Getting nervous; I-94 expiration prior to filing I-485; I-130

[usaman1999 17]

My wife and I were married on January 31st and we dropped the completed marriage license at the post office right after the ceremony. The county recorder shows that the license was recorded but they have not sent us the official copies of the license. Her I-94 expires on March 10th. I am uncomfortable with this situation as I will have little or no time to complete for forms and petitions that require an official copy of the recorded license. What is my wife's status with an approved K1, a marriage within the 90 days and the I-94 expiring in all but 13 days?

[OldUser 7,980]

21 minutes ago, usaman1999 said:

My wife and I were married on January 31st and we dropped the completed marriage license at the post office right after the ceremony. The county recorder shows that the license was recorded but they have not sent us the official copies of the license. 

Typically one has to order certified copies online or in person and pay the fees. At least this is how it works in county where I got married. Have you done that? I mean not marriage license application and fees to get married. But fees to get certified copy of marriage certificate. In many counties you can get it same day when requested in person or in few days if purchased online.

Edited 16 hours ago by OldUser

[Ontarkie 14,571]

I'd go back in and ask if they can get one ready for you while you wait. We were able to do that. Since it is late now it sure would not hurt to go look it up online to see if you can get one ordered. 

 

As for your wife's status, she will be out of status. So best to go look online or go in first thing in the morning.

[K1visaHopeful 2,897]

23 minutes ago, usaman1999 said:

My wife and I were married on January 31st and we dropped the completed marriage license at the post office right after the ceremony. The county recorder shows that the license was recorded but they have not sent us the official copies of the license.

They will send you an original or certified copy of the marriage CERTIFICATE provided you paid for one to be sent to you. 

 

A license is what is used TO GET married. 

Once married it becomes a CERTIFICATE once filed and recorded by the county regardless if it still says "license" on it.

Learning the difference in terms is important so that others can help you correctly and those silently reading aren't misinformed. 

23 minutes ago, usaman1999 said:

Her I-94 expires on March 10th. I am uncomfortable with this situation as I will have little or no time to complete for forms and petitions that require an official copy of the recorded license.

As a K1, your timeline is understood. You have 90 days to get married. It's understood that getting married ASAP as soon as you enter is ideal. 

Why haven't you completed the forms already? Compete everything, ready for mail and simply insert the required photocopies of your original or certified MC.

23 minutes ago, usaman1999 said:

 

What is my wife's status with an approved K1, a marriage within the 90 days and the I-94 expiring in all but 13 days?

K1 Visa Holder-Out of Status is her formal status and what you will enter in the forms. 

 

Please complete your timeline correctly so it can help everyone. 

Currently it shows her receiving her K1 Visa in July 2023 and arriving in the US in December 2024. That cannot be correct as that's over a year from issuance. Perhaps your dates for the I129F process are off by a year?

[usaman1999 17]

The initial K-1 expired and it was reissued and she traveled here on December 11th. I paid for certified copies of the certificate when I took out the license and the certified copies were supposed to be mailed to me. 

[Edward and Jaycel 838]

46 minutes ago, K1visaHopeful said:

K1 Visa Holder-Out of Status is her formal status and what you will enter in the forms.

@TBoneTX provided guidance from two attorneys on another post asking this the other day and they said this status should be "K-1 Entrant - Adjustment Applicant"

[K1visaHopeful 2,897]

1 hour ago, Edward and Jaycel said:

@TBoneTX provided guidance from two attorneys on another post asking this the other day and they said this status should be "K-1 Entrant - Adjustment Applicant"

That's great however it makes no mention of their current status which is what that individual question asks. 

A reminder that it's just a status. It doesn't make them illegally in the country as long as they've married their US petitioner. It just means their 90 days is up. 

Edited 14 hours ago by K1visaHopeful