Los Angeles/California Marriage Certificate - current wait times?

[DaveAndAnastasia 2,096]

25 minutes ago, Zoeeeeeee said:

I’m planning to enter the US on 25th November and we’re getting married in LA on 7th February 2019 (we’ll, assuming the visa is granted, etc), so I guess that means it will take 6-12 weeks for us to get our marriage certificate - what would be the downside/issue with this taking a while? I haven’t really looked into any of the stages after the visa to be honest, as focussing on doing the K1 application/interview etc correctly, before worrying about other stuff. I know we need to marry within 90 days of me entering and have sent off the initial form for AOS...but that’s about it.

I'm assuming you're not a time traveler and so mean 2020, but you need to be legally married (and the certificate is proof that you are) to apply for AOS, and probably need to be legally married for your spouse to add you to their health insurance.

 

It's useful to do the former ASAP because the sooner you file for AOS, the sooner you'll get EAD/AP and/or a green card (though in LA,  getting a green card will take a while) and be able to work and travel outside the US (and come back) legally.

And it's useful to do the latter ASAP because employer-provided health insurance is usually significantly less expensive than anything you could purchase individually, and anything major without insurance can be very expensive in the US.

[Zoeeeeeee 797]

6 hours ago, DaveAndAnastasia said:

I'm assuming you're not a time traveler and so mean 2020, but you need to be legally married (and the certificate is proof that you are) to apply for AOS, and probably need to be legally married for your spouse to add you to their health insurance.

 

It's useful to do the former ASAP because the sooner you file for AOS, the sooner you'll get EAD/AP and/or a green card (though in LA,  getting a green card will take a while) and be able to work and travel outside the US (and come back) legally.

And it's useful to do the latter ASAP because employer-provided health insurance is usually significantly less expensive than anything you could purchase individually, and anything major without insurance can be very expensive in the US.

Unfortunately, no time traveller here! You’re right, 2020 🙃.

 

We’re both ok in regards to not travelling and me being a housewife for several months (though the not driving part is a bit galling - fortunately, there’s a train station not too far, so I’m going to get a bike and use that to get to and from the station), so not too worried about that side of things.

 

Health insurance impact is a bit rubbish, but I will be getting the fiancée insurance to go out with, so guess I will just have to be very careful and try to avoid using it!

 

So I won’t be breaching the terms of my visa by not having that certificate within 90 days? My understanding was (and now I’ve re-read the K1 guide on here, I’m not seeing any mention of this, so I’m not sure where I’ve got it from

- probably me misinterpreting info from somewhere) that within the 90 days I need to have got married and have submitted the initial request for AOS (but if you need the marriage certificate to do this, maybe/hopefully I’m wrong about this)?

 

On a separate note - does the officiant have any sway over how long it takes for the certificate to come through? Like, is part of the reason it takes 6-12 weeks in LA because it takes most officiants 3-6 weeks to send off the relevant info? Or is it all down to the courts?

 

Thanks for your advice!

[DaveAndAnastasia 2,096]

6 hours ago, Zoeeeeeee said:

So I won’t be breaching the terms of my visa by not having that certificate within 90 days? My understanding was (and now I’ve re-read the K1 guide on here, I’m not seeing any mention of this, so I’m not sure where I’ve got it from

- probably me misinterpreting info from somewhere) that within the 90 days I need to have got married and have submitted the initial request for AOS (but if you need the marriage certificate to do this, maybe/hopefully I’m wrong about this)?

 

If you haven't filed for AOS within 90 days, you're technically out of status (though as long as you've actually married, it's extremely unlikely to actually be a problem except for the issues I mentioned).

And you do need the certificate to file for AOS (in the K-1 section of the I-485 instructions document it says this).

[Mike E 11,742]

14 hours ago, Zoeeeeeee said:

Sorry to tag on to your thread - but reading this has concerned me a little! 

