Jump to content
Sign in to follow this  
Ewana

AOS after the 90 day period has expired????

10 posts in this topic

Recommended Posts

Hi everyone,

After entering the US on a K1 we're finally getting married on June 3rd :star: , which is day 85. The I-94 is valid until June 8th.

We probably can't get the marriage certificate until June 8th.

So we have to possibilities:

1. Apply for AOS within the 90days and send the marriage certificate later as soon as we have it.

2. Send the AOS papers including marriage certificate a few days after the 90 days period has expired.

What do you guys think is better?

We wanted to have a summer beach Cape Cod wedding. This is the reason why we are getting married so late :D

Thanks (F)

Dani

Share this post


Link to post
Share on other sites

The important part of your visa was to get married within the 90 days - which you did. While it would be good to apply within the 90 days as well, you really do need to include proof of the marriage - the marriage certificate - with the AOS package otherwise there will be delays when they either send the package back or send a RFE for the marriage certificate. It is better to wait a few more days and send the complete package with the marriage certificate since you did marry within the 90 days. The one problem that is potentially forseeable is you will incur a few days out of status which shouldn't be a problem but you never know.


“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

Share this post


Link to post
Share on other sites

Dani,

I also would wait the extra days for the marriage certificate so as to submit a complete I-485 package.

Which beach have you selected?

Yodrak

Hi everyone,

After entering the US on a K1 we're finally getting married on June 3rd :star: , which is day 85. The I-94 is valid until June 8th.

We probably can't get the marriage certificate until June 8th.

So we have to possibilities:

1. Apply for AOS within the 90days and send the marriage certificate later as soon as we have it.

2. Send the AOS papers including marriage certificate a few days after the 90 days period has expired.

What do you guys think is better?

We wanted to have a summer beach Cape Cod wedding. This is the reason why we are getting married so late :D

Thanks (F)

Dani

Share this post


Link to post
Share on other sites
The important part of your visa was to get married within the 90 days - which you did. While it would be good to apply within the 90 days as well, you really do need to include proof of the marriage - the marriage certificate - with the AOS package otherwise there will be delays when they either send the package back or send a RFE for the marriage certificate. It is better to wait a few more days and send the complete package with the marriage certificate since you did marry within the 90 days. The one problem that is potentially forseeable is you will incur a few days out of status which shouldn't be a problem but you never know.

I have been out of status for 1 1/2 months, still trying to gather documents for AOS. I am also still in the school :) havent run into problems for being out of status


2006

June 15 : AOS package mailed in

June 18 : Package arrived

June 22 : NOA1

June 26 : Touched

June 28 : Touched

July 08 : RFE received

July 10 : RFE mailed in

July 14 : RFE arrived

July 25 : Biometric

August 24 : Case transferred to CSC

August 26 : Touched

August 30 : Touched/Case received by CSC

August 31 : Touched

Sept 01 : Touched

Sept 07 : Touched

Sept 15 : AOS APPROVED!!! Got email saying welcome notice is mailed

Sept 17 : Touched

Sept 20 : Touched, got email saying that the case has been approved

Sept 21 : Touched

Sept 21 : Greencard received!!!!!

2008

July 12 : I-751 application sent to CSC

July 16 : Check cashed

July 18 : NOA1 received

July 24 : Biometric appointment letter received

August 8 : Biometric appointment

August 8 : Touched

August 9 : Touched

August 12 : Touched

Dec 09 : Approved

JTNp.jpg.png

Share this post


Link to post
Share on other sites

Definitely wait until you can obtain a certified copy of the marriage certificate!

Congratulations and have a wonderful life together. (F)


1-21-09 Getting Naturalization documents together.

smiley-995.pngsmiley-996.png

Disclaimer: i dunno nuthin bout birthin no babys, or bout imugrayshun.

