What if i don't get the recorded marriage certificate back before the 90 day K1 fiance visa expires?

[LabOz 915]

On 11/9/2019 at 7:21 AM, jaysaldi said:

I am getting married next week and just learned that it may take weeks to get the recorded marriage certificate mailed to me.  This will put us beyond the 90 days. The officiant says he can take a photo of what he files at the courthouse (is that a file stamped non-recorded marriage certificate or something else)? But I am worried that it won't be sufficient to adjust status.

What should I do?

 

1. File for AoS before the 90 days expires with the photo of documentation he sends me and possibly/probably get an RFE?

2.  Wait beyond the ninety days and file for AoS?

3. File for AoS within and then supplement that filing in a few weeks with a nice copy of the recorded marriage certificate?

Also, after we file for AoS, what paperwork should my fiancee carry with her to prove she is in the country legally?  

 

Thanks 

You are not required to file AOS before the 90 days expires. You are only required to be officially MARRIED before the 90 days expires. Wait until you get your marriage certificate from the State and file AOS at that time. Have a copy or the original passport with visa on her at all times until the EAD/AP combo card shows up.

[waysoftheshadow 24]

On 2/3/2020 at 2:30 PM, LabOz said:

You are not required to file AOS before the 90 days expires. You are only required to be officially MARRIED before the 90 days expires. Wait until you get your marriage certificate from the State and file AOS at that time. Have a copy or the original passport with visa on her at all times until the EAD/AP combo card shows up.

I was wondering why all these people were worried about filing after the 90 days. Some people wait months to file. You just have to marry within the 90 days. 

[geowrian 22,335]

24 minutes ago, waysoftheshadow said:

I was wondering why all these people were worried about filing after the 90 days. Some people wait months to file. You just have to marry within the 90 days. 

There's 2 issues being covered...

1) Eligibility to AOS under the I-129F petition. This only requires that you marry within 90 days.

2) Being in the US legally. This ends at 90 days. If you do not file for AOS within those 90 days, you will be unlawfully present and subject to deportation. When you file for AOS, you get a period of authorized stay, but until then, you're the same as anybody else who has overstayed a visa.

 

So if the question is "Can we AOS after 90 days?", then the answer is yes.

If the question is "Am I required to file for AOS within the 90 days to remain in the US legally?" then the answer is also yes.

But hopefully you don't get caught for overstaying until you do file for AOS. It's not common, but it does happen. One VJ member last year spent a few weeks in detention because he got caught a few weeks after the 90 day deadline.

Edited February 5, 2020 by geowrian

[LabOz 915]

On 2/5/2020 at 7:54 AM, geowrian said:

There's 2 issues being covered...

1) Eligibility to AOS under the I-129F petition. This only requires that you marry within 90 days.

2) Being in the US legally. This ends at 90 days. If you do not file for AOS within those 90 days, you will be unlawfully present and subject to deportation. When you file for AOS, you get a period of authorized stay, but until then, you're the same as anybody else who has overstayed a visa.

 

So if the question is "Can we AOS after 90 days?", then the answer is yes.

If the question is "Am I required to file for AOS within the 90 days to remain in the US legally?" then the answer is also yes.

But hopefully you don't get caught for overstaying until you do file for AOS. It's not common, but it does happen. One VJ member last year spent a few weeks in detention because he got caught a few weeks after the 90 day deadline.

It can also depend what city or state you are located in. Some cities the local law enforcement is prohibited from asking your immigration status. https://americasvoice.org/blog/what-is-a-sanctuary-city/

[geowrian 22,335]

7 hours ago, LabOz said:

It can also depend what city or state you are located in. Some cities the local law enforcement is prohibited from asking your immigration status. https://americasvoice.org/blog/what-is-a-sanctuary-city/

Correct - some areas prohibit local law enforcement from asking about immigration status.

Note (for others reading this later) that this does not cover other law enforcement agencies. It's "less risky" to be out of status in some areas than others.

I wouldn't say "It can also depend", though. The requirement is the same everywhere as we are talking about federal law. It's just getting caught is less likely in some ares than others.

[jeanieCZ 228]

On 2/5/2020 at 10:54 AM, geowrian said:

There's 2 issues being covered...

1) Eligibility to AOS under the I-129F petition. This only requires that you marry within 90 days.

2) Being in the US legally. This ends at 90 days. If you do not file for AOS within those 90 days, you will be unlawfully present and subject to deportation. When you file for AOS, you get a period of authorized stay, but until then, you're the same as anybody else who has overstayed a visa.

 

So if the question is "Can we AOS after 90 days?", then the answer is yes.

If the question is "Am I required to file for AOS within the 90 days to remain in the US legally?" then the answer is also yes.

But hopefully you don't get caught for overstaying until you do file for AOS. It's not common, but it does happen. One VJ member last year spent a few weeks in detention because he got caught a few weeks after the 90 day deadline.

Hmm, is "unlawfully present" the same as "out of status"?

 

I don't understand why is there so much focus on getting married within the 90 days - the CBP reminded me of that, the immigration lawyer said the same, when I applied for SSN the lady at the counter said the same...etc.  But at the same time nobody said "hey, you should file your AOS within the 90 days, too". I'm not blaming others for sth that I feel I should have known. I just think it's strange nobody mentioned it considering it's sth that could get one deported. 

Ah well, assembling AOS package as we speak and will file ASAP after my 90 days. 

[geowrian 22,335]

8 minutes ago, jeaniecz said:

Hmm, is "unlawfully present" the same as "out of status"?

Not exactly.

Being in status means you are lawfully present. But you can also be lawfully present while being out of status. For example, Temporary Protected Status (TPS) beneficiaries have no status but are also considered lawfully present. Somebody who has timely filed a proper COS or EOS application, or anybody with a properly filed AOS application, has a period of authorized stay (along with other cases). All of these cases do not accrue unlawful presence.

 

Somebody who has just overstayed a visa, for example, would be both out of status and accruing unlawful presence. This covers the vast majority of what most people think of when they hear "out of status". It's just that there are other circumstances that don't fit that mold that most non-immigration-focused people  don't think of or aren't aware of.

 

8 minutes ago, jeaniecz said:

I don't understand why is there so much focus on getting married within the 90 days - the CBP reminded me of that, the immigration lawyer said the same, when I applied for SSN the lady at the counter said the same...etc.  But at the same time nobody said "hey, you should file your AOS within the 90 days, too". I'm not blaming others for sth that I feel I should have known. I just think it's strange nobody mentioned it considering it's sth that could get one deported. 

Ah well, assembling AOS package as we speak and will file ASAP after my 90 days. 

Getting married within 90 days is the first step to qualify to AOS under the existing petition (getting married after the 90 days requires an I-130 petition to be filed as well).

Technically, there is no requirement to file AOS at all. You can marry then leave just fine. I realize that's not the common route people do with a K-1, but it is an option.

CBP doesn't deal with AOS so I wouldn't expect them to really know the entire process. They're a different agency within DHS. The SSA typically has even less of a clue when it comes to immigration. They just know people either qualify for or don't qualify for an SSN (and are wrong to often at that...) based on either their status or having an EAD or green card. They don't know/care what is involved to get there.

[jeanieCZ 228]

13 minutes ago, geowrian said:

Getting married within 90 days is the first step to qualify to AOS under the existing petition (getting married after the 90 days requires an I-130 petition to be filed as well).

Considering we have married within the 90 days, I do not need the I-130, right?

 

 

[geowrian 22,335]

15 minutes ago, jeaniecz said:

Considering we have married within the 90 days, I do not need the I-130, right?

Correct