 

I’m planning to enter the US on 25th November and we’re getting married in LA on 7th February 2019 (we’ll, assuming the visa is granted, etc), so I guess that means it will take 6-12 weeks for us to get our marriage certificate - what would be the downside/issue with this taking a while? I haven’t really looked into any of the stages after the visa to be honest, as focussing on doing the K1 application/interview etc correctly, before worrying about other stuff. I know we need to marry within 90 days of me entering and have sent off the initial form for AOS...but that’s about it.

You have 90 days from POE to get married. I asked my wife’s lawyer if the AOS can be filed later than 90 days from POE. She said that a week or two is fine.  Beyond that, the K-1 visa holder is out of status. According to her, ICE won’t start looking for the out of status K-1 visa holder immediately, but after two weeks past 90 days, start to worry. Definitely don’t leave home and don’t answer the door.  

 

Now let’s do some rough math.  

 

POE is Nov 25. K-1 thus expires about Feb 25.  You plan to get married February 7, about 2 weeks before the K-1 expires. Even if we add 2 weeks for slack before ICE comes looking, that gives you 4 weeks to get your AOS together.  Including your marriage certificate. Which might not come until 12 weeks  after Feb 7, or roughly April 30. 

 

To put it mildly, your plan seems very high risk to me. 

 

Get married as as soon as possible and not in LA county:

 

Apply for SS card

Apply for marriage cert 

Wait up to 3 weeks for SS card

Marry in a county where marriage cert is available in less than a week

Get marriage cert

Apply for state ID/DL (with 60 days or more left on K-1)

Once k-1 has SSN, open joint bank account and add k-1 to bills.  PGE is hard. T-mobile is impossible. Comcast I’ve heard is impossible.  

 

With  your plan the k-1 won’t get an SSN before AOS. Opening joint accounts without an SSN is hard. AOS wants to see joint accounts.  And you won’t have a marriage cert by the AOS deadline so at best an RFE.  

 

 

[Zoeeeeeee 797]

Thanks for your advice @DaveAndAnastasia and @Mike E.

 

So, I’ve done some digging - on the USCIS page (https://www.uscis.gov/family/family-us-citizens/visas-fiancees-us-citizens) it states that for a K1 visa, you MUST get married within the initial 90 days...and then you MAY apply for AOS...however, it doesn’t seem to be a MUST for applying within 90 days.

 

I’ve then done some googling on out of status K1s, to understand the implications and found this:

 

“Upon issuance of a K1 Fiance Visa, your foreign fiance has 6 months to enter the US. On arrival, you will have 90 days to marry or your fiance must depart. So long as you marry in time, your new spouse is welcome to remain in the US and file an application for adjusting status to permanent resident Green Card holder based on marriage.

An application for adjusting status from K1 Fiance Visa to a Green Card should normally be filed prior to the expiration of the 90 day period of validity of the K1 visa. However, that is also the time allowed to marry. In this case, it is normally not a problem to file the adjustment of status application within a few months after the expiration of the K1 status provided the marriage occurred in time. Keep in mind that the K1 visa itself is a single entry visa. It is important that the K1 visa holder not depart the U.S. until international travel permission is obtained after marriage as part of the green card application process.”

 

So, I don’t think being out of status for a short period should be too much of an issue - appreciate it will slow things down and will cost us more (due to not working and higher insurance fees), but it doesn’t sound like it would prevent me from getting the AOS...

 

It’s a great shout re opening a joint account Mike - my understanding is that I can apply for an SSN as soon as I arrive (prior to marrying), so we could open a joint account, so when we do file for AOS, we have that open already?

 

 

[Zoeeeeeee 797]

@StaceF - just want to apologise for hijacking your thread - hopefully some of the info on here is useful to you too (if not, I’m so sorry!!) 🙏

[Zoeeeeeee 797]

So, I just re-read this thread from start to finish and saw a comment re people sending in the signed wedding license (which you get on the day) when applying for AOS (and receiving an RFE). I think we’ll do this, as at least then the wheels are in motion re the AOS application - and we can then reply to the RFE with the certificate when it comes 🙃.

