Is Marriage Certificate really needed for AOS I-485?

[Timona 3,970]

1 hour ago, Sarge2155 said:

Different language and different ways of saying it, just like there are different ways to write a date. It depends on where you come from!

 

But there's only one correct way of saying something that just passed. I see this a lot with many people. Ooo last July when they're actually referring to this past July. Anyway, I just get on edge with such. 

[Timona 3,970]

2 minutes ago, almendez said:

Right. Im actually on my way to Norwalk, CA where my marriage license was submitted. I have liitle hope of getting certified copy today, but it could be worth a shot. 

 

Call then before you get there and ask them to have it ready. All they'll ask is what's the name of either party, search it on their record, use a printer and that's it. 

And I don't remember, but I think it's only cash...all I know is that it's less than $10. 

[Scandi 3,979]

12 hours ago, almendez said:

Hello all,

 

My Fiancé and I got married here in Los Angeles last August 8. She came here in the U.S. under K-1 Visa in June 10. We are now looking into filing for Adjustment of Status for her Green Card. (Just an FYI, my wife changed her last name to mine)

 

The process for Marriage Certificate here in Los Angeles takes about 6-8 weeks (probably longer). I have done some research here and other websites saying that a Marriage Certificate is really needed for filing AOS. I have consulted Visa services and immigration lawyers and they all mentioned that we can file now without the Marriage Certificate and just submit my my Customer Copy of Marriage License that I got from getting the Marriage License form and signed by the Officiant of my Wedding.

I have read the I-485 instructions and on Page 9 it is stated: 
"If you are unable to submit the required primary evidence (for example, a birth certificate or marriage certificate), you may provide secondary evidence (for example, church or school records) instead if you can explain why the primary evidence is unavailable.  If you are unable to submit secondary evidence, you may submit two or more affidavits, sworn to or affirmed by individuals who are not parties to the immigration benefit sought and who have direct personal knowledge of the event and circumstances.  You must also explain why primary and secondary evidence are unavailable."

 

So now, I am confused. for my understanding right now, Marriage Certificate is required as a primary evidence, but I can submit a secondary evidence such as my Customer Copy of Marriage License along with photos, and records from the officiant?

 

Also, my wife's I-94 is about the expire on Sept 7. Is there any difference on filing AOS between unexpired and expired I-94? and if my wifes I-94 expired,  Is she still ok to stay here in the U.S?

 

When you receive and RFE, is the delay really that long even if you have the evidence and sent to USCIS right away?

 

Just to let you guys know that the reason why we are a bit rushing is that my wife I-94 is about to expire, she would like to work right away and to also get a SSN to be able to acquire drivers license.

Just seeking some clarifications on this and If anyone here has filed for AOS and  had or have the same situation now. I thank you all in advance.

 

Send the AOS package as soon as possible. When your paperwork was handled in to the county clerk you received a "customer copy" of the license, you can send a copy of that with the package for now. You can send the actual marriage certificate later on if you get an RFE, if not you just bring it to the interview. 

 

The wait time was 8 weeks back in 2016 too, but we got our certificate in 4 weeks. 

Edited August 23, 2022 by Scandi

[almendez 0]

I just called them and they said that since its only been 2 weeks since we got married, the marriage certificate is not yet ready.

[Scandi 3,979]

6 hours ago, Timona said:

You can go back or call the clerk's office where you submitted your MC and ask for a certified copy. Use that certified copy for AOS. It does the same job. It's $10 or less for the certified copy. You can get it today, just call the clerk's...been there for a friend, done that. 

 

And why do people say "last August 08" when they're talking about this past August 08. Last August 08 refers to 2021 🤦🏽‍♂️

That 6-8 week wait time is for them to RECORD your marriage, it's not to produce the actual certificate. 

 

So if they haven't recorded your marriage yet, then there's also no certificate.

1 minute ago, almendez said:

I just called them and they said that since its only been 2 weeks since we got married, the marriage certificate is not yet ready.

That 6-8 week wait time is for them to RECORD your marriage, it's not to produce the actual certificate. 

 

So if they haven't recorded your marriage yet, then there's also no certificate. The certificate takes a matter of minutes to produce, that's not the issue. 

[almendez 0]

6 minutes ago, Scandi said:

That 6-8 week wait time is for them to RECORD your marriage, it's not to produce the actual certificate. 

 

So if they haven't recorded your marriage yet, then there's also no certificate.

That 6-8 week wait time is for them to RECORD your marriage, it's not to produce the actual certificate. 

 

So if they haven't recorded your marriage yet, then there's also no certificate. The certificate takes a matter of minutes to produce, that's not the issue. 

