Marriage license vs. Marriage certificate

[lucho562 0]

I wonder if the "30-60-90" rule I've heard so much about will be applied to you while y'all adjust, Lucho.

?

[Longview 0]

Bearing in mind that I'm just an average Joe with an immigrant wife (no bona fide legal credentials whatsoever), the guys at ImmigrationPortal always talked about a "30-60-90" policy with regard to spousal-based immigration.

Suppose someone enters on a B1/B2 visa and after "x" days applies for AOS through marriage sponsorship.

If x < 30 = USCIS will accuse the applicant of committing fraud/misrepresentation and the burden of proof lies on the applicant

If 30 < x < 60 = USCIS may accuse the applicant of committing fraud/misrepresentation and the burden of proof lies with the applicant

If 60 < x < 90 = USCIS may accuse the applicant of committing fraud/misrepresentation but the burden of proof will lie with USCIS

If x > 90 = USCIS will most likely not accuse the applicant of committing fraud/misrepresentation

That's from user "Triple Citizen" at ImmigrationPortal, who I generally found to be a reliable person. It was described as a "rule of thumb" many have encountered in their dealings with the USCIS. Take everything I say with skepticism and a large grain of salt unless it's confirmed by someone with experience or legal background, though.

Also, it seems as if many of this forum's posters arrived through the K-1 process, which wouldn't apply. I apologize if I've distracted you from your question.

[lucho562 0]

I dont think it's fraud. I'll be married tomorrow, just wont have the certificate that proves it until 2 weeks later. However when I do get it, it will state that we married on 7-24-07 and not a later date.

I dont think this 30-60-90 thing applies to me.

[one...two...tree 2,762]

Thanks to all that have replied. However I have not so good news.

Just got back from the county clerk/registrar's office. We have our marriage license and are scheduled to get married tomorrow afternoon. However they will not give us a copy of the marriage certificate until 10-14 days later and thats expedited service or shipping...i forgot. Well that puts us past the July 30th price hike deadline.

What should we do?

Should I send everything in and hope for an RFE for not submitting the marriage certificate?

Has anyone forgot to send a copy of their marriage certificate? Did you get an RFE or denial?

I would submit the initial AOS application without the marriage certificate, perhaps with a letter of explanation stating why you didn't include it. You'll probably get an RFE, but that's it. I wouldn't sweat it, IMO.

[Sheriff Uling 3]

The answer to your first question in the subtitle is "YES!"

[Caladan 19]

The 30-60-90 rule, such as it is, "applies" (imagine the raised eyebrows with the scare quotes and heavy eye-rolling) to people who entered on a tourist visa or similar and married to adjust status. The idea is that if you wait 60 days, it's very hard for USCIS to prove that you entered with immigrant intent. Why? Because if your intent was to misuse a tourist visa, you wouldn't have waited 60 days.

You're SUPPOSED to get married on the goddamn K-1. That's what it's there for, and there is no penalty for getting married the day after you enter on the K-1. Check the timelines of people who entered on the K-1 and didn't, unlike C and I, have to deal with the Catholic Church. There's no penalty for getting married on day 61 or day 14 or day 2. If that's the advice Immigration Portal offers, I suggest you find another source of information because they're quite obviously full of sh!t..

To the OP, you may just have to pay the extra fee. Remember, though, that the new fee includes work authorization and advance parole, so if you were planning on applying for those anyway, you're only out another $200 or so. Which sucks, but shouldn't cripple you.