Probate court delaying AOS Application - Possible Overstay on K1

[IlyaATL 1]

So here is my situation: I am a US citizen with a foreign spouse who entered the country on August 28.

 

We got Married on October the 7th and submitted our marriage license to the probate court the following Tuesday (we went to Florida for a quick getaway).

 

The probate court is telling me that it will take up to 45 days (from date of filing) for our marriage certificate to process.

 

Naturally, I am a bit worried since it is cutting it slim and we want to avoid overstay.

 

So is there anything I can do to avoid this. Maybe contact the USCIS?

 

If we submit the I-485 packet after the date stamped in her passport, will it create issues down the road (yes I know that we should avoid contact with LE between the time her visa expires and our first NOA receipt)?

 

By issues I mean: the timeline of the AOS, increased scrutiny at the interview, eligibility for an AP Travel Document, problems for her re-entering the country on her AP Travel document (we plan on going overseas this summer for family matters, but realistically we know that we will be lucky if we have our interview within a year of filing the I-485).

 

Also, do we have an option of filing I-485 without the marriage certificate, then send it over to USCIS when we get it back from the court?

 

Honestly, if I knew that it would take this long to process a marriage certificate, we would have gone straight from the airport to the probate court in order to get married lol

 

BTW, anybody who happens to read this and hast entered the US yet - be warned. Some of these probate courts take long to process marriage certificates.

 

Thank you in advance!

[Crazy Cat 41,894]

 

10 minutes ago, IlyaATL said:

BTW, anybody who happens to read this and hast entered the US yet - be warned. Some of these probate courts take long to process marriage certificates.

It is illegal to enter the US as a tourist with the intent to stay and adjust status.....Fraud and misrepresentation are serious matters.

Edited November 4, 2021 by Crazy Cat

[IlyaATL 1]

Just now, Crazy Cat said:

 

It is illegal to enter the US as a tourist with the intent to stay and adjust status.....

Sorry for the confusion. I am a US Citizen and my (now) wife entered on a K1 Fiancee Visa (must marry within 90 days of entering). My warning is to those who are waiting on their K1 visa. Or already received it, but haven't entered the US yet.

 

If you enter on a tourist visa, and suddenly meet the love of your life (who just happens to be a US Citizen), I believe that you can only marry AFTER 90 days.

 

But yes, it is illegal to enter the US on intentions other than the ones stated on your visa (and the intentions you stated in your visa interview for that matter). This applies to any visa.

[arken 4,197]

15 minutes ago, IlyaATL said:

 

By issues I mean: the timeline of the AOS, increased scrutiny at the interview, eligibility for an AP Travel Document, problems for her re-entering the country on her AP Travel document

No issues on that.

 

16 minutes ago, IlyaATL said:

do we have an option of filing I-485 without the marriage certificate, then send it over to USCIS when we get it back from the court?

Yes but it will likely be rejected and you may get the returned package after several months. Your filing date will not be retained. You will be pushing your i485 filing date even further, not recommended.

 

[Boiler 45,541]

Being married is the basis of filing to adjust.

[IlyaATL 1]

8 minutes ago, arken said:

No issues on that.

 

Yes but it will likely be rejected and you may get the returned package after several months. Your filing date will not be retained. You will be pushing your i485 filing date even further, not recommended.

 

Thanks for the answer!

 

So I take it, the best course of action would be to get the I-485 packet prepared and send it off the minute we get the Marriage certificate. If we get it before her visa expires, consider ourselves lucky, if it is after, it is what it is.

[SteveInBostonI130 3,459]

45 minutes ago, IlyaATL said:

So here is my situation: I am a US citizen with a foreign spouse who entered the country on August 28.

 

We got Married on October the 7th and submitted our marriage license to the probate court the following Tuesday (we went to Florida for a quick getaway).

 

The probate court is telling me that it will take up to 45 days (from date of filing) for our marriage certificate to process.

 

Naturally, I am a bit worried since it is cutting it slim and we want to avoid overstay.

 

So is there anything I can do to avoid this. Maybe contact the USCIS?

 

If we submit the I-485 packet after the date stamped in her passport, will it create issues down the road (yes I know that we should avoid contact with LE between the time her visa expires and our first NOA receipt)?

 

By issues I mean: the timeline of the AOS, increased scrutiny at the interview, eligibility for an AP Travel Document, problems for her re-entering the country on her AP Travel document (we plan on going overseas this summer for family matters, but realistically we know that we will be lucky if we have our interview within a year of filing the I-485).

 

Also, do we have an option of filing I-485 without the marriage certificate, then send it over to USCIS when we get it back from the court?

 

Honestly, if I knew that it would take this long to process a marriage certificate, we would have gone straight from the airport to the probate court in order to get married lol

 

BTW, anybody who happens to read this and hast entered the US yet - be warned. Some of these probate courts take long to process marriage certificates.

 

Thank you in advance!

 

The requirement is to be married within 90 days, not to file the I-485 within 90 days.  You can file later, after you receive the marriage certificate.

 

Up to 45 days is not 45 days.  Hopefully you'll get your certificate soon and not worry about being out of status.  But, again, it is ok to file the I-485 after 90 days.

