Adjustment of Status without Marriage Certificate

[TheBlueEagles 1]

Good morning,

 

We are about to file Adjustment of Status for my now wife, but the only problem is we don't yet have our certified copy of the Marriage Certificate. 

 

Her K1 visa allowed her to stay until November 15, which is in two days. We are worried she will be staying past her allotted date, and will be in violation of her visa as we have not yet filed for the Adjustment. Is the November 15th date she was given by customs simply for us to get married, or do we have to have our Adjustment of Status filed by that date? Should we be worried? Should we send in our Adjustment of Status paperwork before having the Marriage Certificate and wait for the RFE to come requesting our Marriage Certificate? 

 

Thank you so much in advance for your help. Without the guidance on this website, we would've had to spend A LOT of money to get assistance with this, and we truly appreciate everyone who helps people like us get our papers properly filed. You guys are truly amazing!

[Peot 161]

You will overstay. So does everyone. It is expected and forgiven at the AOS interview.

 

The only time an overstay is NOT welcomed is if you either don't get married or don't adjust status after getting married.

[ColoradoBeauty 79]

Congratulations on your wedding!

She is fine as you got married within 90 days.

[geowrian 22,338]

You can file after the 90 days....the main thing is being married within the 90 days.

 

Technically she will accumulate unlawful presence after the 90 days. Once she files for AOS, she has authorized stay and stops accumulating unlawful presence. Unlawful presence is ignored for AOS purposes as the spouse of a USC.

[AussieTam 48]

The K1 is a single entry visa , so once she entered the US it was technically expired . The condition of K1 is to marry within 90 days which she obviously met. I suggest you do AOS as soon as possible because she will be without status until she gets the first notice of AOS. There are many people that haven't gotten their AOS submitted within 90 days , you will be fine .

[TheBlueEagles 1]

Thank you everyone for this information. We are very relieved to hear this!

 

In regards to her paperwork, for the i-485 part 8, subsection 17 "Have you EVER violated the terms or conditions of your nonimmigrant status?" would we need to put "yes," since we're past our 90 day period? Thanks again everyone!

[C-ma'am 684]

**Post moved from K1 to AOS from family visas. Question is about that process.

[Peot 161]

52 minutes ago, TheBlueEagles said:

Thank you everyone for this information. We are very relieved to hear this!

 

In regards to her paperwork, for the i-485 part 8, subsection 17 "Have you EVER violated the terms or conditions of your nonimmigrant status?" would we need to put "yes," since we're past our 90 day period? Thanks again everyone!

No. Purpose of Visa is to get in and marry within 90 days which you did. You did not violate that even if you are now beyond that period.

[geowrian 22,338]

1 hour ago, TheBlueEagles said:

In regards to her paperwork, for the i-485 part 8, subsection 17 "Have you EVER violated the terms or conditions of your nonimmigrant status?" would we need to put "yes," since we're past our 90 day period? Thanks again everyone!

Yes. Having any period of unlawful presence is a violation of your nonimmigrant status. The K-1 visa permits you to stay in the US for 90 days - going beyond that (without some other form of status or authorized stay) is a violation of that status.

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter4.html

"Terms of nonimmigrant status include, but are not limited to:

•Time limitations on the period of admission and any subsequent extensions or changes of status; ^[14] "

 

That said, it won't matter as overstay is ignored for the spouse of a USC (See the top of the page).

Edited November 13, 2017 by geowrian