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

[retheem 564]

15 hours ago, laylalex said:

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. 

It is a federal offence to travel out of the country without your marriage certificate. That should get you worried now lol. Just kidding

[Boiler 45,468]

[laylalex 7,284]

1 hour ago, Boiler said:

I don't smoke! Also I'm not a brunette.

[Boiler 45,468]

vape?

 

wig?

[laylalex 7,284]

1 hour ago, Boiler said:

vape?

 

wig?

We no longer have any vaping products in this household. COVID did one thing -- it stopped his vaping, which he'd turned to after giving up cigarettes. No one smokes anything here any more. 

 

Wigs I have less of a problem with! We are extremely lucky to have an excellent co-parenting relationship with his ex, and after his quarantine (and we hope all clear) he will be staying in the spare bedroom in her house. Not having to worry about the certificate (too much) is a great relief. 

[Boiler 45,468]

I can not post on the correct thread

Edited December 11, 2020 by Boiler

[laylalex 7,284]

1 hour ago, Boiler said:

I can not post on the correct thread

What was the correct thread? I'm so curious. 

[HRQX 4,145]

19 minutes ago, laylalex said:

What was the correct thread? I'm so curious. 

See below, as that is what Boiler's recent post in your thread initially said before the edit:

 

[laylalex 7,284]

Well I finally got the marriage certificate, and I was able to Fedex him a copy to have on him. I also sent a color copy of my passport and my birth certificate and he has a copy of the Presidential Proclamation as advised on VJ. I just filed the AOS the other day for him but don't have a NOA1 yet. Is there any point in him bringing a copy of the NOA1 if we get it before he heads back, or is it going to be enough with what he has? 

[Ayrton 965]

On 12/26/2020 at 9:27 PM, laylalex said:

Well I finally got the marriage certificate, and I was able to Fedex him a copy to have on him. I also sent a color copy of my passport and my birth certificate and he has a copy of the Presidential Proclamation as advised on VJ. I just filed the AOS the other day for him but don't have a NOA1 yet. Is there any point in him bringing a copy of the NOA1 if we get it before he heads back, or is it going to be enough with what he has? 

You sent his AOS paperwork while he was out of the country?

 

I don't know the rules of L1, but that makes no sense to me. How is he changing his status if he currently doesn't have one since he's out of the country? He has to fill out on the form his last entry to adjust status from the last entry.

[Orangesapples 1,954]

13 minutes ago, Ayrton said:

You sent his AOS paperwork while he was out of the country?

 

I don't know the rules of L1, but that makes no sense to me. How is he changing his status if he currently doesn't have one since he's out of the country? He has to fill out on the form his last entry to adjust status from the last entry.

Maybe he signed it while he was in the US? 

[laylalex 7,284]

Just now, Orangesapples said:

Maybe he signed it while he was in the US? 

We prepped everything while he was still here. We were literally just waiting for the marriage certificate to show up, everything was signed and dated shortly before he left. 

[HRQX 4,145]

1 hour ago, laylalex said:

everything was signed and dated shortly before he left. 

Date of signature isn't relevant. It's date of when applications arrive at Lockbox that matters per 8 CFR § 103.2(a)(7)(i)

Quote

USCIS will consider a benefit request received and will record the receipt date as of the actual date of receipt at the location designated for filing such benefit request whether electronically or in paper format.

 

Can you try "stop payment" on the payment method?

[Boiler 45,468]

33 minutes ago, HRQX said:

Date of signature isn't relevant. It's date of when applications arrive at Lockbox that matters per 8 CFR § 103.2(a)(7)(i)

 

Can you try "stop payment" on the payment method?

He ha a L and is not using Adjustment benefit

[HRQX 4,145]

8 minutes ago, Boiler said:

He ha a L and is not using Adjustment benefit

Still the day it arrives at Lockbox is what matters. If the I-485 applicant is out of the country on that day, then there is no status to adjust from. INA is very clear.

Edited January 1, 2021 by HRQX