Need Emergency Help ~ Marriage License and Adjustment of Status Timeline issues

[drewmark 0]

Hey Guys,

I am really panicking right now; have been diligently getting all of my paperwork in order and speaking with friends who have gone through all of this and I have come across one big fat wrench in my best laid plans.

I proposed to my Danish girlfriend a couple weeks ago and we have been planning on being married on the 14th (so her sister can be at the ceremony); and she is set to go home to Denmark on the 16th. Speaking with a few friends of mine who have gone through this all they told me they were married and then mailed all of their paperwork out on the same day right after the ceremony. I thought this was all good, we would be married then overnight guarantee the documents to arrive monday (16th of september) at USCIS and my fiancee would be all good to wait in the country for their response.

Well, now after speaking with my county clerk's (san diego) office they have said they will need a few weeks to register and certify the marriage. I remember reading that USCIS wants a certified marriage license with the application; and given our timeline I feel like we are kind of screwed at this point. Does anyone else know anything about the filing process and how they did it? Did you wait a few weeks between being married and filing your paperwork because my friends did not and I am very confused!

PLEASE HELP!!

Drew

P.S. ~ sorry for caps I am very stressed right now haha, thank you all in advance

[ricnally 259]

I don't know how to directly link to my earlier thread on this subject, but you'll find it through the search bar in the blue bar at the top of this page if you type in Quick Marriage Ceritificate in SoCal.

[h13rma 35]

I'm not sure why you are worried about the delay in sending off your documents, we waited a couple of weeks,some people have waited years. If she hasn't overstayed its not even an issue she wouldn't have to leave till the end of her ninety day visit. Even if she had overstay is forgiven on marriage to a USC.

just use the extra time to make sure all of the paperwork is correct.

[drewmark 0]

Hey guys,

Thanks the Santa Barbara option looks like a good possibility;

H13RMA ~ my concern is that her 90 day visit expires 2 days after our planned marriage ceremony. When you waiting a couple weeks, were you still within the 90 day visit timeline?

We are worried about the possible ramifications of not filing before her 90 day expiration; our paperwork is fine except for the certified marriage license.

[Harpa Timsah 13,258]

Drewmark:

You seem very confused about these processes. What process are you trying to do? Has your gf gotten a K-1 fiance visa (it doesn't seem so).

Did your gf travel here on ESTA?

[NigeriaorBust 4,087]

the only thing that matters is the marriage date on the paper has to be within the 90 days. You can file AOS whenever ( the sooner you file the sooner you can work )

[janw 4]

I married my Danish husband here in Tennessee last july (2012)..the day after we worked on the I-130 and sent the paperwork off..we got our marriage license the same day we married..In fact the county clerk gave both hubby and I original certificates so he could Take one back to Denmark with him

[Harpa Timsah 13,258]

Okay, so now we are comparing I-130s to K-1's to AOS and Tennessee to San Diego.

OP: How did your gf come to the US (you mention visit so I am guessing via ESTA). What process are you trying to do? Who is going back to Denmark, the sister?

[drewmark 0]

Harpa: She is here on ESTA yes, and we are applying for AOS. We did not apply for K-1 or anything like that because we have only been engaged a short time and only recently decided we want to marry and stay together without all of the separation stuff involved with the other visas.

All of our paperwork is complete:
I-130
I-131

G-235A (x2)

I-485

I-864

I-765

I-693

I am just a little worried about it getting screwed up by not having the license certified before sending it all in.

I have heard that I can send in a copy of the license signed by the officiant, and then just bring the certified copy to the interview.. (true/false)?

I also heard that if we bop down to Mexico for the day and come back through, her ESTA will get a 90 day refresh giving us more time.. (true/false)?

[Harpa Timsah 13,258]

Okay, now we are getting somewhere.

If you are going to apply for AOS from ESTA, you need to sit tight. No trying to go to Mexico or other nonsense (she would not be allowed in and would be stuck outside the US).

You should not apply for AOS until you have your marriage cert. If you send the paperwork in without the main piece of evidence making you eligible, your paperwork will either be rejected straightaway, or you would get a RFE (Request for Evidence) which would just slow your whole case down. You will not get to an interview if you haven't submitted a marriage cert, so false to your idea.

You can apply for AOS after her stay expires. Overstay is irrelevant/forgiven for spouses of USCs who adjust in-country.

So, if you want to file ASAP, see if you can walk the marriage documentation over to the country clerk and get some faster service. But if you can't, then there is no need to panic. Just send in her paperwork when you get the marriage cert.

You have invented a doomsday scenario when there isn't one.

[drewmark 0]

Thanks a lot Harpa,

You are right on.

I definitely panicked: I began this whole process with the idea in my head that we had a hard deadline to have everything in USCIS hands prior to her ESTA expiring.

Wouldn't you know I got that advice from the same fellow who suggested we take a day tour in Mexico, No Bueno! He means well and his process with his wife went swimmingly so I assumed to just follow his lead.

[Harpa Timsah 13,258]

Thanks a lot Harpa,

You are right on.

I definitely panicked: I began this whole process with the idea in my head that we had a hard deadline to have everything in USCIS hands prior to her ESTA expiring.

Wouldn't you know I got that advice from the same fellow who suggested we take a day tour in Mexico, No Bueno! He means well and his process with his wife went swimmingly so I assumed to just follow his lead.

Your friend is no esmart Don't listen to him.

[Sukie 1,465]

Harpa: She is here on ESTA yes, and we are applying for AOS. We did not apply for K-1 or anything like that because we have only been engaged a short time and only recently decided we want to marry and stay together without all of the separation stuff involved with the other visas.

I also heard that if we bop down to Mexico for the day and come back through, her ESTA will get a 90 day refresh giving us more time.. (true/false)?

False. If she has come on the Visa Waiver Program, she must leave the North American continent. Crossing the border to either Mexico or Canada DO NOT RESET THE 90 DAY TIME LINE!

You will be challenged on the "marrying when entering the US on the VWP". Technically you are not allowed to Adjust Status if you have entered under the VWP. There are exceptions to this, but be prepared to get hassled. Especially since you said you were not engaged for very long. Do everything in your power to collect all your co-mingling-of-finance records now. Write each other into your wills. Put each other on your insurance policies.

Good luck.

Sukie

[Harpa Timsah 13,258]

A person can file AOS from the VWP based on marriage to a USC and without preconceived intent to do so. They will not get hassled.

[didopage 337]

By the way, if you file for AOS and your wife leaves the US right after, her case will be considered abandoned. She MUST stay in the US until her AOS is approved, or her AP granted.

If you guys want to get married and your wife to return to her home country right after, then you have to chase a CR-1 visa.

These are 2 different processes.

Harpa, please correct if I am wrong.

Edited September 6, 2013 by didopage