What if i don't get the recorded marriage certificate back before the 90 day K1 fiance visa expires?

[jaysaldi 213]

I am getting married next week and just learned that it may take weeks to get the recorded marriage certificate mailed to me.  This will put us beyond the 90 days. The officiant says he can take a photo of what he files at the courthouse (is that a file stamped non-recorded marriage certificate or something else)? But I am worried that it won't be sufficient to adjust status.

What should I do?

 

1. File for AoS before the 90 days expires with the photo of documentation he sends me and possibly/probably get an RFE?

2.  Wait beyond the ninety days and file for AoS?

3. File for AoS within and then supplement that filing in a few weeks with a nice copy of the recorded marriage certificate?

Also, after we file for AoS, what paperwork should my fiancee carry with her to prove she is in the country legally?  

 

Thanks 

Edited November 9, 2019 by jaysaldi

[NikLR 13,227]

I would say #2

She carries a copy of NOA1

~~moved to AOS family based from K1 process and  procedures~~

[JFH 12,190]

AOS question moved from “K-1 fiancé visa process and procedures” to “AOS from K visas”*~*~*

[jaysaldi 213]

14 minutes ago, NikLR said:

I would say #2

She carries a copy of NOA1

~~moved to AOS family based from K1 process and  procedures~~

How long does it normally take to get that? And aren't they subject to detention/deportation until they get that if the ninety days has expired?

 

Edited November 9, 2019 by jaysaldi

[NikLR 13,227]

6 minutes ago, jaysaldi said:

How long does it normally take to get that? And aren't they subject to detention/deportation until they get that if the ninety days has expired?

 

Do you understand what that means? ICE isn't going to come knock down your door at day 91.  

[Going through 5,671]

I vote #2 as well.

 

If you go with #1, well---a photo of a document isn't going to suffice.   There also runs a chance that you don't receive a RFE later on, but the application outright denied instead (they don't HAVE to send a RFE for a missing piece of required evidence with the initial filing...they can choose to just automatically deny it).

[jaysaldi 213]

19 minutes ago, NikLR said:

Do you understand what that means? ICE isn't going to come knock down your door at day 91.  

I'm reading a thread now from someone who was in a car accident shortly after the 90th day and cops checked IDs and they hadn't filed for AoS and got tossed in jail for weeks.

[Going through 5,671]

11 minutes ago, jaysaldi said:

I'm reading a thread now from someone who was in a car accident shortly after the 90th day and cops checked IDs and they hadn't filed for AoS and got tossed in jail for weeks.

They put themselves under the "radar" so to speak when the accident happened and, as you read, "cops checked IDs".  There is always a risk.  The risk is slim that your spouse gets caught before the AOS is properly filed, but the risk is there.

 

The options you are contemplating above can result in either one of two things happening, in general:

 

Option #1 can result in a RFE.  Or, it results in the entire case being denied for not submitted required evidence with the initial filing (the marriage certificate).  Out the fees, out the time, but you can refile again of course (this time with some additional paperwork required and paying a new fee).

 

Option #2 results in waiting for the AOS to be filed, and taking the risk (albeit slim, but still a risk) that she runs into problems that specifically involve her non-status being discovered.

 

 

Edited November 9, 2019 by Going through

[NikLR 13,227]

16 minutes ago, jaysaldi said:

I'm reading a thread now from someone who was in a car accident shortly after the 90th day and cops checked IDs and they hadn't filed for AoS and got tossed in jail for weeks.

Keep your happy butts at home until the NOA1 comes.  Pay attention to your driving.  (it drives me BANANAS to see how much people play on their phones when they drive.)

[Nitas_man 3,100]

I’d question that timeline.  Once the marriage is recorded it’s available.  Usually at the county or parish.  It’s filed within days.  Did someone explain why it is taking weeks?

Edited November 9, 2019 by Nitas_man

[jaysaldi 213]

1 hour ago, NikLR said:

I would say #2

She carries a copy of NOA1

~~moved to AOS family based from K1 process and  procedures~~

 

30 minutes ago, Going through said:

I vote #2 as well.

 

If you go with #1, well---a photo of a document isn't going to suffice.   There also runs a chance that you don't receive a RFE later on, but the application outright denied instead (they don't HAVE to send a RFE for a missing piece of required evidence with the initial filing...they can choose to just automatically deny it).

 

 

Thanks. It looks like the Florida marriage certificate is basically the marriage license signed by the officiant with date and place of marriage:

 

https://thebluepaper.com/marriage-certificate/

 

What if I walk that to the courthouse, file it, and then get a file stamped but non-certified copy of it? 

 

Would you then recommend Option 1, filing the AoS on time?

 

3 minutes ago, Nitas_man said:

I’d question that timeline.  Once the marriage is recorded it’s available.  Usually at the county or parish.  It’s filed within days.  Did someone explain why it is taking weeks?

 

I haven't gotten any explanation, but the county website says they mail certified copies of the marriage certificate to the newlyweds and this takes about three weeks.  Do you think I might be able to get a non-certified copy sooner?

[Nitas_man 3,100]

11 minutes ago, jaysaldi said:

 

 

 

Thanks. It looks like the Florida marriage certificate is basically the marriage license signed by the officiant with date and place of marriage:

 

https://thebluepaper.com/marriage-certificate/

 

What if I walk that to the courthouse, file it, and then get a file stamped but non-certified copy of it? 

 

Would you then recommend Option 1, filing the AoS on time?

 

 

I haven't gotten any explanation, but the county website says they mail certified copies of the marriage certificate to the newlyweds and this takes about three weeks.  Do you think I might be able to get a non-certified copy sooner?

A non-certified copy won’t get you anywhere.  
Possible to pick it up in person?

It’s literally stamped and filed and available within a few days of submittal.

How close will you be to I-94 expiration? Seen a lot of couples go over the 90 days to file.  

[geowrian 22,337]

#1 & #3 carry the risk of the entire application being denied. The marriage certificate is a required, not supplemental, document. They specifically created a policy recently to address cases where people would file a form to gain a benefit with the expectation of getting an RFE due to the lack of a required document.

#2 carries the risk of being detained after day 90. That's a more serious and less pleasant event than having to refile some forms and pay the fee again, but it's also extremely rare if we're talking days/a couple weeks to get the documents.

Know the risks. Make an informed decision.

[jaysaldi 213]

18 minutes ago, Nitas_man said:

A non-certified copy won’t get you anywhere.  

Why not? 

 

The "What to Submit (K-1 Non-immigrant applicants)" dropdown on the USCIS website list the documents you have to send in and it says "copy of your marriage certificate" not "certified copy of your marriage certificate"

[NikLR 13,227]

3 minutes ago, jaysaldi said:

Why not? 

 

The "What to Submit (K-1 Non-immigrant applicants)" dropdown on the USCIS website list the documents you have to send in and it says "copy of your marriage certificate" not "certified copy of your marriage certificate"

You submit a photocopy of the original or a photocopy of the certified copy.  You don't need to submit the certified copy, just a photocopy of the certified copy.