Our marriage date in Washington DC was cancelled due to weather

[DelmondoLove 0]

Hi

Our marriage was scheduled for today but the courthouse is closed due to bad weather. The marriage licence application was done on February 5th, will they pay attention to this date when we apply for AOS? My 90 days is up on March 28th so we are running out of time. We can't call them now. If we can't reschedule our marriage before March 28th what are our options since Im going to be out of status?

[Ralph and Meghan 19]

So long your married within 90 days there's no problem. There's no timeline when to file the aos. The sooner you do it the sooner you have your ead and ap.

In the meantime your just out of status. You can't work our come in the country again when you leave.

[bob.sansmal 14]

I think the marriage still has to happen before your end date (March 28.) I'm sure you will have no problem rescheduling it in a few days, at least for a civil celebrant type ceremony (in the event that your previous plans cannot be so easily moved.) You can get a list of licensed celebrants in this area, one of which I'm sure would be able to accommodate you in time.

If you want, I can find my list (it's on my hard drive somewhere) and send you some people in the Fairfax area...

[DelmondoLove 0]

bob - that would be great. Except - we do not have the $ to pay for all of that. We have looked into those services, which cost around $400. In getting married at the courthouse -all we have to do is pay for gas to get there( which is over 5 hours away) and for the marriage license we already paid for and obtained. Feel free to provide the list.

[Zedayn 485]

The date you applied for the marriage license does not even matter. The date that matters is the day you are actually legally married. If you are not married before March 28, you will not be able to adjust status through your K-1 visa. You will have to return home and file for a spousal visa.

[kitthekat 1,317]

The date you applied for the marriage license does not even matter. The date that matters is the day you are actually legally married. If you are not married before March 28, you will not be able to adjust status through your K-1 visa. You will have to return home and file for a spousal visa.

Agree with what you said except I don't think that the foreign fiance has to return to their native country to file for a spousal visa if they marry after the 90 days. They can stay in the US and send in the I-130 along with the I-485 instead - basically, adjusting as an out-of-status spouse of a USC (overstay will be forgiven).

The problem is if they need to leave the US before AP/GC is received, then they'd need to start over with a spousal visa from abroad.

[Ryan E 10]

bob - that would be great. Except - we do not have the $ to pay for all of that. We have looked into those services, which cost around $400. In getting married at the courthouse -all we have to do is pay for gas to get there( which is over 5 hours away) and for the marriage license we already paid for and obtained. Feel free to provide the list.

Why are you getting married 5 hours away? Your profile indicates you're in North Carolina. Surely the local courthouse can accommodate you. If all else fails, fly to Vegas on the credit card and get married by Elvis. It'll be cheaper than the alternative....

[DelmondoLove 0]

North Carolina does not allow same sex marriage. This is why we have to get married in
Washington D.C - the closest place that allows us to marry

[Ryan E 10]

Sorry, didn't take that possibility into consideration. Even if you have to pay dearly, get it done before the 28'th. Best of luck.

[mik2012 17]

If the OP does not get married before March 28th and they do get married after March 28. The fiancee has to leave and apply for a new visa. They will not be allowed to file i-130 while the spouse is in the country. The K1 is very specific that you have to be married with the 90 day period and it does not allow for aos if you go past that date.

[David & Diana R 1,005]

If the OP does not get married before March 28th and they do get married after March 28. The fiancee has to leave and apply for a new visa. They will not be allowed to file i-130 while the spouse is in the country. The K1 is very specific that you have to be married with the 90 day period and it does not allow for aos if you go past that date.

I believe this is wrong. Foreign fiance overstay is forgiven upon marriage to US spouse even if marriage occurrs after the 28th. (Why are people always scaring people unecessarily by providing false or incorrect information?)

However, I would just get married before the 28th, problem solved. I would be very surprised if the courthouse you are going to would not make special accomodations for you since they were closed due to weather. Talk real nice and I bet they get you in right away.

Good luck and God Bless

[fatblackcat 8]

And if you can't reschedule, you can always drive to Georgia. Marriage license application and ceremony can be done the same day

[christeen 966]

And if you can't reschedule, you can always drive to Georgia. Marriage license application and ceremony can be done the same day

Same sex marriage is not an option in Georgia... It is not even recognized! To the OP, I agree to try to sweet talk them and explain the K1 situation... Otherwise, maybe look into New Jersey requirements as that might be within reason. But try to get it done before the 28th... Good luck

[bob.sansmal 14]

Here's a link to the list kept by Fairfax county

I can vouch for Georgiana Havill who was great - I don't recall what we paid, but it was certainly under $400.

Also, if you notice there in the form, celebrants are allowed (by Virginia law) to charge up to $50 for the ceremony and 56 cents per mile travel. You can, I am sure, tip also...

[Pinkrlion 2,611]

Ummm how can you file same sex, if where you live it is illegal. Your AOS will not be approved, regardless of where you get married, it is where you live that makes the marriage legal. Regardless of whether you get married within the 90 days, is it legal?