aging out before status change

[TomandHongyan 0]

My fiance will be coming to the US on 3-10-2010, her son is to come with her. Her son will be 21 4-13-2010. We plan on getting married as soon as 3-17-2010. My question is, it will take 8to 9 weeks before we get our marriage certificate back from the state department so we can file for a change of status. The boy will be 21 before we can file for the change of status for him and my wife to be. Will the boy have to go back to his home country or can he still get his green card because he was in the usa before he was 21. Please help, time is running out.

[milimelo 4,236]

My fiance will be coming to the US on 3-10-2010, her son is to come with her. Her son will be 21 4-13-2010. We plan on getting married as soon as 3-17-2010. My question is, it will take 8to 9 weeks before we get our marriage certificate back from the state department so we can file for a change of status. The boy will be 21 before we can file for the change of status for him and my wife to be. Will the boy have to go back to his home country or can he still get his green card because he was in the usa before he was 21. Please help, time is running out.

What you can do is immediately after getting married, ask to personally "walk" the certificate to the clerk so they can issue the real certificate(s) for you on the spot. No waiting required, maybe just some convenience fee.

Have all the forms pre-done so all you have to do is attach the certificate and overnight it. That should help with getting the step son to hold his status and get the AOS done.

[Darnell 8,478]

Are you sure about the 8 to 9 weeks for the marriage papers to be sent ? that sounds totally crazy. IF I were in your shoes, I'd move heaven and earth to:

1. get married 2nd day she arrives and (sorry, this is impossible - as is waiting period from 'filing for' and 'receiving license' - so at least file on 2nd day - must be together, the two of you, in person )

2. get the marriage paperwork expedited for '2 day service', with pickup (no mailing at all)

Then - on the AOS paperwork, everywhere, mark in red letters (with a thin tip sharpie pen) - 'Expedite - Potential Age Out' - on each page, on the outside of the envelope, even in the cover letter. USCIS 'has been known' to actually ACT QUICKLY on a K-2 IF they SEE this wording, so if they see this, IMO, they will act on it, quickly.

Apparently, and ALSO (if you really are in Florida) - there is a mandatory premarital class that you must attend, as well. The license fee varies, depending on whether or not you've taken the class. (from http://www.duvalclerk.com/ccWebsite/Marria...ense.department )

I'd get on the phone to yer county clerk's office, get the boss, set up an appointment for this week, and try to get something rushed. If it means that you get married in the city where master records are processed, by all means, DO THAT.

**edit

Just got off the phone with the Duval County Clerk's Office - tel (904)630-1436

1. is mandatory 3 days waiting period from time of 'apply for license' to 'license available for pickup. One of you must be a Florida resident - not sure about 'both must have SSN'

2. must have premarital counseling (check that link, there's a list)

3. after the officiant has SIGNED IT (on the day of the ceremony)- YOU can take the marriage license back to the courthouse, no other mailing to the courthouse needed. (don't let the officiant handle it after the ceremony, YOU TAKE IT to the courthouse).

4. once you are at the courthouse with signed marriage license - it takes up to 10 days to receive the marriage certificate back (if you want to wait on postal mail) - you can also tell the clerk that you want to pick it up when it's ready - no mailout (that should shave 2 days) . There is no 'expedite' to pay for at Duval County.

5. I asked her - all of the counties operate this like this? she said yes.

----

If you aren't in Florida, well, let me know - where are you ?

Edited February 22, 2010 by Darnell

[TomandHongyan 0]

Are you sure about the 8 to 9 weeks for the marriage papers to be sent ? that sounds totally crazy. IF I were in your shoes, I'd move heaven and earth to:

1. get married 2nd day she arrives and (sorry, this is impossible - as is waiting period from 'filing for' and 'receiving license' - so at least file on 2nd day - must be together, the two of you, in person )

2. get the marriage paperwork expedited for '2 day service', with pickup (no mailing at all)

Then - on the AOS paperwork, everywhere, mark in red letters (with a thin tip sharpie pen) - 'Expedite - Potential Age Out' - on each page, on the outside of the envelope, even in the cover letter. USCIS 'has been known' to actually ACT QUICKLY on a K-2 IF they SEE this wording, so if they see this, IMO, they will act on it, quickly.

Apparently, and ALSO (if you really are in Florida) - there is a mandatory premarital class that you must attend, as well. The license fee varies, depending on whether or not you've taken the class. (from http://www.duvalclerk.com/ccWebsite/Marria...ense.department )

I'd get on the phone to yer county clerk's office, get the boss, set up an appointment for this week, and try to get something rushed. If it means that you get married in the city where master records are processed, by all means, DO THAT.

**edit

Just got off the phone with the Duval County Clerk's Office - tel (904)630-1436

1. is mandatory 3 days waiting period from time of 'apply for license' to 'license available for pickup. One of you must be a Florida resident - not sure about 'both must have SSN'

2. must have premarital counseling (check that link, there's a list)

3. after the officiant has SIGNED IT (on the day of the ceremony)- YOU can take the marriage license back to the courthouse, no other mailing to the courthouse needed. (don't let the officiant handle it after the ceremony, YOU TAKE IT to the courthouse).

4. once you are at the courthouse with signed marriage license - it takes up to 10 days to receive the marriage certificate back (if you want to wait on postal mail) - you can also tell the clerk that you want to pick it up when it's ready - no mailout (that should shave 2 days) . There is no 'expedite' to pay for at Duval County.

5. I asked her - all of the counties operate this like this? she said yes.

----

If you aren't in Florida, well, let me know - where are you ?

Hi Darnell, yes I live in Pensacola Florida, never heard about any premarital classes, I just married a friend of mine and him and his wife now went down to the clerks office and had there license in 3 days. My understanding is that all things has to be sent to the Capital for filing of all documents, but I will check on this again.

[Darnell 8,478]

Call Duval County, talk with the clerk . She was helpful to me when I was talking to her about yer stuff.

But . be friends with the county clerk where you live, this week, as well.

Literally, your life depends on it.

[Darnell 8,478]

Hi Darnell, yes I live in Pensacola Florida, never heard about any premarital classes, I just married a friend of mine and him and his wife now went down to the clerks office and had there license in 3 days. My understanding is that all things has to be sent to the Capital for filing of all documents, but I will check on this again.

I don't know where this '8 to 9 weeks' came from, on the turn around from 'filing the officiant-signed license' to 'getting a marriage certificate'.

4. once you are at the courthouse with signed marriage license - it takes up to 10 days to receive the marriage certificate back (if you want to wait on postal mail) - you can also tell the clerk that you want to pick it up when it's ready - no mailout (that should shave 2 days) . There is no 'expedite' to pay for at Duval County.

I have to assume that Duval County isna yer county. Please find your County Clerks Office - at least I verified that each County is the same (from Duval County Clerks Office )

Edited February 23, 2010 by Darnell