Is Marriage Certificate really needed for AOS I-485?

[almendez 0]

Hello all,

 

My Fiancé and I got married here in Los Angeles last August 8. She came here in the U.S. under K-1 Visa in June 10. We are now looking into filing for Adjustment of Status for her Green Card. (Just an FYI, my wife changed her last name to mine)

 

The process for Marriage Certificate here in Los Angeles takes about 6-8 weeks (probably longer). I have done some research here and other websites saying that a Marriage Certificate is really needed for filing AOS. I have consulted Visa services and immigration lawyers and they all mentioned that we can file now without the Marriage Certificate and just submit my my Customer Copy of Marriage License that I got from getting the Marriage License form and signed by the Officiant of my Wedding.

I have read the I-485 instructions and on Page 9 it is stated: 
"If you are unable to submit the required primary evidence (for example, a birth certificate or marriage certificate), you may provide secondary evidence (for example, church or school records) instead if you can explain why the primary evidence is unavailable.  If you are unable to submit secondary evidence, you may submit two or more affidavits, sworn to or affirmed by individuals who are not parties to the immigration benefit sought and who have direct personal knowledge of the event and circumstances.  You must also explain why primary and secondary evidence are unavailable."

 

So now, I am confused. for my understanding right now, Marriage Certificate is required as a primary evidence, but I can submit a secondary evidence such as my Customer Copy of Marriage License along with photos, and records from the officiant?

 

Also, my wife's I-94 is about the expire on Sept 7. Is there any difference on filing AOS between unexpired and expired I-94? and if my wifes I-94 expired,  Is she still ok to stay here in the U.S?

 

When you receive and RFE, is the delay really that long even if you have the evidence and sent to USCIS right away?

 

Just to let you guys know that the reason why we are a bit rushing is that my wife I-94 is about to expire, she would like to work right away and to also get a SSN to be able to acquire drivers license.

Just seeking some clarifications on this and If anyone here has filed for AOS and  had or have the same situation now. I thank you all in advance.

 

Edited August 23, 2022 by almendez

[milimelo 4,481]

You have to have the marriage certificate. No ands ifs or buts. If working from get go was the priority you picked the wrong visa, should have married overseas and done immigrant visa. 
SSN doesn’t give you right to work - you still need and EAD (about 8 months wait time after you send in AOS) or green card. 

[EatBulaga 315]

Yes, include the Marriage Certificate.

Yes, USCIS may send you a RFE for the Marriage Certificate if you did not include it with the original AOS filing.

 

Many couples fail to anticipate the bottleneck wait-time to get the Marriage Certificate. That is why many do the Las Vegas marriage to get the Marriage Certificate sooner.

 

Best to file the I-485 before the I-94 expires.

Edited August 23, 2022 by EatBulaga

[P055UM 281]

You do need the marriage certificate, but missing it will only cause an RFE. I got an RFE during I485 - not for marriage certificate - but it probably caused a 4 month delay to my case. 
 

If you don’t file before the I-94 expires, your wife is then out of status and is running a higher risk of being removed from the country. There are several stories here on VJ of people delaying filing to beyond the I94 and the beneficiary getting in trouble and maybe being removed.

 

imo, the RFE is inconvenient, filing after the I94 is a potentially life-changing and unnecessary risk. 
 

good luck! 

[Crazy Cat 41,884]

5 hours ago, almendez said:

Hello all,

 

My Fiancé and I got married here in Los Angeles last August 8. She came here in the U.S. under K-1 Visa in June 10. We are now looking into filing for Adjustment of Status for her Green Card. (Just an FYI, my wife changed her last name to mine)

 

The process for Marriage Certificate here in Los Angeles takes about 6-8 weeks (probably longer). I have done some research here and other websites saying that a Marriage Certificate is really needed for filing AOS. I have consulted Visa services and immigration lawyers and they all mentioned that we can file now without the Marriage Certificate and just submit my my Customer Copy of Marriage License that I got from getting the Marriage License form and signed by the Officiant of my Wedding.

