Need to get married this month but everywhere seems to be booked (California).

[partyintheUSA 86]

7 hours ago, baze92 said:

Hi everyone,

 

My Fiance and I are in the k1 process but she is currently here with me in the US on her tourist visa. She has been here since late June. Our plan was to fly back to Thailand, for her to do her interview, and then come back to US to get married. Unfortunately, Thai borders are still closed and not even close to our filing month interviews. And of course, covid situation is getting worse around the world. 

 

Without many choices, we decided it would be best to get married here now. 

 

The problem is, her tourist visa expires Early December and everything in booked out in our (San Diego) county until Mid December. I called neighboring counties and they are not accepting out of country residents. Additionally, they said most counties are not accepting other counties. 

 

1) Does anyone know any counties where we can get a license/married in California, before the end of November?

2) Are there any downsides if we get married in another state (not sure if it affects anything because she is not a citizen)? 

3) The county clerk suggested contacting wedding chapels. Sounds a bit sketchy to me. has anyone done this/any downsides of doing so?

4) Are there any counties open to out of county residents for virtual marriage ceremony? 

 

If anyone has any tips/suggestions regarding our situation, I would greatly appreciate it!

Have you tried Orange County? They accepted my wife and I from out-of-county. They have virtual and in person options and you can see availability through their website. Good luck!

[Diane and Chris 651]

Congratulations!  Will your wife be able to stay once you’re married?  Will you AOS with her here in the US?  I’m wishing you guys the best. Let us know how it goes. 

[Orangesapples 1,954]

2 hours ago, partyintheUSA said:

Have you tried Orange County? They accepted my wife and I from out-of-county. They have virtual and in person options and you can see availability through their website. Good luck!

I was gonna suggest Orange County. No idea if they have appointments available but I know they were offering drive through weddings before, I assume they still are. 

[Lucky2Lucky 2,526]

Did you google justice of the peace in your area? are they the ones that are booked through December?

[Cathi 5,748]

10 hours ago, Misscloud said:

Lived in NYC and got married in Massachusetts June 2020 due to covid 19 city hall in NYC still closed...easy peasy

Not an option in Massachusetts right now as people traveling to the state from high risk states have to quarantine for 2 weeks.(California is on their list as high risk). Massachusetts has some of the strictest COVID restrictions in the country and they just rolled back their restrictions even more yesterday.

[Dougefresh56 201]

17 hours ago, baze92 said:

Hi everyone,

 

My Fiance and I are in the k1 process but she is currently here with me in the US on her tourist visa. She has been here since late June. Our plan was to fly back to Thailand, for her to do her interview, and then come back to US to get married. Unfortunately, Thai borders are still closed and not even close to our filing month interviews. And of course, covid situation is getting worse around the world. 

 

Without many choices, we decided it would be best to get married here now. 

 

The problem is, her tourist visa expires Early December and everything in booked out in our (San Diego) county until Mid December. I called neighboring counties and they are not accepting out of country residents. Additionally, they said most counties are not accepting other counties. 

 

1) Does anyone know any counties where we can get a license/married in California, before the end of November?

2) Are there any downsides if we get married in another state (not sure if it affects anything because she is not a citizen)? 

3) The county clerk suggested contacting wedding chapels. Sounds a bit sketchy to me. has anyone done this/any downsides of doing so?

4) Are there any counties open to out of county residents for virtual marriage ceremony? 

 

If anyone has any tips/suggestions regarding our situation, I would greatly appreciate it!

Drive Thru Chapel in Las Vegas

[Ning 619]

Marry in Yuma. File docs for G Card next day. 

Edited November 5, 2020 by Ning
Not needed

[Crazy Cat 41,858]

7 minutes ago, Ning said:

Getting married changes her legal status anyway.

This is incorrect.  Marriage, alone,  does not change legal status.  Once the I-94 has expired, only submitting a proper I-485 will provide authorized stay until the I-485 is adjudicated.  

 

Until the applicant receives an approved EAD, he/she cannot legally work whether on a payroll or not.

Edited November 5, 2020 by Lucky Cat

[Ning 619]

5 minutes ago, Lucky Cat said:

That is incorrect.  Marriage, alone,  does not change legal status.  Once the I-94 has expired, only submitting a proper I-485 will provide authorized stay until the I-485 is adjudicated.  

You are right. What would you suggest they do? 

[Crazy Cat 41,858]

3 minutes ago, Ning said:

You are right. What would you suggest they do? 

Marry and file a proper I130/I-485 package before the I-94 expires using this guide:

 

 

Edited November 5, 2020 by Lucky Cat

[baze92 33]

@Lucky Cat That's the plan (most likely)! Still waiting to see how election plays out.

 

If her visa expires December 12, how many weeks before then would you recommend mailing the AOS papers? And are we ok as long as they receive it before the 12th? Or does it have to be approved in some other manner?

[Chancy 6,241]

20 hours ago, baze92 said:

If her visa expires December 12, how many weeks before then would you recommend mailing the AOS papers? And are we ok as long as they receive it before the 12th? Or does it have to be approved in some other manner?

 

K1 is a single-entry visa, so it was invalidated the moment your fiancee entered the US, regardless of the visa expiration date.  What is important now is her I-94 which expires 90 days after entry to the US.  The only requirement for K1 is to get married before I-94 expiry.  There is no requirement to file AOS before day 90, but it is strongly recommended as she will be out of status after her I-94 expires.  Get married and file AOS asap.  Having the I-485 receipt notice on hand will eliminate the (very slim) possibility that she will get in trouble with ICE for being out of status.

 

[Crazy Cat 41,858]

20 hours ago, baze92 said:

@Lucky Cat That's the plan (most likely)! Still waiting to see how election plays out.

 

If her visa expires December 12, how many weeks before then would you recommend mailing the AOS papers? And are we ok as long as they receive it before the 12th? Or does it have to be approved in some other manner?

Ideally, she should have the I-797 receipt before expiration of the I-94 since that is the evidence of authorized stay in the US.  Some people don't file the I-485 for a long time after the I-94 expires, but I wouldn't recommend waiting.  Good luck.

[Mike V 56]

Drive to Nevada, on-the-fly marriages are an industry there.

 

If you marry her while she is still here legally (tourist visa still valid), can you immediately file the I-485 (adjustment of status) to keep her here?  The embassy in Bangkok has resumed doing interviews for spouses (friend's wife just had hers), but in the present coronavirus situation, nothing is certain.

 

[Mike V 56]

On 11/6/2020 at 8:10 AM, Chancy said:

 

K1 is a single-entry visa, so it was invalidated the moment your fiancee entered the US,

 

He stated she's here on a tourist visa, K-1 is still pending back in Thailand. so nothing has been invalidated.

My recommendation is to get married ASAP and then explore your options to keep her here.