AOS w/o marriage certificate - HELP

[Arnold_and_Joan 0]

Hi,

We still haven't got our marriage certificate though we asked it be expedited and paid extra fee. We got married in Hawaii. We're wondering if I can send the entire package now without the certificate and get an RFE later. Would the entire package be sent back to us and have us start over paying the increased fee? If I send it postage stamped on Monday Jul 30 - would that still be the old fee or the increased fee?

thanks for any advice

arnold & joan

[Cécy 44]

July 30th marks the start of the new fee. So I think it doesn't really matters for you, you should wait until you get your certificate, it will be safer.

[Kez/JWolf 6]

You are too late to pay the old fee.... you would have had to have it in the mail yesterday.... so if you file it tomorrow you will have to pay the new fee.... you are better off waiting for the marriage certificate then file....

Kez

[sunandmoon 450]

Hi,

We still haven't got our marriage certificate though we asked it be expedited and paid extra fee. We got married in Hawaii. We're wondering if I can send the entire package now without the certificate and get an RFE later. Would the entire package be sent back to us and have us start over paying the increased fee? If I send it postage stamped on Monday Jul 30 - would that still be the old fee or the increased fee?

thanks for any advice

arnold & joan

July 30th marks the start of the new fee. So I think it doesn't really matters for you, you should wait until you get your certificate, it will be safer.

the new fees take effect on July 30th

[thetreble 19]

If you are filing an AOS family based petition, I would file with the marriage certificate as that is the whole basis of your case.

[JamalNTam 1]

We didnt! lol! We filled before the new fees took place asm we were told our marriage cert would be sent afer about 1 month and we wanted to file before the new fees. We sent in a copy of the marriage license and we were given a 'marriage cert' which the minister filled in, which is bascially the certified marriage cert without the notary! We are expecting a RFE, but at least we didnt pay the higher fees! The annoying thing is that the actual certified marriage cert arrived only 1 week after and that was without payin anything extra for a fast service!!!

[thetreble 19]

That's great Jamal. However, Arnold and Joan are already now in the new fees bracket any ways. While they might not have to file with the marriage certificate right away, only to wait for an RFE. That RFE is going to delay their application and who knows for how long by the time USCIS sends it out and they send in the cert. In their situation, I would just wait if you aren't in any rush.

[no name 1]

That's great Jamal. However, Arnold and Joan are already now in the new fees bracket any ways. While they might not have to file with the marriage certificate right away, only to wait for an RFE. That RFE is going to delay their application and who knows for how long by the time USCIS sends it out and they send in the cert. In their situation, I would just wait if you aren't in any rush.

[Kez/JWolf 6]

We didnt! lol! We filled before the new fees took place asm we were told our marriage cert would be sent afer about 1 month and we wanted to file before the new fees. We sent in a copy of the marriage license and we were given a 'marriage cert' which the minister filled in, which is bascially the certified marriage cert without the notary! We are expecting a RFE, but at least we didnt pay the higher fees! The annoying thing is that the actual certified marriage cert arrived only 1 week after and that was without payin anything extra for a fast service!!!

Lets hope they dont reject your entire packet and return it to you, because without that marriage certificate you have no basis for filling for AOS.... if they do you will have to refile with the new fee...

Good Luck

Kez

[JamalNTam 1]

We didnt! lol! We filled before the new fees took place asm we were told our marriage cert would be sent afer about 1 month and we wanted to file before the new fees. We sent in a copy of the marriage license and we were given a 'marriage cert' which the minister filled in, which is bascially the certified marriage cert without the notary! We are expecting a RFE, but at least we didnt pay the higher fees! The annoying thing is that the actual certified marriage cert arrived only 1 week after and that was without payin anything extra for a fast service!!!

Lets hope they dont reject your entire packet and return it to you, because without that marriage certificate you have no basis for filling for AOS.... if they do you will have to refile with the new fee...

Good Luck

Kez

Even without the 'certified' marriage cert it's pretty obvious that we got married, infact, it even has the state of nv seal, and like I said, it's eactly the same as the certified copy, except it doesnt have a raised seal, which wouldn't show on a photocopy that well. I'm sure they dont go though the applicaton with a fine tooth comb when they first receive it, just find the check, make sure its the correct amount, issue a NOA1 and put it aside until someone starts looking at it.

[Kez/JWolf 6]

We didnt! lol! We filled before the new fees took place asm we were told our marriage cert would be sent afer about 1 month and we wanted to file before the new fees. We sent in a copy of the marriage license and we were given a 'marriage cert' which the minister filled in, which is bascially the certified marriage cert without the notary! We are expecting a RFE, but at least we didnt pay the higher fees! The annoying thing is that the actual certified marriage cert arrived only 1 week after and that was without payin anything extra for a fast service!!!

Lets hope they dont reject your entire packet and return it to you, because without that marriage certificate you have no basis for filling for AOS.... if they do you will have to refile with the new fee...

Good Luck

Kez

Even without the 'certified' marriage cert it's pretty obvious that we got married, infact, it even has the state of nv seal, and like I said, it's eactly the same as the certified copy, except it doesnt have a raised seal, which wouldn't show on a photocopy that well. I'm sure they dont go though the applicaton with a fine tooth comb when they first receive it, just find the check, make sure its the correct amount, issue a NOA1 and put it aside until someone starts looking at it.

They do check your application for completeness before they issue the NOA1... but lets hope your right....

Kez

[Arnold_and_Joan 0]

Thanks everyone.

Yeah, I missed the boat. I thought it was going to be Aug 1st where the fees changed - I misunderstood and should've double checked. I was going to send paperwork in like JamalNTam without the marriage cert just to make it within the lower fee bracket and just hope for an RFE Good luck to JamalNTam who went that route. I hope they just send you an RFE.

Arnold & Joan

[thetreble 19]

We don't want to burst your bubble jamal, but they are pretty stringent when they deal with this stuff. They are going to want the marriage certificate with the specific notary. I understand you not wanting to pay the higher fees! I wouldn't either! Just expect to get that RFE and know that your process is going to be a bit longer. I got an RFE as well and my application is going to be delayed a tiny bit longer than it would have taken.

Although in your case arnold and joan, if you have no proof of marriage at this point, don't bother sending it in. Like it was previously stated, you can't file a family based petition based upon marriage without a marriage certificate. I think that would be pointless. However, I'm not the law so...maybe you can.

Edited July 30, 2007 by thetreble

[JamalNTam 1]

O yea - we expect a RFE - we just dont think its going to be returned to us and that we'll have to submit a whole new application

[thetreble 19]

It might not...be positive. Always expect things to pop up though! Dealing with this stuff is...#######! haha