as you can because you can also file for the EAD/AP card at the same time for free and the sooner he gets the EAD/AP the sooner he can work/travel abroad if he wants to.

There is no deadline to file for your AOS. Yes, you are technically out of status until you receive the NOA1 for the AOS, and yes, there have been reports of people being harassed (particularly in border cities), but it has not been a problem for the majority people and your "overstay" is forgiven once you file (so relax a little!)

Now, regarding the marriage certificate: Check with your state. There may be an online option. I would send a copy if you are in a rush to file AOS (but I wouldn't worry if it is only ten days) and then be prepared to send in the original if you get an RFE or bring it to the interview if you get interviewed.

Relax. Enjoy your BIG DAY. Then deal with this stuff! Good luck.

Edited December 16, 2016 by Stevephoto

[Laurel0708 21]

Thank you! Yes, I meant that we have to get married before January 25th. We personally waited to get married officially and ceremonially on the same day. We've had so many strange things in our relationship; we just wanted to do at least ONE thing normally! haha Okay, I won't worry about it then. I will just wait to send the packet until we have the certified copy. A few days to wait to send in the AOS packet is not a big deal.

[Stevephoto 230]

Thank you! Yes, I meant that we have to get married before January 25th. We personally waited to get married officially and ceremonially on the same day. We've had so many strange things in our relationship; we just wanted to do at least ONE thing normally! haha Okay, I won't worry about it then. I will just wait to send the packet until we have the certified copy. A few days to wait to send in the AOS packet is not a big deal.