Probate court delaying AOS Application - Possible Overstay on K1

[retheem 566]

15 hours ago, Crazy Cat said:

 

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

Lol but intent was determined at the port of entry, so your point is mute. It's neither here nor there at this point

 

15 hours 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!

You are in good time, wait for your certificate. Once you have it, file the AOS package and you should be good.

[IlyaATL 1]

13 hours 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. 

They changed it a few years ago I believe. You are correct - you used to be able to file for AOS on literally the same day you entered the US. Now, you have to wait at least 90 days from entry to file AOS. Judging by the fact you are a citizen, you probably went through the process before they implemented that rule regarding B visas. K visas are not covered by that rule.

[Crazy Cat 41,884]

30 minutes ago, retheem said:

Lol but intent was determined at the port of entry, so your point is mute. It's neither here nor there at this point

 

LOL!!!   The OP 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."   My statement was applicable.  

Edited November 5, 2021 by Crazy Cat

[dwheels76 5,468]

16 hours ago, IlyaATL said:

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.

Your Visa is voided the minute she was processed at airport.It's a one entry visa. So don't focus on that. Also don;t work about being in trouble on an overstay doesn't apply she is now married to a USC overstay is forgiven. All is fine. Just be ready to file when you have all your ducks in a row. No worries.

[JeanneAdil 6,510]

Florida marriage certificates from June 6, 1927 to present that have been recorded by the Clerk of Circuit Court are available through the Bureau of Vital Statistics. The certificate is issued as an abstract of the information taken from the marriage license and is acceptable as evidence that a marriage was finalized and recorded.

After the ceremony, the marriage license is returned to the Clerk of Circuit Court to be filed and recorded. The Clerk will then forward the marriage record to the Bureau of Vital Statistics for permanent filing. 

 

http://www.floridahealth.gov/certificates/certificates/marriage/index.html

[dwheels76 5,468]

17 minutes ago, JeanneAdil said:

Florida marriage certificates from June 6, 1927 to present that have been recorded by the Clerk of Circuit Court are available through the Bureau of Vital Statistics. The certificate is issued as an abstract of the information taken from the marriage license and is acceptable as evidence that a marriage was finalized and recorded.

After the ceremony, the marriage license is returned to the Clerk of Circuit Court to be filed and recorded. The Clerk will then forward the marriage record to the Bureau of Vital Statistics for permanent filing. 

 

http://www.floridahealth.gov/certificates/certificates/marriage/index.html

They married in Georgia. Honeymoon was in Florida.

[mushroomspore 3,044]

4 hours ago, IlyaATL said:

They changed it a few years ago I believe. You are correct - you used to be able to file for AOS on literally the same day you entered the US. Now, you have to wait at least 90 days from entry to file AOS. Judging by the fact you are a citizen, you probably went through the process before they implemented that rule regarding B visas. K visas are not covered by that rule.

And what is your source for this? Please provide an official link as I've been on this forum since 2017 and have not heard of this at all. There is literally nothing about this "90-day" wait in the I-130 and I-485 instructions. User @Adventine posted on the first thread page that they got married when the pandemic first hit and filed for AOS immediately, which would have been only a year and a half ago. There is no "90-day" wait rule with AOS from B-visas. It's incorrect information.

Edited November 5, 2021 by mushroomspore

[Crazy Cat 41,884]

4 hours ago, IlyaATL said:

Now, you have to wait at least 90 days from entry to file AOS.

This is not accurate.  There is no 90 rule for USCIS.  Please reference a case which has been denied because the couple failed to wait 90 days.  How would a 90 day wait change what the intent was when entering the country? 

[SalishSea 17,833]

5 hours ago, IlyaATL said:

They changed it a few years ago I believe. You are correct - you used to be able to file for AOS on literally the same day you entered the US. Now, you have to wait at least 90 days from entry to file AOS. Judging by the fact you are a citizen, you probably went through the process before they implemented that rule regarding B visas. K visas are not covered by that rule.

This is incorrect.

[Adventine 3,196]

1 hour ago, mushroomspore said:

And what is your source for this? Please provide an official link as I've been on this forum since 2017 and have not heard of this at all. There is literally nothing about this "90-day" wait in the I-130 and I-485 instructions. User @Adventine posted on the first thread page that they got married when the pandemic first hit and filed for AOS immediately, which would have been only a year and a half ago. There is no "90-day" wait rule with AOS from B-visas. It's incorrect information.

I agree with you, there is no 90-day rule in the AOS instructions. This is why we were confident about filing AOS.

 

One small correction: I got married this year, 2021, well after the pandemic hit and just when I thought my country's lockdown restrictions couldn't get any stricter... and then they did 🙃

[mushroomspore 3,044]

6 minutes ago, Adventine said:

I agree with you, there is no 90-day rule in the AOS instructions. This is why we were confident about filing AOS.

 

One small correction: I got married this year, 2021, well after the pandemic hit and just when I thought my country's lockdown restrictions couldn't get any stricter... and then they did 🙃

Oh gotcha on getting married this year, which only solidifies the fact that there's no 90-day waiting period. That info would have been plastered all over VJ if it was true.