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.