Applying for AOS before receiving marriage certificate from the court

[ben747 0]

Me and my fiance got married last week and the courthouse (Beverly Hills, CA) said that the marriage certificates will be sent out a month from now. My fiance's K1 visa is expiring in 2 weeks, so can we file for AOS now or we must wait for the certificate first?  Can we send it later or provide at the AOS interview?

[RJandHamid 1,133]

You need to provide the marriage certificate with the AOS petition documents. 

Edited October 9, 2017 by RJandHamid

[Meg&Andrew 297]

You need to send it unless you want to delay the already long process of AOS by receiving an RFE.

 

When you married, you fulfilled the requirements of the k1 visa, so the date of the expiration is of no importance concerning your AOS. As long as you married by the 90 days. 

[ben747 0]

So since we got married before K1 visa expired, we should apply for AOS only when we receive the marriage certificate, even if it will be after K1 visa expiration date?

[Meg&Andrew 297]

Yes, as stated, the date no longer matters as you've already fulfilled the k1 requirements. The visa is of no importance anymore. Get the marriage certificate, and file AOS. 

[Unlockable 7,315]

The K1 visa is already expired. It is a ONE TIME ENTRY use visa. It expired the moment she stepped foot through customs. Plus you have already married within the 90 days so you have fulfilled all of your requirements of the visa. There is no need to rush sending the AOS before you have the marriage cert.

 

Again, it doesn't matter when you send the AOS. The K1 visa is already expired. They are two separate processes that are somewhat tied to each other. The K1 visa process is completed. You are done with that. Forget about it. The next process is adjustment of status. In order for you to complete that you will need your married cert.

[ben747 0]

Thank you everyone!

[AntoinetteB 165]

44 minutes ago, ben747 said:

So since we got married before K1 visa expired, we should apply for AOS only when we receive the marriage certificate, even if it will be after K1 visa expiration date?

you can go to public records online and print out a copy

[Ontarkie 14,499]

~~Moved to AOS Family K1&K3, from K1 P&P - as the question is about AOS.~~