Applying for Adjustment of Status after K1 Visa

[Nicola & Matt 1]

Hello

I came to the USA on 18th September on a K1 Visa. My boyfriend and I got married last month and my I-94 expires on Sunday (16th December) When do i need to file my AOS, is it before the I-94 expires or do i have longer? The reason I am asking is because i have all of the AOS ready to file but have misplaced my marriage licence. I need to go down to the courthouse to get a certified copy but my husband is working away and he needs to be with me in order to get one.

I'm starting to really panic

Any help wpuld be greatly appreciated

Thanks

Nicola

[pieroot 43]

you had 90 days to get married, which you did. You can file for AOS anytime after, but I wouldn't delay if I were you. Make sure you obtain your official marriage certificate for the AOS application, not the license okay?

good luck.

[Hypnos 6,576]

As stated, you only need to marry within the 90 days to fulfill the requirements of the K-1, but you will be out of status from the time your I-94 expires to when your AoS package is accepted for processing by USCIS.

What state are you in? Usually either spouse is capable of getting a copy of their marriage certificate from the county clerk that issued it.

[actob99 156]

I agree, you don't need your husband to get a copy of your license certificate. Just bring your passport and no problem.

[Nicola & Matt 1]

As stated, you only need to marry within the 90 days to fulfill the requirements of the K-1, but you will be out of status from the time your I-94 expires to when your AoS package is accepted for processing by USCIS.

What state are you in? Usually either spouse is capable of getting a copy of their marriage certificate from the county clerk that issued it.

Thanks for your response, i'm in Pennsylvania. I spent an hour trying to get through to somebody at the USCIS today only to be told i need to make an appointment with somebody in their Philly office. Won't i get into trouble if i am out of status?

Sorry to sound stupid, i just want to get this right

you had 90 days to get married, which you did. You can file for AOS anytime after, but I wouldn't delay if I were you. Make sure you obtain your official marriage certificate for the AOS application, not the license okay?

good luck.

I will do, Thank you for your response and help

[Hypnos 6,576]

Well being out of status isn't fun, but they won't send out the black helicopters and ready their thumb-screws immediately. You should certainly file for AoS at your earliest convenience though, because you could technically be detained by ICE and that won't be pleasant at all. Overstay is forgiven for immediate relatives of a US citizen who adjust status in-country, so it won't be held against you at the time of adjudication.

In some states an endorsed marriage license, once stamped and sealed by the county, is considered the marriage certificate. Texas is one of these states, so I am familiar with the ambiguity. As long as you ask the clerk for a certified copy of your marriage record for legal purposes then they will issue the appropriate document. You should not need to wait for your husband to be here to do that. The clerk of the county court that issued your marriage license will be the person to contact.

Edited December 14, 2012 by Hypnos

[Moomin 292]

While you're there at the county clerks' office, get 2 copies if it's not too expensive - otherwise scan/photocopy the certified copy so you can bring it with you to your biometrics appointment(in case you changed your last name).

All the other questions have been answered - I just thought I'd catch you before you might end up needing a new copy and have to go to the county clerk's office twice.

[actob99 156]

While you're there at the county clerks' office, get 2 copies if it's not too expensive - otherwise scan/photocopy the certified copy so you can bring it with you to your biometrics appointment(in case you changed your last name).

All the other questions have been answered - I just thought

I'd catch you before you might end up needing a new copy and have to go to the county clerk's office twice.

Good point, almost overlooked that for the biometrics

[Dave&Roza 748]

While you're there at the county clerks' office, get 2 copies if it's not too expensive - otherwise scan/photocopy the certified copy so you can bring it with you to your biometrics appointment(in case you changed your last name).

All the other questions have been answered - I just thought I'd catch you before you might end up needing a new copy and have to go to the county clerk's office twice.

Actually if you have to travel there in person and all that, I would get maybe 5 copies. I did after we were married and I have one copy left. They took 2 copies for AOS--one I sent in and another one at the interview. Should you do ROC you should send in another copy and if going for USC based on 3 years of marriage to a USC then you will need another copy for that. For us the copies only cost $2 each. I would also scan in a copy

just to have. You should be able to go to the courthouse and get a certified copy of your Marriage Certificate. If I know your name and your husband's name, I can get a copy if I want to pay for it as it is a public record. Any person who has done genealogy knows this--some courthouses make you jump thru more hoops to get a Marriage Certificate that is not yours or a direct relative.

Good luck,

Dave

Edited December 14, 2012 by Dave&Roza

[Hypnos 6,576]

Many states restrict those records, so only certain qualified relatives can obtain birth, marriage, death certificates, etc.

[actob99 156]

Many states restrict those records, so only certain qualified relatives can obtain birth, marriage, death certificates, etc.

A spouse listed on the marriage cert would be "qualified"

[Hypnos 6,576]

I know, my response was to Dave&Roza who said they could obtain other people's public records.

[Moomin 292]

Actually if you have to travel there in person and all that, I would get maybe 5 copies. I did after we were married and I have one copy left. They took 2 copies for AOS--one I sent in and another one at the interview. Should you do ROC you should send in another copy and if going for USC based on 3 years of marriage to a USC then you will need another copy for that. For us the copies only cost $2 each. I would also scan in a copy

just to have. You should be able to go to the courthouse and get a certified copy of your Marriage Certificate. If I know your name and your husband's name, I can get a copy if I want to pay for it as it is a public record. Any person who has done genealogy knows this--some courthouses make you jump thru more hoops to get a Marriage Certificate that is not yours or a direct relative.

Good luck,

Dave

Indeed. Some/lots of VJ members have reported that a copy of the cert. marriage certificate was fine to submit with I765, I131 and even at the SSA and BMV/DMV and bank. I had certified copies since they were 2 dollars each. At the time, we didn't have a printer, so it would've cost me gas to the library and a dollar for each copy. Seemed like a no-brainer to just get the cert. copies at the country clerk's office. However, some counties charge 20 dollars and more for a single certified copy. I hope they get free cookies with that. It took the clerk 2 minutes in total to copy, sign and stamp our 5 cert. copies.