Travel before applying for AOS

[lovinglive 24]

55 minutes ago, Jorgedig said:

Then that’s your personal decision, based on your own tolerance for risk.   It is not a chance-based system or a question anyone here can answer.

Thanks, actually many people were able to provide useful answers.

[Family 3,904]

1 hour ago, lovinglive said:

just to be clear, if we do a marriage ceremony at the courthouse, and it is already past the I-94 expiry, is there also a risk of getting in legal trouble at the court house itself?  It seems there are police there as well.

I hope you enjoy a bit of peace of mind and know that after lots of legal challenges, ICE has been forced to respect courts as protected spaces.

https://www.ice.gov/about-ice/ero/protected-areas

 

https://www.npr.org/2021/04/27/991460979/biden-administration-limits-power-of-ice-to-arrest-immigrants-in-courthouses

 

 

[Rocio0010 5,579]

17 minutes ago, lovinglive said:

why we don't have the option not to answer!  

You do have the option. But sometimes giving the whole picture opens some possibilities you did not know they were open. Anyhow, good luck.

[JKLSemicolon 409]

4 hours ago, Family said:

No matter where you marry, you will get a copy in hand which can be used to file the I-485..for purposes of getting a quick receipt notice. Just do a quick Google search for your local area and you will find many “ mobile” officiants , usually traveling Notaries that also licensed to perform marriages, for less $, than this link ( that includes a bit of venue and party ) https://www.1hourmarriage.com/?gclid=Cj0KCQjw4uaUBhC8ARIsANUuDjVBIbEY6XQYAVTVx8rsSfO3z6zhXeHl3SC526LQRODvB5udkz4N6bUaAmb5EALw_wcB

 

You will then request Certified Copies ( get a few )  of the marriage certificate ( which usually take approximately 3 weeks) . Please note this is true for the quick Vegas marriage as well, and you will need to follow up for the Certified Copies. 

 

Additionally, you will receive an RFE for the Certified Copy of the marriage certificate…and will have no problem providing USCIS a copy of the certified copy at that time. 

 

 

 

When we took our marriage certificate to the County Clerk’s office to have it recorded, I was able to get certified copies made and in hand that same day. This was during the pandemic. So it really depends on where one lives.

[Loren Y 2,755]

7 hours ago, Family said:

Please note this is true for the quick Vegas marriage as well, and you will need to follow up for the Certified Copies

I can have certified copies in the same day, I request them when I file the marriage license. I can pick people up at the airport, drive them to the License bureau (10 Min) for license, drive to Symphony Park ( I do many marriages there), walk or drive to the county clerks office ( It's that close to the park) , record and get certified copies in hand then and now. Only time you need to wait is if you do it on Sunday, Clerks office isn't open that day, and I can get them first thing Monday morning.

Edited June 4, 2022 by Loren Y

[Family 3,904]

9 minutes ago, Loren Y said:

can have certified copies in the same day, I request them when I file the marriage license. I can pick people up at the airport, drive them to the License bureau (10 Min) for license, drive to Symphony Park ( I do many marriages there), walk or drive to the county clerks office ( It's that close to the park) , record and get certified copies in hand then and now. Only time you need to wait is if you do it on Sunday, Clerks office isn't open that day, and I can get them first thing Monday morning.

You offer the service free for VJ members and that is lovely. I commend you. Thank you for clarifying how you manage to get them Certified Copy in hand in an hour. …
 

[brii 34]

22 hours ago, lovinglive said:

Yes, thanks, we need to travel after the i-94 expires, that's why I'm asking.

I would choose wisely about your decision. Save the travels if you have the choice.

[Redro 4,611]

On 6/3/2022 at 10:17 PM, lovinglive said:

Hello everyone, 

 

My fiance and I have decided to apply for AOS instead of spousal visa.   But we will not be able to do the wedding and submit the AOS application before my fiance's visa entry expires.  I read before that there is a small chance that my fiance could be detained for overstaying her visa.  But we also need to travel before our wedding.  Will it be a problem to take flights after the visa entry expires?  Would we be better to stick to other forms of transport?  Thanks in advance for any thoughts or experience you have.

Check the rules of the state you plan to marry in. 

