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Posted

Hello! I’m in a bit of a situation with the K1 visa process. 
 

We took out a marriage license in December and then we had the ceremony with the officiant on January 28th. Unfortunately the officiant made a slew of errors (things being not filled out) and now filled out with a strike through on a date in which the county clerk recorder (Los Angeles county) says it will be rejected, in which they send us an affidavit of amendment which takes one week, followed by a duplicate license which comes in 3 weeks after they receive the affidavit. At this point we will be beyond the K1 “90 days to marry” despite having actually already married, due to officiant error and the time it takes for LA county to process things. 
 

My question is: i guess I want to know my options. I’ve read around and some say we are already officially married despite not having returned the filled out license, as we still have the incorrectly filled out license and have NOT returned it to the county. How is this even possible if we never returned the paper work? We were considering going to Vegas and getting it done in 10 days or so that Vegas takes. Is this not possible due to how California law works (us being married legally despite not having returned the licensing?) 

 

if this is not an option for us, what should we expect? I’ve read that we simply have to go through with it, correct the errors and when we do the I-485 “late” we should make sure to tick the box that says she had violated immigration law, which is automatically forgiven since at this point she would be my spouse. 
 

any insight here? 
 

extra info; she’s pregnant, I know this doesn’t matter now but I like to add any info I can. Additionally; we don’t really care how long it takes her to get a green card/employment etc. We just want to do it correctly so she can stay permanently while we figure it out, we’re afraid to make mistakes. 

Filed: Citizen (apr) Country: Canada
Timeline
Posted

~~MOved to AOS Family K1/K3 P&P- from K1 P&P - the OP is at the AOS stage~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

 
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