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BrNv

Start incomplete AOS or wait which would result in overstay?

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Filed: Country: Turkey
Timeline

I previously asked when the AOS process should be started and was informed that the timeframe is not that important as long as we were married before the I-94 6 months expired (thanks Hip-Hop for your help).

The situation is we do not have the marriage certificate yet due to the time delay from the processing state. So what are opinions on whether to start the AOS without the marriage certificate (and use an Affidavit from the minister or something) before the I-94 time expires and send the certificate in later, or whether to wait until we get the marriage certificate and then file - which would possibly cause us to file 4 to 8 weeks after the I-94 expires?

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Overstay is irrelevant/forgiven for immediate relatives of US Citizens.

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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Filed: Other Timeline

You wait until you have the marriage certificate and then send everything out. Overstay is not being made an issue of at the time of AOS and even if you were to get caught in the middle of a Federal raid, the judge would set you free as you are eligible for AOS.

Still, try no to get in trouble with the law until you have your AOS package mailed out . . .

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Filed: Country: Turkey
Timeline

You wait until you have the marriage certificate and then send everything out. Overstay is not being made an issue of at the time of AOS and even if you were to get caught in the middle of a Federal raid, the judge would set you free as you are eligible for AOS.

Still, try no to get in trouble with the law until you have your AOS package mailed out . . .

So the overstay is only a problem if one entered under the Visa Waiver Program (which she did not), correct?

Edited by BrNv
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Filed: Other Timeline

That is correct.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Oh, yes, I should have said "immediate relatives of US Citizens who entered with a valid visa."

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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