I believe some counties and some states require an unexpired I-94... 

You might not be able to get married in your state if your partner overstays. 

I would get married ASAP (this week or next). 

If you cannot get married in your area either message @Loren Y and get married in Vegas or get married via Utah. 

Good luck with the AOS! I hope you don't encounter any other roadblocks. 

Edited June 5, 2022 by ROK2USA

[lovinglive 24]

On 6/3/2022 at 3:50 PM, Demise said:

You killed the I-129F by not filing in time. File I-130, I-485, I-765, I-131, I-864, and I-693. When she flies have the receipt letter from I-485 with you since it'll serve as proof that she is legally in US by the virtue of being an applicant for AOS.

Hi, I thought the I-129F is only for applying for a fiance visa when the fiance is still overseas?

[Demise 1,257]

21 minutes ago, lovinglive said:

Hi, I thought the I-129F is only for applying for a fiance visa when the fiance is still overseas?

Yeah the thing is that I-129F is weird. Basically it serves as both the application to get your fiance a K-1, they come to US, you marry within 90 days, and when you file I-485 the I-129F is actually also used as a green card petition and gets included as it were one.

 

If for some reason you marry late, after the 90 day window, then your fiance can still adjust, but you will need to include an I-130 since the I-129F is no longer good for AOS.

[lovinglive 24]

On 6/4/2022 at 11:32 PM, ROK2USA said:

Check the rules of the state you plan to marry in. 

I believe some counties and some states require an unexpired I-94... 

You might not be able to get married in your state if your partner overstays. 

I would get married ASAP (this week or next). 

If you cannot get married in your area either message @Loren Y and get married in Vegas or get married via Utah. 

Good luck with the AOS! I hope you don't encounter any other roadblocks. 

Hi, thanks, I did not see this response.  We already have a marriage license so the only way it would not work out would be if the person doing the wedding ceremony refused to do it.  And I guess you could have trouble registering it at the County Clerk's office?  Not sure how likely those are?

[lovinglive 24]

21 minutes ago, Demise said:

Yeah the thing is that I-129F is weird. Basically it serves as both the application to get your fiance a K-1, they come to US, you marry within 90 days, and when you file I-485 the I-129F is actually also used as a green card petition and gets included as it were one.

 

If for some reason you marry late, after the 90 day window, then your fiance can still adjust, but you will need to include an I-130 since the I-129F is no longer good for AOS.

My fiance is on a B2 visa so it's not related to K-1...

 

What about the option of filing an extension with form I-539 until we are able to file the I-485?  Is that allowed? 

[Demise 1,257]

1 hour ago, lovinglive said:

My fiance is on a B2 visa so it's not related to K-1...

 

What about the option of filing an extension with form I-539 until we are able to file the I-485?  Is that allowed? 

Oh okay. Honestly I wouldn't bother with I-539 since well trying to extend a period of admission as a tourist while she is trying to adjust can constitute fraud.

 

Try your best to tie the knot and file for AOS as soon as you can while she is still in status, but if falls out of it, it won't be a big deal, she will still be allowed to adjust.

[SalishSea 17,639]

On 6/6/2022 at 9:53 AM, lovinglive said:

My fiance is on a B2 visa so it's not related to K-1...

 

What about the option of filing an extension with form I-539 until we are able to file the I-485?  Is that allowed? 

So she’s claiming to NOT  have immigrant intentions (as required for the B2, for which she wants an extension), yet is planning to stay and adjust status?

 

Do you really not see the issue here!?

[Quell 3]

On 6/3/2022 at 9:17 AM, lovinglive said:

Hello everyone, 

 

My fiance and I have decided to apply for AOS instead of spousal visa.   But we will not be able to do the wedding and submit the AOS application before my fiance's visa entry expires.  I read before that there is a small chance that my fiance could be detained for overstaying her visa.  But we also need to travel before our wedding.  Will it be a problem to take flights after the visa entry expires?  Would we be better to stick to other forms of transport?  Thanks in advance for any thoughts or experience you have.

I'm confused! Did you file original paperwork in order to do AOS?? why mention visa if she's already on a visa? And where are you traveling?? Out of the country?? You should be able prioritize her legal status over traveling unnecessarily.