Spouse travelling back to UK -- but no marriage certificate yet

[laylalex 7,284]

My husband is a British citizen who next week is travelling back to the UK on his own for Christmas to see his daughter. Under the new quarantine rules in England, he will only need to isolate for five days and then get tested, which is making this possible for him. I'm not worried about this part of the process -- I mean, they have to let him in there since he's a citizen! It's on the way back I'm worried about. 

 

We got married on October 24th but are still waiting on our marriage certificate. Los Angeles County is notoriously slow even in good times on getting them back. I have called the county recorder's office and have been told it should be with me any day now. I ordered multiple copies for AOS, for him travelling, etc. However, the only way my husband is getting back in on his L1 without having to quarantine outside of the US for 2 weeks is if he can show he is married to me... and right now, we don't have any proof of that. In all likelihood, I will have the certificate back when he is out of the country, as his flight is next Tuesday. Assuming that's the case, I can Fedex it to him. 

 

BUT (and this is the question): is there going to be a problem on the way out of the US? Like, are they going to ask to see the certificate on the way out, or is it only on the way back to the US that he'll need it? In an ideal world he would wait to get the certificate before leaving, but in order for all the isolating/testing to work out so he can surprise his daughter on Christmas Eve, he needs to leave next week (we baked in a couple of extra days just in case there were any testing hiccups). 

 

Please tell me I am worrying over nothing, it hadn't even occurred to me until this afternoon that this could be an issue. 

[igoyougoduke 1,641]

No issues. They dont care about anyone going out. Only coming in Legally, they have a laundry list of questions.

 

You are over analyzing 100%

 

Edited December 9, 2020 by igoyougoduke

[HRQX 4,145]

10 minutes ago, laylalex said:

is there going to be a problem on the way out of the US? Like, are they going to ask to see the certificate on the way out, or is it only on the way back to the US that he'll need it?

Only on the way back to the US.

[laylalex 7,284]

Thank you! I had a feeling I was going overboard on this, but I'm a little frazzled by all the preparations for him going and then coping with the reality of being on my own for what should have been our first Christmas as a married couple. But I am taking deep breaths and putting his daughter and her needs before my own wishes, which is really how it should be.   I have no intention of being an evil stepmother!

[Timona 4,206]

17 minutes ago, laylalex said:

I have no intention of being an evil stepmother!

 

Atleast let her try the shoe 👠 

 

My friend's marriage certificate came after 2 months (sent in early Sept, came back in Nov). For his AOS, by good grace, we intercepted it at the Gvt Office, asked for certification and used it. 

 

[Crazy Cat 41,453]

42 minutes ago, laylalex said:

is there going to be a problem on the way out of the US?

People who leave the US don't go through immigration.......only people entering the US.  He definitely needs that marriage certificate, else, he probably won't be allowed to board a plane.

[laylalex 7,284]

10 minutes ago, Lucky Cat said:

People who leave the US don't go through immigration.......only people entering the US.  He definitely needs that marriage certificate, else, he probably won't be allowed to board a plane.

Just to be clear -- you mean board a plane at Heathrow back to LAX, right? I know this should be obvious, but this is his first time coming back in as a spouse and I'm a chronic worrier.  

[Crazy Cat 41,453]

1 hour ago, laylalex said:

Just to be clear -- you mean board a plane at Heathrow back to LAX, right? I know this should be obvious, but this is his first time coming back in as a spouse and I'm a chronic worrier.  

Correct...

[laylalex 7,284]

10 minutes ago, Lucky Cat said:

Correct...

Thank you. As I mentioned, I am a chronic worrier in even normal circumstances, and nothing is particularly normal right now. We have a window of opportunity to get him to England to see his daughter and we just took it without thinking too much about the logistics of getting back in. Last time he came in it was on his L1 and it was the usual clean sailing but that was 9 months ago. Just grateful we don't have to worry about the fact that we haven't filed AOS yet. 

 

I am certain the certificate will arrive as soon as the plane door closes....  

[Duke & Marie 1,389]

4 hours ago, laylalex said:

 

We got married on October 24th but are still waiting on our marriage certificate. Los Angeles County is notoriously slow even in good times on getting them back. I have called the county recorder's office and have been told it should be with me any day now. I ordered multiple copies for AOS, for him travelling, etc. However, the only way my husband is getting back in on his L1 without having to quarantine outside of the US for 2 weeks is if he can show he is married to me... and right now, we don't have any proof of that. In all likelihood, I will have the certificate back when he is out of the country, as his flight next Tuesday. 

no issues leaving but have you considered the issues with his returning?
 

You do realise, he’s not permitted to leave the US and return with intention of AOS? 
 

you’ve made it pretty clear there is intention to return to the US and then adjust based on your being married, this is potentially a immigration fraud situation.... 

 

I’d recommend he dosent travel until after AOS has been filed and he’s received EAD.
 

You’ve also said, he might not be able to get back in without his marriage certificate, his being newly married to you and entering the country on a visa other than CR1 might initiate refusal on entry due to his AOS risk

Edited December 10, 2020 by Duke & Marie

[JFH 12,189]

3 minutes ago, Duke & Marie said:

You do realise, he’s not permitted to leave the US and return with intention of AOS? 
 

you’ve made it pretty clear there is intention to return to the US and then adjust based on your being married, this is potentially a immigration fraud situation.... 

 

I’d recommend he dosent travel until after AOS has been filed and he’s received EAD.
 

You’ve also said, he might not be able to get back in without his marriage certificate, his being newly married to you and entering the country on a visa other than CR1 might initiate refusal on entry due to his AOS risk

He has an L-1 which is a dual intent visa. 

[laylalex 7,284]

11 minutes ago, JFH said:

He has an L-1 which is a dual intent visa. 

Thanks! Yes, he's on an L1, so he doesn't have to wait for AP to re-enter. We're just waiting on the marriage certificate to file AOS, but we are very lucky -- he can work and travel on his existing L1 until AOS is approved. 

[HRQX 4,145]

11 minutes ago, laylalex said:

so he doesn't have to wait for AP to re-enter.

Why even apply for AP? 8 CFR §245.2(a)(4)(ii)(C): "The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required). The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-4 or L-2 status shall not be deemed an abandonment of the application if the spouse or parent of such alien through whom the H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the alien remains otherwise eligible for H-4 or L-2 status, and, the alien is in possession of a valid H-4 or L-2 visa (if required). The travel outside of the United States by an applicant for adjustment of status, who is not under exclusion, deportation, or removal proceeding and who is in lawful K-3 or K-4 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien is in possession of a valid K-3 or K-4 visa and remains eligible for K-3 or K-4 status."

[laylalex 7,284]

That is an excellent point. We are going to apply for AP just in case something happens and AOS takes forever. He is now in the 2 year extension of his L1, and if we run out the clock (looks like we will file AOS at the end of the month -- the certificate is literally the only part of the application we are waiting on) in 2022, I don't want him to be in a situation where his L1 has expired and he can't get back in. That's the same reason we're applying for the EAD.

 

HOWEVER (and I see your posts frequently and you very much know your stuff @HRQX!) if you think the AP/EAD application could be put off until later on, like maybe 6 months before his L1 is up (presuming AOS isn't over by then), please let me know. One of the reasons why I thought him getting the new EAD as opposed to his existing one is that he'll no longer be tied to his employer. He likes his job a lot, but having extra flexibility would be useful. His job knows he has married me and that he is adjusting, so it won't come as any surprise if he has a new EAD. 

[designguy 1,179]

I dont think he will need the original certificate so you could just scan and email him a copy of it and then he just prints it out on his side