Thank you. Since im still on the way to Norwalk CA. I'll just ask  and see if I can get it today.

 

If not. I guess we will file for AOS with just customer copy and expect the RFE. Hopefully by then we have the certified copy of marriage certificate.

[discoverusa 233]

Let us know how it goes. Ask politely if they are willing to speed up the process for you due to AOS. Might work, depending on who you get. 

[Letspaintcookies 2,235]

26 minutes ago, almendez said:

Thank you. Since im still on the way to Norwalk CA. I'll just ask  and see if I can get it today.

 

If not. I guess we will file for AOS with just customer copy and expect the RFE. Hopefully by then we have the certified copy of marriage certificate.

A RFE would be your best outcome. A rejected application because of missing documents likely and a denial possible and then your money is gone. If you file all of those three can happen.

Edited August 23, 2022 by Letspaintcookies

[SalishSea 16,912]

8 hours ago, AW1704 said:

You do need the marriage certificate, but missing it will only cause an RFE. I got an RFE during I485 - not for marriage certificate - but it probably caused a 4 month delay to my case. 
 

If you don’t file before the I-94 expires, your wife is then out of status and is running a higher risk of being removed from the country. There are several stories here on VJ of people delaying filing to beyond the I94 and the beneficiary getting in trouble and maybe being removed.

 

imo, the RFE is inconvenient, filing after the I94 is a potentially life-changing and unnecessary risk. 
 

good luck! 

I wouldn’t risk it.   They are not required to send an RFE.   They can reject it outright.

[SalishSea 16,912]

13 hours ago, almendez said:

Hello all,

 

My Fiancé and I got married here in Los Angeles last August 8. She came here in the U.S. under K-1 Visa in June 10. We are now looking into filing for Adjustment of Status for her Green Card. (Just an FYI, my wife changed her last name to mine)

 

The process for Marriage Certificate here in Los Angeles takes about 6-8 weeks (probably longer). I have done some research here and other websites saying that a Marriage Certificate is really needed for filing AOS. I have consulted Visa services and immigration lawyers and they all mentioned that we can file now without the Marriage Certificate and just submit my my Customer Copy of Marriage License that I got from getting the Marriage License form and signed by the Officiant of my Wedding.

I have read the I-485 instructions and on Page 9 it is stated: 
"If you are unable to submit the required primary evidence (for example, a birth certificate or marriage certificate), you may provide secondary evidence (for example, church or school records) instead if you can explain why the primary evidence is unavailable.  If you are unable to submit secondary evidence, you may submit two or more affidavits, sworn to or affirmed by individuals who are not parties to the immigration benefit sought and who have direct personal knowledge of the event and circumstances.  You must also explain why primary and secondary evidence are unavailable."

 

So now, I am confused. for my understanding right now, Marriage Certificate is required as a primary evidence, but I can submit a secondary evidence such as my Customer Copy of Marriage License along with photos, and records from the officiant?

 

Also, my wife's I-94 is about the expire on Sept 7. Is there any difference on filing AOS between unexpired and expired I-94? and if my wifes I-94 expired,  Is she still ok to stay here in the U.S?

 

When you receive and RFE, is the delay really that long even if you have the evidence and sent to USCIS right away?

 

Just to let you guys know that the reason why we are a bit rushing is that my wife I-94 is about to expire, she would like to work right away and to also get a SSN to be able to acquire drivers license.

Just seeking some clarifications on this and If anyone here has filed for AOS and  had or have the same situation now. I thank you all in advance.

 

Work authorization can take up to 8 months.   
 

sounds like no part of this process was researched or planned for ahead of time- results in additional time and money wasted, totally avoidable.

[beloved_dingo 1,939]

Personally, I wouldn't file yet. For all you know, the marriage certificate could be ready in a week and you could file with no worries at all. 

 

If you don't receive it prior to I-94 expiration, you need to decide which risk you'd rather face:

 

1. The risk that instead of getting an RFE for the marriage certificate, your petition is outright rejected and you'll have to refile + pay the AOS fees again. (More likely than #2)

2. The risk that your spouse will be out of status after September 7th and could face difficulties with immigration. (Less likely than #1, but would be a major headache)

 

Keep in mind that if #1 happens, then you will likely end up in the same boat as #2 anyway because your spouse's I-94 would be expired by the time the petition was rejected/returned. 

 

Also I would get the AOS packet ready ASAP so it can go in the mail the second you get that marriage certificate in hand. 

[almendez 0]

1 hour ago, Scandi said:

That 6-8 week wait time is for them to RECORD your marriage, it's not to produce the actual certificate. 

 

So if they haven't recorded your marriage yet, then there's also no certificate.

