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Peace....

Marriage Certificate Question RE: AOS

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I was reading under the Visa Facts here, and I read that you could take your marriage certificate personally to the court recorder's and speed up the process of getting your certified copies. We are getting married Feb. 4th and the lady who issued our Marriage Certificate said we were not able to take it personally, that it had to be mailed.

So my question is, his I-94 expires Feb. 28th, (we marry on FEB 4th) what happens if we do not receive our certified copies in the mail by the time his I-94 expires. Will he be considered out of status and will that cause an issue even thou we are married.???? or do we just file and continue on as soon as our certified copies are here.

Thanks...

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Since you married within the 90 days, you can file AOS after the 90 days (the sooner the better, but no AOS consequences if you don't). Good luck.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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I was reading under the Visa Facts here, and I read that you could take your marriage certificate personally to the court recorder's and speed up the process of getting your certified copies. We are getting married Feb. 4th and the lady who issued our Marriage Certificate said we were not able to take it personally, that it had to be mailed.

So my question is, his I-94 expires Feb. 28th, (we marry on FEB 4th) what happens if we do not receive our certified copies in the mail by the time his I-94 expires. Will he be considered out of status and will that cause an issue even thou we are married.???? or do we just file and continue on as soon as our certified copies are here.

Thanks...

Just continue and file when you get all your papers together. No panic and no worries.


Divorced !st November 2012.

Married only 2 years 1 month

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I was reading under the Visa Facts here, and I read that you could take your marriage certificate personally to the court recorder's and speed up the process of getting your certified copies. We are getting married Feb. 4th and the lady who issued our Marriage Certificate said we were not able to take it personally, that it had to be mailed.

So my question is, his I-94 expires Feb. 28th, (we marry on FEB 4th) what happens if we do not receive our certified copies in the mail by the time his I-94 expires. Will he be considered out of status and will that cause an issue even thou we are married.???? or do we just file and continue on as soon as our certified copies are here.

Thanks...

Has he gotten his SSN yet? if not, walk into the nearest SSA office in your area and apply before the I-94 expires. As long as you got married within 90 days of his arrival, you are alright. Goodluck!

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Has he gotten his SSN yet? if not, walk into the nearest SSA office in your area and apply before the I-94 expires. As long as you got married within 90 days of his arrival, you are alright. Goodluck!

Hello, thank you for your reply. Yes, we did file for his SS# 10 days after his arrival and he did receive it a week later. However, tonight I was reading that sad story of the lady who was denied today of their I-485 as they did not file within the 90 day period. But they also waited a year plus to file, but still, her letter said they were denied as they didn't file in time (90 day period).

Now, I am not sure of what to do, as I cannot control the mail and personally get my copies as Ohio does things a little different here and we cannot just go and get them, they have to be mailed to us. So we very well may be over the 90 day period.

Uggg, this is frustrating now. Unsure of what I need to do, I guess.

Thank again..

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The person whose story you read did not enter on a K-1 visa. S/he entered on the Visa Waiver Program and overstayed. Their "90 days" is different than your "90 days." You entered with a valid visa, in fact, even better, a valid immigration visa. They entered with no visa at all, but boarded an airplane and participated in the Visa Waiver Program which is for tourism only. They signed a paper that said basically "I used this special program where I do not apply for a visa and therefore waive my rights to an immigration appeal." You have all appeals processes open to you. In short, your case is totally different from theirs in every way, and theirs has absolutely no bearing whatsoever on your case. Do not worry at all. You married within the 90 days allowed by your visa (different from theirs) and therefore fulfilled the terms of your visa. AOS as soon as possible, but do not fear at all that you were a few days late. Good luck.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Just an FYI to anyone out there- Vermont will allow you to wait for your marriage certificate to be certified for about half an hour and you can take it with you! My fiance just called and asked and they said no problem!


My Journey:

We met through a study-abroad program in Shanghai, China in August of 2009

We got engaged March of 2010

I received my K1 VISA in 6 months (June-December 2010)

We were married 04/02/2011
I received my conditional 2-year greencard (AOS) in 2.5 months with no interview (April-June 2011)

Our son was born 02/03/2013

I received my masters degree in Speech-Language Pathology 04/17/2013

I received my 10-year greencard (ROC) in 3 months with no interview (March-June 2013)

My husband returned from deployment 06/20/2013

My naturalization journey took 4 months (April-August 2014)

I became a US citizen on 08/01/2014

Received passport in 3 weeks (regular processing)

Thank you, VJ! smile.png

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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