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The rule for the k1 visa states that you must "marry" within 90 days of entry into the US.  Does "marry" mean get the license, or does it mean both the license and the actual ceremony?

 

In case it depends on my location, I live in San Francisco, California.

Edited by tqa62

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It means getting legally married, as in having the ceremony.

getting a marriage license does NOT make you married. You could get it and never use it.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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I think the OP meant marriage certificate rather than a marriage license. If that is the case then the certificate should be enough. You could go to court, get married and get a certificate and hold a ceremony later.


 

Spoiler

5994d2f5ec3b4_OurStory.jpg.4a7b1c95cdc55c357b8ae1d0d480a5f8.jpg

 

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1 minute ago, hasheesha said:

I think the OP meant marriage certificate rather than a marriage license. If that is the case then the certificate should be enough. You could go to court, get married and get a certificate and hold a ceremony later.

Is there a difference between certificate and license?

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1 minute ago, tqa62 said:

Is there a difference between certificate and license?

Yup :) A marriage license is a piece of paper that authorizes you to get married and a marriage certificate is a document that proves you are married.
Typically, couples obtain a marriage license, hold the wedding ceremony, and then have the person who performed the ceremony file a marriage certificate in the appropriate county office within a few days. (This may be the office of the county clerk, recorder or registrar, depending on where you live.) The married couple will be sent a certified copy of the marriage certificate within a few weeks after the marriage ceremony.


 

Spoiler

5994d2f5ec3b4_OurStory.jpg.4a7b1c95cdc55c357b8ae1d0d480a5f8.jpg

 

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1 minute ago, hasheesha said:

Yup :) A marriage license is a piece of paper that authorizes you to get married and a marriage certificate is a document that proves you are married.
Typically, couples obtain a marriage license, hold the wedding ceremony, and then have the person who performed the ceremony file a marriage certificate in the appropriate county office within a few days. (This may be the office of the county clerk, recorder or registrar, depending on where you live.) The married couple will be sent a certified copy of the marriage certificate within a few weeks after the marriage ceremony.

So our plan was for her to arrive in the US in Feb, get our license from city hall in March, and have a traditional church wedding (pastor, organist, etc...) in June...but based on what you're saying, that wouldn't work because June would be more than the 90 days of her original entry, right?

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Correct.

 

If you proceed with your plan, your fiancee will be out of status after 90 days and is deportable until you marry and file for AOS.  Furthermore, you would need to pay for the I-130 to file for her AOS.

Edited by aaron2020

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12 minutes ago, tqa62 said:

So our plan was for her to arrive in the US in Feb, get our license from city hall in March, and have a traditional church wedding (pastor, organist, etc...) in June...but based on what you're saying, that wouldn't work because June would be more than the 90 days of her original entry, right?

Yeah that would not work. You could have her come in March/April instead and do the traditional wedding come June. Or you could get married in court March/April and do a traditional Church ceremony in June.

 

Edited by hasheesha

 

Spoiler

5994d2f5ec3b4_OurStory.jpg.4a7b1c95cdc55c357b8ae1d0d480a5f8.jpg

 

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10 minutes ago, hasheesha said:

Yeah that would not work. You could have her come in March/April instead and do the traditional wedding come June. Or you could get married in court March/April and do a traditional Church ceremony in June.

 

If I were to go with the latter, would the church ceremony just be for show since technically we already got married in court?  And if so, do churches typically mind if they're wedding a couple that's already married?

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17 minutes ago, aaron2020 said:

Correct.

 

If you proceed with your plan, your fiancee will be out of status after 90 days and is deportable until you marry and file for AOS.  Furthermore, you would need to pay for the I-130 to file for her AOS.

Wait...so does that mean it's technically possible as long as she's not deported?  Or even if we were to attempt to submit the certificate she would be rejected?

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6 minutes ago, tqa62 said:

If I were to go with the latter, would the church ceremony just be for show since technically we already got married in court?  And if so, do churches typically mind if they're wedding a couple that's already married?

It depends on what you mean by "for show". Legally speaking, yes it will be. Religiously speaking, that is up to you. 

 

Churches do these things all the time so you should not have a problem there. You can talk to the churches pastor to clear things up now.

 


 

Spoiler

5994d2f5ec3b4_OurStory.jpg.4a7b1c95cdc55c357b8ae1d0d480a5f8.jpg

 

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6 minutes ago, hasheesha said:

It depends on what you mean by "for show". Legally speaking, yes it will be. Religiously speaking, that is up to you. 

 

Churches do these things all the time so you should not have a problem there. You can talk to the churches pastor to clear things up now.

 

Yeah, by show I just mean since we'd already be married the pastor isn't really wedding us, therefore making the ceremony more of a formality with friends/families rather than the actual day we got married.

Edited by tqa62

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26 minutes ago, tqa62 said:

Wait...so does that mean it's technically possible as long as she's not deported?  Or even if we were to attempt to submit the certificate she would be rejected?

Are you willing to risk being deported and probably never being able to be together in the US just to save a few months of a wedding ceremony? :) Or her not being allowed to work for that long until EAD is approved (~3 months after AOS filing)? Or Even then, being out of status can affect the AOS application.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

?/?/18: Interview

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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One last question :)

 

The "Expiration Date" on the K-1 visa, is that the date she must enter the US by, or is that the date we need to get the marriage certificate by?  I'm asking because we'd like to get married in June but her visa expires in May.

 

Edit

 

Second last question :D

 

How much time do we have to get the certificate after receiving the marriage license?  Is it 90 days?  I.e., could we get the license in March and have the ceremony in June?

Edited by tqa62

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3 minutes ago, tqa62 said:

One last question :)

 

The "Expiration Date" on the K-1 visa, is that the date she must enter the US by, or is that the date we need to get the marriage certificate by?  I'm asking because we'd like to get married in June but her visa expires in May.

The expiration on the visa is the date she must enter the US by. Once she is in the US, her 90 day clock starts (unrelated to the K1 expiry date). So you would be fine with her coming in April and you getting married in June.


 

Spoiler

5994d2f5ec3b4_OurStory.jpg.4a7b1c95cdc55c357b8ae1d0d480a5f8.jpg

 

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