K1: Marriage Certificate question (not receiving it on time < admittance date on passport)

[vosvis 2]

Greetings everyone,

I have a couple of questions. Hope some of you can help me out.

We want to get married on October 31st.

But even in the case of the earliest date we can do it (I understand the marriage license is issued immediately?) we have the choice of the earliest day the 11th this month.

After we are married, we need the psychical copy of the certificate to do the AOS. But until what time am I considered illegally in the country? Until they receive my AOS request?

Because online it says it takes 60-120 days! And I can't find how fast expedited is.

Question: So what exactly do I need to do if we get married before the 10th of November. But we're not able to get a certificate yet?

*I did get my SSN this Friday.

Thanks everyone,

~O+J

[ch3john 308]

Your only requirement for K1 is to be married within 90 days after arrival. It's best to file for AOS soon after marriage but some people have waited months or even a year after marriage. However, you will not be able to work or travel outside and return to the US until you have EAD, AP or AOS approved.

[Ash.1101 1,755]

Check with your local county court, some licenses have a 72 hour wait time. They gave us ours the day we applied, but it was only because we were getting married past that 3 day wait time.


You're considered out of status once your I-94 expires. 90 days starts ticking the day you enter the country, so when your I-94 expires, if you haven't applied for AOS and recieved the NOA1 (form I-797) then you're out of status.

No harm though if you don't apply for AOS until after your I-94 expires, just do it as soon as possible.

Once your have your NOA1 for AOS you're in a limbo status, you're legal enough to be here, but not legal enough to do anything. It usually only takes a week or two to get the NOA1 paper.


And as for the marriage cert, again, like with the license wait time, find out if you can take the signed license after your wedding to the court house yourself to turn in. If you can then you usually can get a copy of your marriage license and have it in the system the same day you give it to the court records office.

[Ash.1101 1,755]

Check with your local county court, some licenses have a 72 hour wait time. They gave us ours the day we applied, but it was only because we were getting married past that 3 day wait time.


You're considered out of status once your I-94 expires. 90 days starts ticking the day you enter the country, so when your I-94 expires, if you haven't applied for AOS and recieved the NOA1 (form I-797) then you're out of status.

No harm though if you don't apply for AOS until after your I-94 expires, just do it as soon as possible.

Once your have your NOA1 for AOS you're in a limbo status, you're legal enough to be here, but not legal enough to do anything. It usually only takes a week or two to get the NOA1 paper.


And as for the marriage cert, again, like with the license wait time, find out if you can take the signed license after your wedding to the court house yourself to turn in. If you can then you usually can get a copy of your marriage license and have it in the system the same day you give it to the court records office.

[vosvis 2]

Thanks a lot you two for clarifying this for me.

[C-ma'am 684]

**Post moved from K1 to AOS from family visas. OPs question is regarding an AOS process and procedure.