[Mike E 11,742]

2 hours ago, Zoeeeeeee said:

Thanks for your advice @DaveAndAnastasia and @Mike E.

 

My pleasure Z

 

2 hours ago, Zoeeeeeee said:

 

So, I’ve done some digging - on the USCIS page (https://www.uscis.gov/family/family-us-citizens/visas-fiancees-us-citizens) it states that for a K1 visa, you MUST get married within the initial 90 days...and then you MAY apply for AOS...however, it doesn’t seem to be a MUST for applying within 90 days.

 

I’ve then done some googling on out of status K1s, to understand the implications and found this:

 

“Upon issuance of a K1 Fiance Visa, your foreign fiance has 6 months to enter the US. On arrival, you will have 90 days to marry or your fiance must depart. So long as you marry in time, your new spouse is welcome to remain in the US and file an application for adjusting status to permanent resident Green Card holder based on marriage.

An application for adjusting status from K1 Fiance Visa to a Green Card should normally be filed prior to the expiration of the 90 day period of validity of the K1 visa. However, that is also the time allowed to marry. In this case, it is normally not a problem to file the adjustment of status application within a few months after the expiration of the K1 status provided the marriage occurred in time. Keep in mind that the K1 visa itself is a single entry visa. It is important that the K1 visa holder not depart the U.S. until international travel permission is obtained after marriage as part of the green card application process.”

 

The above comes from https://asl-lawfirm.com/adjusting-status-from-k1-visa .

 

The lawyer you cite later says: " it is normally not a problem to file the adjustment of status application within a few months after the expiration of the K1 status"

 

FWIW, my wife's lawyer handles a lot of "out of status "cases (over stays and what not, not just K-1s). She made it clear she doesn't recommend filing for AOS while out of status. In the conference room in her office, she has free "what to do if ICE comes to your door" cards. Let me know if you want a scan of it; you might need it.

 

Also, let's posit a scenario. You are out for a stroll near a port on the California coast, and a bored CBP officer overhears your accent and chats you up. One thing leads to another and you cannot prove you married within 90 days because you don't have a marriage certificate.  Or you visiting say Carlsbad caves in New Mexico and on the drive an internal (but within 100 miles of the border) check point stops you, and you are asked for your passport. Same result.

 

Filing late because you are waiting 3 months for something the county next door can do in 2 days is not a good idea.

 

2 hours ago, Zoeeeeeee said:

 

So, I don’t think being out of status for a short period should be too much of an issue - appreciate it will slow things down and will cost us more (due to not working and higher insurance fees), but it doesn’t sound like it would prevent me from getting the AOS...

 

That was never the point of my objection nor did I say or mean to imply otherwise. USCIS isn't going to reject your AOS if you married on time. But the Department of Homeland Security is not a monolithic agency. What is OK for USCIS isn't always ok for ICE or CBP. If ICE or CBP gets you on day 91+ things can be ugly. You'll have your due process. You might even prevail. It won't be comfortable.

 

2 hours ago, Zoeeeeeee said:

 

It’s a great shout re opening a joint account Mike - my understanding is that I can apply for an SSN as soon as I arrive (prior to marrying), so we could open a joint account, so when we do file for AOS, we have that open already?

 

 

Yes. We waited 2 days to apply for an SSN and card, and the card showed up 10 working days later. With an SSN and the K-1's passport we opened a joint  bank account at my bank in person. I had no success with an online application. Also I wanted a joint checking account so that the check to USCIS was written on that account as yet another documentation of bonafides. So our AOS paperwork has the joint account. Other posts on visajourney suggest that joint accounts/statements aren't the be all and end all. If the K-1 fiance(e)/spouse has individual statements to the same address, then that works. She has a gym membership and AMC Theatre account so we will include those too.

 

To get California state ID, you must have 60+ days left on your K-1, and you must have proof of address. Your bank statement will do. The letter from the SS administration might do. A bill in your husband's name and the marriage certificate would work too.