Share this post


Link to post
Share on other sites

The important part of your visa was to get married within the 90 days - which you did. While it would be good to apply within the 90 days as well, you really do need to include proof of the marriage - the marriage certificate - with the AOS package otherwise there will be delays when they either send the package back or send a RFE for the marriage certificate. It is better to wait a few more days and send the complete package with the marriage certificate since you did marry within the 90 days. The one problem that is potentially forseeable is you will incur a few days out of status which shouldn't be a problem but you never know.

I have been out of status for 1 1/2 months, still trying to gather documents for AOS. I am also still in the school :) havent run into problems for being out of status

I was out of status for a few months before I filed, and was recently approved.. You wont have any problems if you file after the 90 day mark.. just so long as you get married within 90 days, which you are going to do anyways!

Share this post


Link to post
Share on other sites

THANK YOU!!!!! :) So I just apply for AOS a few days later.

WE have to submit a certified marriage certificate, right? Just a copy of the original is not enough?

What is the fastest way to get a copy of the marriage certificate certified? Besides get it from the city clerk wich takes about two weeks here.

@Yodrak

We are getting married on Parkers River Beach in Yarmouth Port :dance:

Do you know the area?

Dani,

I also would wait the extra days for the marriage certificate so as to submit a complete I-485 package.

Which beach have you selected?

Yodrak

Hi everyone,

After entering the US on a K1 we're finally getting married on June 3rd :star: , which is day 85. The I-94 is valid until June 8th.

We probably can't get the marriage certificate until June 8th.

So we have to possibilities:

1. Apply for AOS within the 90days and send the marriage certificate later as soon as we have it.

2. Send the AOS papers including marriage certificate a few days after the 90 days period has expired.

What do you guys think is better?

We wanted to have a summer beach Cape Cod wedding. This is the reason why we are getting married so late :D

Thanks (F)

Dani

Share this post


Link to post
Share on other sites

Dani,

No, you do not have to submit the certified marriage certificate that you will receive from the registrar's office. You can submit a photocopy of it. Just be sure that the seal is evident on the photocopy - sometimes raised seals photocopy poorly if the original is not pronounced.

Don't know Yarmouth Port too well, although my family went there for a few years when I was a young child. I know Chatham and Orleans quite well, and then on up to P'town.

Yodrak

THANK YOU!!!!! :) So I just apply for AOS a few days later.

WE have to submit a certified marriage certificate, right? Just a copy of the original is not enough?

What is the fastest way to get a copy of the marriage certificate certified? Besides get it from the city clerk wich takes about two weeks here.

@Yodrak

We are getting married on Parkers River Beach in Yarmouth Port :dance:

Do you know the area?

Share this post


Link to post
Share on other sites

If you send in your application without something as important as the marriage certificate I don't think they'll accept the application. At best they'll send you a RFE as soon as they open it. Really you're best off waiting until you have your marriage certificate and THEN sending it in. The 90 days is not a strict time limit - they tell you to apply as soon as possible and if you're waiting for vital evidence, then obviously i's not possible yet!


Karen - Melbourne, Australia/John - Florida, USA

- Proposal (20 August 2000) to marriage (19 December 2004) - 4 years, 3 months, 25 days (1,578 days)

STAGE 1 - Applying for K1 (15 September 2003) to K1 Approval (13 July 2004) - 9 months, 29 days (303 days)

STAGE 2A - Arriving in US (4 Nov 2004) to AOS Application (16 April 2005) - 5 months, 13 days (164 days)

STAGE 2B - Applying for AOS to GC Approval - 9 months, 4 days (279 days)

STAGE 3 - Lifting Conditions. Filing (19 Dec 2007) to Approval (December 11 2008)

STAGE 4 - CITIZENSHIP (filing under 5-year rule - residency start date on green card Jan 11th, 2006)

*N400 filed December 15, 2011

*Interview March 12, 2012

*Oath Ceremony March 23, 2012.

ALL DONE!!!!!!!!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...