What if certified copy of marriage license arrives past the 90 day K1 limit?

[snowcat 58]

Hi, I have been in the US for a bit over a month now and my fiance and I are planning to get married on April 29. My 90 days is over on May 28. I just read now that the certified copy of the marriage license may take 2-4 weeks to obtain... just worried that this may cause complications? Would the government be ok with that, given that we were actually married a ~month before the 90 days was over anyway?

[KULtoATL 1,551]

You're fine to get married a month before the 90 days. Just gotta get the certified marriage certificate a.s.a.p to file your AOS before your I-94 is expired to avoid possibility of deportation.

[USC1961 251]

8 minutes ago, KULtoATL said:

You're fine to get married a month before the 90 days. Just gotta get the certified marriage certificate a.s.a.p to file your AOS before your I-94 is expired to avoid possibility of deportation.

Not completely true.  As long as you get married within the 90 days there is no time limit to submit your AOS.  However your life is on hold until you do file because you can't work and other things become difficult.

[Scandi 4,166]

The only requirement is to get married within 90 days. You can file for AOS even after your i-94 has expired, any overstay will be forgiven. Some wait for months and even years to file for AOS, but it's obviously recommended to file asap after the wedding, and not being out of status for too long. 

 

So yes, you can definitely file for AOS once you have your certificate, even if it means you have to file after your 90 days are up.

[nightingalejules 678]

Don't panic. You will apply as soon as you receive your marriage certificate. As long as you got married within 90 days you won't accumulate any overstay. Get everything else ready and then as soon as the certificate arrives, send it all in. 

Technically the K1 visa is a one-time use visa and expires as soon as you use it, regardless of the date on it. So that doesn't apply here. So @Cruise77 is right. Your life is on hold until all the paperwork is processed but there's technically no deadline to file it.

[geowrian 22,337]

4 minutes ago, Cruise77 said:

Not completely true.  As long as you get married within the 90 days there is no time limit to submit your AOS.  However your life is on hold until you do file because you can't work and other things become difficult.

Not completely true either.

 

Once the I-94 stamp ends, you are out of status. Filing for AOS grants authorized stay while it is processed. But during that gap, you are the same as any other overstay....technically deportable.

 

Edit: And yes, you can continue the AOS process fine after the 90 days right where you left off.

Edited April 8, 2017 by geowrian

[Scandi 4,166]

Out of status = being in the country illegally. So yes, you are deportable just like geowrian said.

 

But OP shouldn't worry, they won't deport you unless you do something stupid. Just file as soon as you get the marriage certificate and you'll be perfectly fine.

[USC1961 251]

10 minutes ago, geowrian said:

Not completely true either.

 

Once the I-94 stamp ends, you are out of status. Filing for AOS grants authorized stay while it is processed. But during that gap, you are the same as any other overstay....technically deportable.

 

Edit: And yes, you can continue the AOS process fine after the 90 days right where you left off.

Technically True.  But there is a small chance of being deported in that time period if you file relatively quickly.

[geowrian 22,337]

Just now, Cruise77 said:

Technically True.  But there is a small chance of being deported in that time period if you file relatively quickly.

Agreed. There is another active member here on VJ (I won't tag him for his privacy since it's his story to tell) that had it happen within 6 months (married then later caught by ICE), though. Luckily it sounds like it will have a happen ending, but 2 years later and they're still going through AOS after getting removal proceedings cancelled. In the current enforcement status in the US, minimizing the risk is preferred.

[USC1961 251]

3 minutes ago, geowrian said:

Agreed. There is another active member here on VJ (I won't tag him for his privacy since it's his story to tell) that had it happen within 6 months (married then later caught by ICE), though. Luckily it sounds like it will have a happen ending, but 2 years later and they're still going through AOS after getting removal proceedings cancelled. In the current enforcement status in the US, minimizing the risk is preferred.

Ahh thanks for the insight.

[inloveVEN 46]

you can file your AOS whenever you want after this 90 days. you only need to get married before 90 days. When we got married in NYC we left the judge office with our marriage certificate in hands. In your city is sent by mail?

Edited April 9, 2017 by inloveVEN

[Scandi 4,166]

32 minutes ago, inloveVEN said:

you can file your AOS whenever you want after this 90 days. you only need to get married before 90 days. When we got married in NYC we left the judge office with our marriage certificate in hands. In your city is sent by mail?

In Los Angeles it takes 6-8 weeks for them to just record your marriage, then a few extra days to get the certificate in the mail. You can obviously pick it up yourself but that doesn't make the recording part go any faster.