That 6-8 week wait time is for them to RECORD your marriage, it's not to produce the actual certificate. 

 

So if they haven't recorded your marriage yet, then there's also no certificate. The certificate takes a matter of minutes to produce, that's not the issue. 

I arrived here in Norwalk and spoke to a supervisor. She said it still processing. No option to expedite it and give me a copy of the marriage certificate. 

 

I thank you all again for the replies and advises. I know that this could be all avoided if i have lots of research prior getting married. I really wish i knew all these info and prevented this. 

 

So now ill have to decide on whats my course of action here. File with a customer copy and take the risk of RFE or just wait for the Marriage certificate have my wife overstay with no status?

 

 

 

 

[Scandi 3,979]

33 minutes ago, almendez said:

I arrived here in Norwalk and spoke to a supervisor. She said it still processing. No option to expedite it and give me a copy of the marriage certificate. 

 

I thank you all again for the replies and advises. I know that this could be all avoided if i have lots of research prior getting married. I really wish i knew all these info and prevented this. 

 

So now ill have to decide on whats my course of action here. File with a customer copy and take the risk of RFE or just wait for the Marriage certificate have my wife overstay with no status?

 

 

 

 

Overstay isn't that big of a deal tbh, just don't drag it out for months. I personally would wait for the certificate if it was me. It could go a lot quicker than 8 weeks, for us it took 4 (the wait times were 6 to 8 weeks back then too).

 

After 3 weeks I called them every other day to see if it was done, one day they told me the marriage had been recorded that same morning and that my certificate was laying there (Norwalk county clerk) waiting to be shipped to me.

 

I decided to drive there immediately to pick it up in person before they managed to ship it out since I didn't want to wait a few extra days (my marriage was recorded on December 21 2016 and the fees for AOS were going up A LOT on Dec 23rd, so had to get my package post stamped before that). It all worked out fine.

 

I agree though, had I known how long the wait times were to get the marriage recorded, I would've gotten married in a different county. 

Edited August 23, 2022 by Scandi

[Timona 3,970]

47 minutes ago, almendez said:

I arrived here in Norwalk and spoke to a supervisor. She said it still processing. No option to expedite it and give me a copy of the marriage certificate. 

 

I thank you all again for the replies and advises. I know that this could be all avoided if i have lots of research prior getting married. I really wish i knew all these info and prevented this. 

 

So now ill have to decide on whats my course of action here. File with a customer copy and take the risk of RFE or just wait for the Marriage certificate have my wife overstay with no status?

 

What did you specifically ask for? 

They're getting extra money so it shouldn't be a problem to give you a certified copy. 

 

My friend had sent his in 2020 July. Come August, it hadn't come back yet. So, I just helped call the county clerk. They told us the MC wasn't ready and that it'll be mailed back. We already know that. So, we asked for a certified copy. They told us "Come get it. You're paying anyway." This was at 12pm. My friend left work at 1pm and passed by and it was already printed, waiting for him at 2pm. 

 

So, call back, speak to someone else. Ask them to get you a certified copy. Since you're paying, there shouldn't be any issue. Actually, I think they just go on computer and print the input they put in there to issue the marriage license, then just certify is since they can see that you returned your license BUT it hasn't been worked on yet. So, it's just a matter of printing. 

 

Call again tomorrow. And if one tells you, NO, call again after an hour. You'd be surprised how many different answers you hear from the same department, 2 people sitting an arms away from each other. I'm helping another get a divorce record and everyday we call, different story..Today yes. Tomorrow No. 

[Timona 3,970]

3 hours ago, Scandi said:

That 6-8 week wait time is for them to RECORD your marriage, it's not to produce the actual certificate. 

 

So if they haven't recorded your marriage yet, then there's also no certificate.

That 6-8 week wait time is for them to RECORD your marriage, it's not to produce the actual certificate. 

 

So if they haven't recorded your marriage yet, then there's also no certificate. The certificate takes a matter of minutes to produce, that's not the issue. 

 

You don't have to wait for your marriage to be recorded. And as I told OP, I've done this before. Since you returned the license, you can ask them for a certified copy while you wait for however long it'll take to get the registered back. 

 

I did this for a friend. His AOS package was shipped with the certified copy of the license, not a copy of the MC. He had his interview early this year. USCIS had no problem with the certified copy. As I said above, I think this copy is just a print of the marriage license data and all they do is certify it being that they have it back but haven't just registered. Why I think so? When we called, the dude just told me, "Come over and pick. It'll be ready in 2 mins. I just need to print it." So, I doubt if he went into archives to look for your returned marriage license. That's why I suspect that they just go on the system, print it out, just the same way they produced the license BUT this time around, they just certify.