I have read the I-485 instructions and on Page 9 it is stated: 
"If you are unable to submit the required primary evidence (for example, a birth certificate or marriage certificate), you may provide secondary evidence (for example, church or school records) instead if you can explain why the primary evidence is unavailable.  If you are unable to submit secondary evidence, you may submit two or more affidavits, sworn to or affirmed by individuals who are not parties to the immigration benefit sought and who have direct personal knowledge of the event and circumstances.  You must also explain why primary and secondary evidence are unavailable."

 

So now, I am confused. for my understanding right now, Marriage Certificate is required as a primary evidence, but I can submit a secondary evidence such as my Customer Copy of Marriage License along with photos, and records from the officiant?

 

Also, my wife's I-94 is about the expire on Sept 7. Is there any difference on filing AOS between unexpired and expired I-94? and if my wifes I-94 expired,  Is she still ok to stay here in the U.S?

 

When you receive and RFE, is the delay really that long even if you have the evidence and sent to USCIS right away?

 

Just to let you guys know that the reason why we are a bit rushing is that my wife I-94 is about to expire, she would like to work right away and to also get a SSN to be able to acquire drivers license.

Just seeking some clarifications on this and If anyone here has filed for AOS and  had or have the same situation now. I thank you all in advance.

 

The marriage is the sole basis for the adjustment of status.  It MUST be submitted, else problems will arise.

Edited August 23, 2022 by Crazy Cat

[Mike E 11,739]

We’ve known for years that LA county was a problem and we have advised K-1s and those on a B-1 status to not get married in LA county.  
 

I-485 won’t be approved with a marriage certificate and might even be rejected instead of getting an RFE.  
 

 

[Crazy Cat 41,884]

8 hours ago, AW1704 said:

You do need the marriage certificate, but missing it will only cause an RFE.

USCIS has discretion when a case appears to have been sent as a placeholder (vital documents omitted).  They could issue an immediate denial. 

Edited August 23, 2022 by Crazy Cat

[powerpuff 6,704]

~~ Topic moved from AOS K1 Progress Reports to Process ~~
 

Not including the marriage certificate is not an option here. You have to remember that I-485 is used for other types of applicants as well and the statement about secondary evidence concerns those cases where it’s legitimately not possible to obtain records due to reasons such as war, certain countries not issuing documents prior to year XYZ, etc. 

 

I always say that submitting AOS after I-94 is not a good idea but your wife will not have to leave the US because of that. Overstays are forgiven for spouses of US citizens. Just take precautions and don’t travel near the US borders or engage is risky behavior that would break laws. 

Edited August 23, 2022 by powerpuff

[PWB 213]

Add that to the list as to why you should do a CR1 instead of K1.

[P055UM 281]

43 minutes ago, Crazy Cat said:

USCIS has discretion when a case appears to have been sent as a placeholder (vital documents omitted).  They could issue an immediate denial. 

Fair enough. The words ‘rock’ and ‘hard place’ come to mind. 

[Timona 4,207]

You can go back or call the clerk's office where you submitted your MC and ask for a certified copy. Use that certified copy for AOS. It does the same job. It's $10 or less for the certified copy. You can get it today, just call the clerk's...been there for a friend, done that. 

 

And why do people say "last August 08" when they're talking about this past August 08. Last August 08 refers to 2021 🤦🏽‍♂️

[Sarge2155 4,587]

4 hours ago, Timona said:

 

And why do people say "last August 08" when they're talking about this past August 08. Last August 08 refers to 2021 🤦🏽‍♂️

Different language and different ways of saying it, just like there are different ways to write a date. It depends on where you come from!

[almendez 0]

Thank you all for the replies.

 

So what should i do now? File for AOS now and risk the RFE?

 

or wait for my marriage certificate to be available and then file for AOS?

[EM_Vandaveer 2,408]

5 hours ago, Timona said:

You can go back or call the clerk's office where you submitted your MC and ask for a certified copy. Use that certified copy for AOS. It does the same job. It's $10 or less for the certified copy. You can get it today, just call the clerk's...been there for a friend, done that. 

 

And why do people say "last August 08" when they're talking about this past August 08. Last August 08 refers to 2021 🤦🏽‍♂️

OP, there's your answer @almendez

[almendez 0]

9 minutes ago, EM_Vandaveer said:

OP, there's your answer @almendez

Right. Im actually on my way to Norwalk, CA where my marriage license was submitted. I have liitle hope of getting certified copy today, but it could be worth a shot.