[Mike E 11,742]

13 hours ago, Zoeeeeeee said:

 

Health insurance impact is a bit rubbish, but I will be getting the fiancée insurance to go out with, so guess I will just have to be very careful and try to avoid using it!

 

Fiancee insurance comes with very high deductibles. If you get very sick, in the worst case you will get a nice evac back to London. And then you start the process over again.

 

Many companies, especially in California, have domestic partner health insurance. A fiancee moving in with an employee is a "life event" at many such companies and qualifies the fiancee to enroll in the company health insurance plan. A day before we left Myanmar for the USA I got one month of fiancee insurance. Then when we landed, I enrolled my fiancee as a domestic partner. Then we married I upgraded her to a spouse in my company plan. By the time her insurance card arrived, the fiancee insurance lapsed.

 

13 hours ago, Zoeeeeeee said:

 

So I won’t be breaching the terms of my visa by not having that certificate within 90 days? 

 

Kinda/sort of. USCIS won't care.

 

ICE and CBP might.

 

If you get married on time, you get an indefinite amount of time to send in your AOS. Indefinite is not the same as forever.

 

I think the other thing you are glossing over is you get married before 90 days, you wait 12 weeks, get nothing, go to the county recorder and ask what's the deal, and they say that they've no proof you got a license and/or a recorded marriage. Because sometimes records get lots and county works fail at their tasks.

 

And after that, it is too late. You are not only out of status, you've overstayed, and now you risk a ban from the USA.

 

 

13 hours ago, Zoeeeeeee said:

 

On a separate note - does the officiant have any sway over how long it takes for the certificate to come through? Like, is part of the reason it takes 6-12 weeks in LA because it takes most officiants 3-6 weeks to send off the relevant info? Or is it all down to the courts?

The officiant can send it in the same day (or you can take it there yourself), and it will still take up to 12 weeks, in  LA County. Getting married in LA County is a choice, not a requirement. We've many counties in California and in America.

[Mike E 11,742]

2 hours ago, Zoeeeeeee said:

So, I just re-read this thread from start to finish and saw a comment re people sending in the signed wedding license (which you get on the day) when applying for AOS (and receiving an RFE). I think we’ll do this, as at least then the wheels are in motion re the AOS application - and we can then reply to the RFE with the certificate when it comes 🙃.

Lol. "If it comes".

[DaveAndAnastasia 2,096]

1 hour ago, Mike E said:

Many companies, especially in California, have domestic partner health insurance. A fiancee moving in with an employee is a "life event" at many such companies and qualifies the fiancee to enroll in the company health insurance plan. A day before we left Myanmar for the USA I got one month of fiancee insurance. Then when we landed, I enrolled my fiancee as a domestic partner. Then we married I upgraded her to a spouse in my company plan. By the time her insurance card arrived, the fiancee insurance lapsed.

Though the rules on that can vary a lot from company to company; I looked into doing that instead of doing a quick civil marriage then a ceremony later, but it seemed like it was simpler to just marry quickly than to get everything they needed.

[StaceF 41]

On ‎2‎/‎20‎/‎2019 at 7:00 PM, Zoeeeeeee said:

@StaceF - just want to apologise for hijacking your thread - hopefully some of the info on here is useful to you too (if not, I’m so sorry!!) 🙏

I've just read over the comments and questions and this has been super helpful!! No need to apologise 🙂

 

I will be flying out 2 weeks today 😁😁 and I like to be organised so the additions from your question have been great.

 

I think my plan is for me to apply for my SSN a couple of days after arrival, we will get married 4 weeks after I arrive due to friends coming to visit then and in the lead up to the wedding start to prep all of our paperwork so that once we receive our marriage certificate we can get everything sent off timely. Hopefully in that time I will have already received my SSN and have been able to apply for joint account, add me to bills etc.

 

Wishing you the best of luck for your journey! Where in LA will you be based?

[Zoeeeeeee 797]

1 hour ago, StaceF said:

I've just read over the comments and questions and this has been super helpful!! No need to apologise 🙂

 

I will be flying out 2 weeks today 😁😁 and I like to be organised so the additions from your question have been great.

