AOS filing once visa has expired

[Going through 5,668]

8 hours ago, Phillipians said:

Seems you did not read my original post.. I can not file the paperwork, because my marriage certificate takes 6-8 weeks..hence the whole purpose behind this post

 

What myself and others are attempting to tell you is that the likelihood of your out-of-status period coming into USCIS's radar is extremely slim to none, and that once the paperwork is filed, any overstay is forgiven as per USCIS policy.  Yes, it's a bit of a limbo to be in temporarily, however your authorized stay after filing trumps that.  Don't get too stressed out about it---likely the actual time between being out of legal status and filing the paperwork is little.

 

Some people stay out of status for a year or more before filing their AOS----not the best idea, but it happens and is worse than the situation you find yourself in.

 

Unfortunately there is no work-around to sending the marriage certificate----all you can do at this point is wait until you get it.

 

Try not to bite the hands that feed you (as the saying goes)--most people are here to help you, if you want to receive it.

[Dashinka 23,245]

Three pages?  

 

As to wanting to file the AOS prior to the end of your 90 day authorized stay is admirable and recommended by most, you cannot submit it with a key required piece of evidence missing to get the clock running as USCIS is cracking down on those submissions with immediate denial, but of course they keep your money.  As others have said, coming on the radar of ICE is highly unlikely unless a crime is committed, so simply put, you have to wait for the marriage certificate.

 

Good Luck!

[TheSkywalkers 143]

16 hours ago, Phillipians said:

but i would really rather not acrue illegal time in between visa expiry and filing.

As soon as you get married, your visa is no longer of any importance because you have already used it for its purpose which is to get married within 90 days from the day you arrived here in the States. 

 

No, you cannot provide any other document "in lieu" of your marriage certificate because that is one of the most vital parts of the AOS application. The only document that would prove you two are married and that it has been legally done and recorded to the database as a valid marriage is your marriage certificate. Providing anythings "in lieu" of the marriage certificate might merit you an RFE. 

 

I understand that you are worried about being deported.  But the thing is, so many people have already answered your question but you are not open-minded enough to understand what they're telling you. You only hear what you want to hear.

 

No, YOU WILL NOT BE DEPORTED JUST BECAUSE YOUR VISA HAS ALREADY 'EXPIRED'. You were able to get married within 90 days via the visa that you have. And you are going to file for your AOS soon. They will not deport you just because you were not able to file for AOS right away. 

 

IGNORE THE VISA EXPIRATION DATE. IT HAS NO VALUE ANYMORE SINCE YOU HAVE ALREADY USED IT AND IT HAS SERVED ITS PURPOSE AND YOU FOLLOWED THE 90 DAY RULE OF GETTING MARRIED. 

 

That's it.

[Efsis 10]

I had a similar issue 5 years ago at an LA county courthouse. The time to receive the certificate was a firm in 6 weeks from the clerk, until I went on about all the things I needed to do (resign from work, have the certificate attested, etc) in order to join my husband overseas (and not for US immigration benefits).. She called the day after the ceremony and told me I could go pick up the certificate. So from 6 weeks it became 1 day. Did you clarify you are in the US with the K1? 

Edited December 23, 2018 by Efsis

[mnk 62]

23 hours ago, Phillipians said:

Dear all

 

My AOS packet is complete and ready to go. We are waiting on the marriage certificate because Los angeles county takes 6-8 weeks to record marriages 😑.

 

By the time i get round to sending my AOS pack, my k1 visa will have been expired. I understand that there is no actual time limit to filing the Aos, but i would really rather not acrue illegal time in between visa expiry and filing. Is there anything i can do? Could i send something in lieu of the certificate and bring the certificate to the interview with a cover letter?

 

In addition, has anyone had this experience with Los Angeles, and been able to get their certificate back sooner?

Our wedding was confidential.

 

Many thanks, Joseph

Our LA county certificate did not take the full 6 weeks. It was ready after two. You can call the Norfolk office with your marriage licence number to check whether it has been recorded yet.  If it has been recorded, it only takes a couple days to come in the mail. It might take just a little longer at this time of year due to the holidays. 

Edited December 23, 2018 by mnk

[Phillipians 6]

20 hours ago, Cyberfx1024 said:

People are trying to help you but you are making a mountain out of mole hill. After the 90 day period of the K1 yes you can be deported. But is it likely? No, it is not likely to happen at all so don't worry about it at all. 

 

Once you actually file for AOS you will be fine. 

Next time i need life advice and not visa advice ill let you know

[Phillipians 6]

11 hours ago, TheSkywalkers said:

As soon as you get married, your visa is no longer of any importance because you have already used it for its purpose which is to get married within 90 days from the day you arrived here in the States. 

 

No, you cannot provide any other document "in lieu" of your marriage certificate because that is one of the most vital parts of the AOS application. The only document that would prove you two are married and that it has been legally done and recorded to the database as a valid marriage is your marriage certificate. Providing anythings "in lieu" of the marriage certificate might merit you an RFE. 

 

I understand that you are worried about being deported.  But the thing is, so many people have already answered your question but you are not open-minded enough to understand what they're telling you. You only hear what you want to hear.

 

No, YOU WILL NOT BE DEPORTED JUST BECAUSE YOUR VISA HAS ALREADY 'EXPIRED'. You were able to get married within 90 days via the visa that you have. And you are going to file for your AOS soon. They will not deport you just because you were not able to file for AOS right away. 

 

IGNORE THE VISA EXPIRATION DATE. IT HAS NO VALUE ANYMORE SINCE YOU HAVE ALREADY USED IT AND IT HAS SERVED ITS PURPOSE AND YOU FOLLOWED THE 90 DAY RULE OF GETTING MARRIED. 

 

That's it.

Great job on being *open minded* enough to judge someone's character through a website