 

There is no "date stamped in her passport".  Her K-1 visa expired the day she entered the US.  Her I-94 will expire in 90 days.    EDIT:  I just checked my wife's passport and they did hand-write the "until" date.

 

I-485, I-765 and I-131 will be processed normally based on the date they are submitted.  Obviously, submitting them sooner would mean getting them processed sooner.  But there is no additional delay because you filed past the I-94 expiry date.  

 

Is there no option to get the certificate from your town clerk in GA?  In MA our town clerk had our certificate ready in 2 days.

 

Edited November 4, 2021 by SteveInBostonI130
Corrected information

[IlyaATL 1]

2 minutes ago, SteveInBostonI130 said:

 

Is there no option to get the certificate from your town clerk in GA?  In MA our town clerk had our certificate ready in 2 days.

 

Thanks for the advice! It's worth a shot if anything. But the probate court usually processes those things down in Georgia. Plus, this is Fulton County (those who have lived here know our struggle).

 

To clarify, their exact quote was "between 30 days and 45 days". But knowing how the local bureaucracy works, you always have to prepare yourself for the worst-case scenario.

[SalishSea 17,839]

Why would you need to go through a probate court for a marriage license?  Probate court exists to oversee the legal process after someone has died.

[Redro 4,611]

15 minutes ago, Jorgedig said:

Why would you need to go through a probate court for a marriage license?  Probate court exists to oversee the legal process after someone has died.

Georgia does things differently I guess?

 

"The signed marriage license should be returned to the probate court within 30 days of the ceremony. You will then receive your marriage certificate in the mail within 30 days."

https://georgia.gov/apply-marriage-license

 

When we got married in Michigan, we got everything done in one day. So, I think the applicants involved should always check the procedure for getting married in their particular state and if it could take too long get married in another state.

[mushroomspore 3,044]

2 hours ago, IlyaATL said:

If you enter on a tourist visa, and suddenly meet the love of your life (who just happens to be a US Citizen), I believe that you can only marry AFTER 90 days.

Untrue. There's no time restrictions or requirements on marriage to a US citizen for those who enter on a tourist visa. The only thing that matters with US tourist visas and marriage is that you don't enter on a tourist visa with the preconceived plan to marry and stay to adjust status. People enter on tourist visas to get married here all the time and some even do it just days after. I got married to my husband a month and a half-ish after I entered as a tourist a few years ago. A lawyer then told we could do AOS so we did and now I'm a citizen. 

Edited November 5, 2021 by mushroomspore

[Adventine 3,196]

1 hour ago, mushroomspore said:

Untrue. There's no time restrictions or requirements on marriage to a US citizen for those who enter on a tourist visa. The only thing that matters with US tourist visas and marriage is that you don't enter on a tourist visa with the preconceived plan to marry and stay to adjust status. People enter on tourist visas to get married here all the time and some even do it just days after. I got married to my husband a month and a half-ish after I entered as a tourist a few years ago. A lawyer then told we could do AOS so we did and now I'm a citizen. 

 

This is correct. I also entered the US for tourism, then 2 weeks later my country imposed a stricter lockdown and my flights got cancelled. It was the last straw for me and my fiance, so we married and filed for AOS. I have my green card now.

[Sarge2155 4,587]

8 hours ago, Jorgedig said:

Why would you need to go through a probate court for a marriage license?  Probate court exists to oversee the legal process after someone has died.

That's what I was thinking a marriage license going through Probate....weird and strange, but I do realize each state is different!

[Carpe Vinum 2,327]

11 hours ago, SteveInBostonI130 said:

 

The requirement is to be married within 90 days, not to file the I-485 within 90 days.  You can file later, after you receive the marriage certificate.

 

Up to 45 days is not 45 days.  Hopefully you'll get your certificate soon and not worry about being out of status.  But, again, it is ok to file the I-485 after 90 days.

 

There is no "date stamped in her passport".  Her K-1 visa expired the day she entered the US.  Her I-94 will expire in 90 days.    EDIT:  I just checked my wife's passport and they did hand-write the "until" date.

 

I-485, I-765 and I-131 will be processed normally based on the date they are submitted.  Obviously, submitting them sooner would mean getting them processed sooner.  But there is no additional delay because you filed past the I-94 expiry date.  

 

Is there no option to get the certificate from your town clerk in GA?  In MA our town clerk had our certificate ready in 2 days.

 

In my first K-1 marriage we married within the 90 day window and filed the 485 after 90 days. No issues at all. I've commented on this here in the distant past. No idea why we waited past the 90 days to file.

 

On a side note maybe Georgia is just more honest about marriage by using the Probate court to issue marriage certificates) I'll show myself out.

[carmel34 3,634]

11 hours ago, Jorgedig said:

Why would you need to go through a probate court for a marriage license?  Probate court exists to oversee the legal process after someone has died.

In Georgia, marriage license applications are done in probate courts in each county, they also issue the marriage certificates.    Probate courts here also deal with traditional estate settlements, death certificates, and a few others:

 

Birth Certificates
Death Certificates
Decedent's Estate
Guardianship/Conservatorship
Marriage Licenses/Certificates
Weapons Carry Licenses