Unable to Obtain Marriage Certificate

[DaveAndSmey 18]

Good morning!  Quick background.  K1 visa completed and approved in late January.  She moved to the USA the first week of February.  We had until May 2 to get married.  We got married March 20th, 2020.  Cook County Clerk's office closed on March 17, 2020 due to nCOVID-19.  We sent our documents by mail since the office was closed after we got married.  So, they have our finalized/signed marriage document.  
 

We went to apply for an adjustment of status.  However, this requires a copy of the marriage certificate.  I can call the Cook County Clerk's office but I cannot get a hold of a live person.  You cannot order a copy over the phone.  You cannot order a copy online.  The website doesn't say when they will open.  I reached out on Facebook and they give the same canned response that they are closed.  I mailed in a request form for them to send me a copy of my marriage certificate.  I included a check for the amount needed to get 2 copies of it.  They have not replied to my mail.  They have not deposited my check.

On May 2 her K1 visa expired.  We have no documentation to show we are married.  I did make a copy of the document we submitted in March showing we were married, where we were married, and that we both signed the document along with the man who married us.

What can I do at this point?

I called USCIS and spoke with an immigration officer.  They don't tell you what to do.  Should I send her back home or wait it out until Cook County Clerk's office opens again?  Should we go get married in another state that's opened?

Edited May 27, 2020 by DaveAndSmey

[payxibka 10,045]

Wait it out.  You are already married,  can't get married again 

[payxibka 10,045]

BTW, Cook County does in fact offer in person, online and telephone ordering of marriage certificates

[DaveAndSmey 18]

Really?  Please provide me with a link to this?  That is NOT what I have seen:  https://www.cookcountyclerk.com/

 

[DaveAndSmey 18]

11 minutes ago, payxibka said:

BTW, Cook County does in fact offer in person, online and telephone ordering of marriage certificates

 

[payxibka 10,045]

That's dumb.  I can see suspending in person but suspending everything?  

[DaveAndSmey 18]

 

You and me both.  No online or mail.  I want them to be safe but they should just have 1 guy go into the office and scan/upload marriage documents from Feb-May into an online database so we can buy a copy.

[marcris86 0]

I wonder if you can provide all evidence and just get a RFE for the request of your marriage certificate. I would include a written statement as in why the marriage certificate was not provided at the time of the submitting the AOS. 

[Villanelle 4,122]

10 minutes ago, marcris86 said:

I wonder if you can provide all evidence and just get a RFE for the request of your marriage certificate. I would include a written statement as in why the marriage certificate was not provided at the time of the submitting the AOS. 

No. The marriage certificate is considered required evidence so if you don't submit it they can reject your package. 

 

You are just going to have to wait until you have a copy of it.  It is not that big of a deal.  Do not send her home unless you want to start the CR process from scratch and have it take a year or more for her to come back!!! 

 

You can try to reach out to someone else in your local government about this- I understand the pandemic is causing disruptions but most government offices have been able to remain operational. Voice your complaints to them if you are so inclined. 

 

Once her 90 day k is up she is technically out of status but so what? She is not going to be placed on a list for ICE  to pick up and in the rare situation where she is confronted by ICE they will just give her a chance to provide her NOA since you are married.  Since you married in the 90 days just follow the guides to apply for AOS. there are people that marry on the k and then wait a year or more to file AOS usually due to financial circumstances. 

[SalishSea 17,836]

OP, have you looked into whether the Cook Co Clerk's Office/courts have an Ombudsman who could help you?

[NikLR 13,227]

~~moved to AOS from Kbased visa from IR1/CR1 process and procedures~~

[DaveAndSmey 18]

I have not filed a complaint.  I have contacted USCIS and have been assigned a case#.  They will get back to me in 15-30 days though the officer on the phone said it'll be faster than that.  I suspect the clerks office will not open until July.  I'm currently waiting to hear what the immigration officer who's been assigned my case has to say.  Apparently my county is so bad it's made the news:  https://chicago.cbslocal.com/2020/05/20/cook-county-death-certificates-covid-19-essential/

Edited May 27, 2020 by DaveAndSmey

[belinda63 3,038]

Have you tried the California state site? https://www.cdph.ca.gov/Programs/CHSI/Pages/Vital-Records-Obtaining-Certified-Copies-of-Marriage-Records.aspx It is possible the county already submitted a copy to them, just because the office is closed to the public they might still be processing things.

[payxibka 10,045]

3 hours ago, DaveAndSmey said:

I have not filed a complaint.  I have contacted USCIS and have been assigned a case#.  They will get back to me in 15-30 days though the officer on the phone said it'll be faster than that.  I suspect the clerks office will not open until July.  I'm currently waiting to hear what the immigration officer who's been assigned my case has to say.  Apparently my county is so bad it's made the news:  https://chicago.cbslocal.com/2020/05/20/cook-county-death-certificates-covid-19-essential/

What do you hope the uscis can do for you?

[Thrillhouse 193]

36 minutes ago, belinda63 said:

Have you tried the California state site? https://www.cdph.ca.gov/Programs/CHSI/Pages/Vital-Records-Obtaining-Certified-Copies-of-Marriage-Records.aspx It is possible the county already submitted a copy to them, just because the office is closed to the public they might still be processing things.

 

How does that work when Cook County is in Illinois, not California?

Edited May 27, 2020 by Thrillhouse