AOS question / waiting on marriage certificate

[Grime 0]

My wife and I were married Nov. 8th 2010 in Hawaii. The Health Dept. refuses to speed process our certificate for her K-1 Visa expiration, and she has till Jan. 12 2011 till that visa expires.

Since it is unlikely that we will receive the marriage certificate in time, to apply for AOS before the K-1 expires, what are our options?

Thank you.

Edited December 1, 2010 by Grime

[VanessaTony 3,567]

First, her K1 expired when she arrived in the US. I assume you mean her I-94 expires in Jan.

There is no requirement to file AOS before her I-94 expires. As long as you were married in the 90 days you're fine. Prepare as much of the paperwork as you can, then you can complete what you need when you get the certificate and mail off the parcel.

Remember there are new fees for AOS and the fee is now $1070.

Edited December 1, 2010 by Vanessa&Tony

[Grime 0]

First, her K1 expired when she arrived in the US. I assume you mean her I-94 expires in Jan.

There is no requirement to file AOS before her I-94 expires. As long as you were married in the 90 days you're fine. Prepare as much of the paperwork as you can, then you can complete what you need when you get the certificate and mail off the parcel.

Remember there are new fees for AOS and the fee is now $1070.

Yes the I-94 is what I mean, and thank you for clearing that up...looks like it will take at least 2 more months to receive our certificate from Hawaii. I just don't want any issues when it comes to the AOS process. But it seems as though everything should be ok, even though we have to wait so long after the expiration.

Thanks!

[Sorine & Jim 1]

So if I understand correct, if you marry withing 90 days you can wait as long as you want to file your AOS???

[KittyPollitt 284]

So if I understand correct, if you marry withing 90 days you can wait as long as you want to file your AOS???

Sure you can, but the beneficiary will be out of status after the I 94 expires, and could be detained if questioned about it by ICE. If you live near any American border, it is advisable to file AOS as soon as possible. The longer you wait, the longer naturalization takes, and the beneficiary can't leave the US until AOS is filed.

[VanessaTony 3,567]

So if I understand correct, if you marry withing 90 days you can wait as long as you want to file your AOS???

Yes and no.

There is no deadline to file AOS. HOWEVER if you do not file AOS before the I-94 expires you become out-of-status.

You can still be detained by ICE and while it's not likely they'll deport you and instead order you to file AOS, you will stick be locked up, forced to pay the legal fees and bail to get out of detention.

If you ever leave the US you won't be able to re-enter without getting another visa. You aren't allowed to work with a GC or EAD. You can't get a drivers licence. Basically you're nothing in the US trying hard to avoid ICE.

It's best to file AOS asap but waiting until the marriage certificate is available isn't the end of the world, but leaving it "just 'cause you can" isn't a good idea.