 

I think my plan is for me to apply for my SSN a couple of days after arrival, we will get married 4 weeks after I arrive due to friends coming to visit then and in the lead up to the wedding start to prep all of our paperwork so that once we receive our marriage certificate we can get everything sent off timely. Hopefully in that time I will have already received my SSN and have been able to apply for joint account, add me to bills etc.

 

Wishing you the best of luck for your journey! Where in LA will you be based?

Oh, I’m so excited for you to be going in 2 weeks! Sounds like you have a well-considered plan - are you still planning on a Vegas wedding? Have a few friends that have got married there and it’s been amazing.

 

Due to a lengthy divorce (LA takes forever on EVERYTHING marriage-related it would appear), it took 1.5 years until we submitted our petition, so I’m used to waiting - but now it’s in (start of December), I’m anxiously date-watching!

 

I’m going to be in Valencia, which is very north - however, it’s right off the 5, so you can get to places pretty quickly (takes about 30 minutes to the valley, 40 minutes to central Hollywood, 40 minutes to DTLA) - and it’s very family-orientated, good schools etc. 

 

Ha! I feel like I’ve just done a sales patter for Valencia - it just gets a bad rep for being too far away (which in miles it is) - but then when you go there, you realise how quick it is to get to, because you’re on the 5, rather than the 405!

 

Ideally would like to work in Burbank, as I lived there in 2017 and my fiancé works there (that’s how we met)...so I just have an affinity for the place 😍.

 

Where are you going to be?

[LukeU 413]

On 2/2/2019 at 1:34 PM, StaceF said:

Hi, Thank you for this! That is super helpful info and definitely something for me to consider as like you say, 12 week wait time is just not acceptable for K1 visa couples! It's so nice to hear you had such a positive experience! 

 

We are most likely now going to head to Vegas for the ceremony. I've found some really pretty chapels...Elvis weddings and drive thru's are not our thing!!

We actually met in Vegas and we have some friends coming with us for a long weekend, so we are going to do the legal ceremony and have a fun weekend and then plan a more traditional style ceremony with all of our family and friends in a couple of years so people will have time to plan their travel etc.

They seem to also have a quick turnaround on obtaining your marriage certificate so we are staying positive that it will all go smoothly.

 

Thanks again for your post, it is much appreciated 🙂 

I will be really interested if you can let us know how the Vegas wedding went and the timeline of getting the certificate?

 

My fianceé (USC) and I (beneficiary) are doing a Vegas wedding around late June/July all being well. We found a lovely outdoor rooftop gazebo venue as like you, we're not into the Elvis drive through pink cadilac scene   So we have like 15-20 friends/family coming over for it and again very similar to you, in a few years have a reception back over in the UK for everyone else to attend. 

 

I can't imagine Vegas being a place that'll struggle with churning out marriage certificates! 

[StaceF 41]

2 hours ago, LukeU said:

I will be really interested if you can let us know how the Vegas wedding went and the timeline of getting the certificate?

 

My fianceé (USC) and I (beneficiary) are doing a Vegas wedding around late June/July all being well. We found a lovely outdoor rooftop gazebo venue as like you, we're not into the Elvis drive through pink cadilac scene   So we have like 15-20 friends/family coming over for it and again very similar to you, in a few years have a reception back over in the UK for everyone else to attend. 

 

I can't imagine Vegas being a place that'll struggle with churning out marriage certificates! 

Absolutely, I will give you an update as soon as we have received it!

 

Which chapels are you looking at? I think my favourite so far is the “Chapel of the flowers” or “The terrace gazebo” but interested to see which yours is as that sounds like exactly like the type of venue we like!

 

I’ve done some research into the Vegas marriage certificate timings and they do seem to be a lot faster, the officiants must register your marriage within 10 working days but some of the chapels that I’ve seen will fast track that part of the process for a fee. Some people reporting having their certificate within a couple of weeks which would be really helpful.