Sending in AOS without marriage certificate

[someonetookmyname 2]

Hi,

 

We got married yesterday and were ready to post our full AOS package tomorrow after obtaining the marriage certificate. However, the clerk said that the certificate may take 3 weeks to arrive. My current I-94 is expiring on the 28th of March and I am worried if that I don't send in the package before this date, it may cause issues. 

 

I was thinking, would it be possible to send in the forms without marriage certificate and send when it does arrive? 

 

I have read that overstays are forgiven for spouses of US citizens if under 180 days. Is there a statement or article on the USCIS that confirms this?

 

 

[Ayrton 965]

16 minutes ago, someonetookmyname said:

Hi,

 

We got married yesterday and were ready to post our full AOS package tomorrow after obtaining the marriage certificate. However, the clerk said that the certificate may take 3 weeks to arrive. My current I-94 is expiring on the 28th of March and I am worried if that I don't send in the package before this date, it may cause issues. 

 

I was thinking, would it be possible to send in the forms without marriage certificate and send when it does arrive? 

 

I have read that overstays are forgiven for spouses of US citizens if under 180 days. Is there a statement or article on the USCIS that confirms this?

 

 

Marriage certificate is a must, your package will be either rejected or denied when the officer take a better look into it.

 

You must wait for the certificate before sending the package. Overstay is forgiven for spouses of USC, no matter how long the overstay is.

[Dashinka 24,687]

I agree, an AOS package will be rejected outright without a marriage certificate.

 

Good Luck!

[SalishSea 18,015]

58 minutes ago, someonetookmyname said:

Hi,

 

We got married yesterday and were ready to post our full AOS package tomorrow after obtaining the marriage certificate. However, the clerk said that the certificate may take 3 weeks to arrive. My current I-94 is expiring on the 28th of March and I am worried if that I don't send in the package before this date, it may cause issues. 

 

I was thinking, would it be possible to send in the forms without marriage certificate and send when it does arrive? 

 

I have read that overstays are forgiven for spouses of US citizens if under 180 days. Is there a statement or article on the USCIS that confirms this?

 

 

Don't do it.  It will be rejected outright, and cost you extra time and possibly money.  This is a reason why waiting until the bitter end of the 90 days to marry isn't a great idea.

[someonetookmyname 2]

1 hour ago, Jorgedig said:

Don't do it.  It will be rejected outright, and cost you extra time and possibly money.  This is a reason why waiting until the bitter end of the 90 days to marry isn't a great idea.

It was honestly in our minds to get married until a few weeks ago and the nearest wedding date available was yesterday. But yes, I won't send it 

[someonetookmyname 2]

2 hours ago, Ayrton said:

Marriage certificate is a must, your package will be either rejected or denied when the officer take a better look into it.

 

You must wait for the certificate before sending the package. Overstay is forgiven for spouses of USC, no matter how long the overstay is.

Is there something on the USCIS website that overstays are forgiven? Or anything related to it 

[Paul Hanaki 72]

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-4

 

[Bob in Boston 764]

15 hours ago, someonetookmyname said:

Is there something on the USCIS website that overstays are forgiven? Or anything related to it 

My wife overstayed by 24 years..... never a question about it. Just need that 94.

[someonetookmyname 2]

5 hours ago, Bob in Boston said:

My wife overstayed by 24 years..... never a question about it. Just need that 94.

24 years woah. Do you mean the I-94? Is that to show you came in legally? 

16 hours ago, Paul Hanaki said:

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-4

 

Thank you! Does this also apply to unauthorised work?

[Bob in Boston 764]

33 minutes ago, someonetookmyname said:

24 years woah. Do you mean the I-94? Is that to show you came in legally? 

yes, we had a hard time getting it due to early 90s not computerized and was not sure of other info. Had to try 4 times with I102

[someonetookmyname 2]

Must of been more difficult at the time because of that but laws were more lenient back then too, I think 

[SalishSea 18,015]

3 hours ago, someonetookmyname said:

24 years woah. Do you mean the I-94? Is that to show you came in legally? 

Thank you! Does this also apply to unauthorised work?

Do not work without an EAD.

[someonetookmyname 2]

3 minutes ago, Jorgedig said:

Do not work without an EAD.

I don't plan to, I was just curious because people keep saying its forgiven but that seems illogical 

[Paul Hanaki 72]

22 hours ago, someonetookmyname said:

I don't plan to, I was just curious because people keep saying its forgiven but that seems illogical 

Yes it is forgiven for immediate relatives. The forgiveness is immigration related only and not criminal  https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-6

 

With certain exceptions, an alien is barred from adjusting status if:

• He or she continues in or accepts unauthorized employment prior to filing an application for adjustment of status; ^[1] or

• He or she has ever engaged in unauthorized employment, whether before or after filing an adjustment application. ^[2] 

These bars apply not only to unauthorized employment since an applicant’s most recent entry but also to unauthorized employment during any previous periods of stay in the United States. ^[3] 

As previously discussed, the INA 245(c)(2) and INA 245(c)(8) bars to adjustment do not apply to: ^[4] 

• Immediate relatives;

• Violence Against Women Act (VAWA)-based applicants;

• Certain physicians and their accompanying spouse and children; ^[5] 

• Certain G-4 international organization employees, NATO-6 employees, and their family members; ^[6] 

• Special immigrant juveniles; ^[7] or

• Certain members of the U.S. armed forces and their accompanying spouse and children. ^[8] 

[Paul Hanaki 72]

22 hours ago, someonetookmyname said:

I don't plan to, I was just curious because people keep saying its forgiven but that seems illogical 

One thing you can't do is claim to be a US citizen while working.

 

An employer made a job offer to an alien who did not have employment authorization. In completing the USCIS Form I-9, the alien marked the box claiming U.S. citizenship with the intent to avoid the need to obtain and present a valid and unexpired employment authorization document. The alien is inadmissible since the alien made the false claim for the purpose of avoiding additional requirements under the immigration laws.^[35]