Filing I-485 without a marriage certificate

[h & i 0]

Hi all! My Canadian Fiance arrived in the US in late April '21 and we got married in early May '21. All we need is our marriage certificate so he can file for I-485, however, DHSS has been down due to a cyberattack. His K1 visa expires in three weeks. I signed up with CitizenPath to help us with his matter and we were told that we don't have to worry about him overstaying since we're married and he can still file for I-485 even after his K1 visa expires.  The thing the throws me off is, on the USCIS website it states, "If your marriage certificate is unavailable or does not exist, submit other acceptable evidence such as church records and proof of unavailability or nonexistence". Unfortunately, we don't have church records. I was thinking of writing an affidavit, but not sure if that is enough to prove our marriage. 

 

I just want to be sure that there aren't any other options for us, so I was wondering if anyone is going through the same thing or has gone through a similar situation? Any advice is appreciated. Thanks!

 

[powerpuff 6,697]

I wouldn’t submit an application with a marriage certificate missing. That’s the whole basis for granting you a green card - marriage to a US citizen. Why put all this effort, wait 1-2 months for them to process it at the initial intake just to find out they rejected your application and sent everything back? 

[payxibka 10,045]

1 hour ago, h & i said:

Hi all! My Canadian Fiance arrived in the US in late April '21 and we got married in early May '21. All we need is our marriage certificate so he can file for I-485, however, DHSS has been down due to a cyberattack. His K1 visa expires in three weeks. I signed up with CitizenPath to help us with his matter and we were told that we don't have to worry about him overstaying since we're married and he can still file for I-485 even after his K1 visa expires.  The thing the throws me off is, on the USCIS website it states, "If your marriage certificate is unavailable or does not exist, submit other acceptable evidence such as church records and proof of unavailability or nonexistence". Unfortunately, we don't have church records. I was thinking of writing an affidavit, but not sure if that is enough to prove our marriage. 

 

I just want to be sure that there aren't any other options for us, so I was wondering if anyone is going through the same thing or has gone through a similar situation? Any advice is appreciated. Thanks!

 

An affidavit is meaningless 

[SalishSea 17,829]

4 hours ago, h & i said:

Hi all! My Canadian Fiance arrived in the US in late April '21 and we got married in early May '21. All we need is our marriage certificate so he can file for I-485, however, DHSS has been down due to a cyberattack. His K1 visa expires in three weeks. I signed up with CitizenPath to help us with his matter and we were told that we don't have to worry about him overstaying since we're married and he can still file for I-485 even after his K1 visa expires.  The thing the throws me off is, on the USCIS website it states, "If your marriage certificate is unavailable or does not exist, submit other acceptable evidence such as church records and proof of unavailability or nonexistence". Unfortunately, we don't have church records. I was thinking of writing an affidavit, but not sure if that is enough to prove our marriage. 

 

I just want to be sure that there aren't any other options for us, so I was wondering if anyone is going through the same thing or has gone through a similar situation? Any advice is appreciated. Thanks!

 

It will be a waste of time and money if you actually submit AOS paperwork without the most critical document.  

 

That quote refers to people who married 50 years ago in countries where marriages were not recorded properly, etc.  Not to the period of time between marrying and receiving the certificate.

 

Btw, his K-1 visa has already expired.  It is a one-time use visa.

[TBoneTX 45,288]

Thread is moved from the K-1 Case Progress subforum to the "AOS from K Visas" Process forum.

[h & i 0]

Thank you all

[USC4SPOUSE 506]

On 6/29/2021 at 7:07 PM, h & i said:

Hi all! My Canadian Fiance arrived in the US in late April '21 and we got married in early May '21. All we need is our marriage certificate so he can file for I-485, however, DHSS has been down due to a cyberattack. His K1 visa expires in three weeks. I signed up with CitizenPath to help us with his matter and we were told that we don't have to worry about him overstaying since we're married and he can still file for I-485 even after his K1 visa expires.  The thing the throws me off is, on the USCIS website it states, "If your marriage certificate is unavailable or does not exist, submit other acceptable evidence such as church records and proof of unavailability or nonexistence". Unfortunately, we don't have church records. I was thinking of writing an affidavit, but not sure if that is enough to prove our marriage. 

 

I just want to be sure that there aren't any other options for us, so I was wondering if anyone is going through the same thing or has gone through a similar situation? Any advice is appreciated. Thanks!

 

This is not a direct answer to your question. You said his I-94 expires in 3 weeks. He should still be able to apply for a Social Security number at the SSA. It will just make your AOS life a little bit easier down the road. 

 

[h & i 0]

On 7/1/2021 at 8:27 AM, USC4SPOUSE said:

This is not a direct answer to your question. You said his I-94 expires in 3 weeks. He should still be able to apply for a Social Security number at the SSA. It will just make your AOS life a little bit easier down the road. 

 

Hello. Unfortunately, SSA said we can no longer apply for his SSN until we get his work permit due to his visa “expiring” in less than a month. Original plan was to apply for his SSN along with his I-765 and I-485 but due to the hold off, we ended up applying  late. I wasn’t aware of the 30 day period cut-off.

[USC4SPOUSE 506]

2 minutes ago, h & i said:

Hello. Unfortunately, SSA said we can no longer apply for his SSN until we get his work permit due to his visa “expiring” in less than a month. Original plan was to apply for his SSN along with his I-765 and I-485 but due to the hold off, we ended up applying  late. I wasn’t aware of the 30 day period cut-off.

Hi!

Odd. You have 76 days to apply for SSN after entering on k-1. Thus, it’s 14 days and not 30.

you might want to try again.