Marriage Certificate for AOS

[NY-Viking]

I know this has been discussed before, but I can't seem to find it.

 

Sorry I've been away from the board for a while, but I've been busy with school, work, my fiancee adjusting to the U.S., planning the wedding, etc.

 

We will have our US ceremony (did a non-legal one in China previously) in a couple of weeks and will then be applying for AOS. I know we need to submit a "copy of the marriage certificate" for AOS, but I'm not sure what this means. The minister who marries us will sign the document with us and send it off the day of the wedding, but even if we took it to the office, NY said they'd need 6-8 weeks to send us the official license.

 

We'll fulfill the requirement of getting married within 90 days of her entry, but there is no way we'll have the marriage license back from NY State before the 90 days expire. How do we file for AOS? Can we submit a copy of the document the minister signs with us?

 

Any thoughts??? Like I said, I'm fairly certain this has been discussed previously on CFL, but I can't seem to find it. Thanks in advance!!!

[LeeFisher3]

The visa required you to be married within 90 days and you are actively seeking to file AOS, but waiting on another government agency to provide the documents required by another, so as always you wait.

 

It is amazing the differences between various states to certify a marriage certificate, do you think they needed to do a name on everone listed on the marriage license?

[frank1538]

If she doesn't file for AOS within the 90 days, she is technically out of status, BUT I have never heard of any adverse consequences flowing from filing the AOS after the 90 days. I wouldn't be worried if I couldn't get the AOS in within the 90 days due to not being able to get the required paperwork from the state.

[Trigg]

Then again you could always file for AOS using the signed document you will be getting. This will satisfy the 90 day requirement and the worst they could do is an RFE for the marriage certification. This would give you enough time for your state to process it.

 

Just a thought.

[NY-Viking]

I guess the main consequence of not being able to apply for AOS within the 90 days is that we also would be held up in applying for EAD, which is becoming an issue, as she has nothing to do during the day now.

[NY-Viking]

Then again you could always file for AOS using the signed document you will be getting. This will satisfy the 90 day requirement and the worst they could do is an RFE for the marriage certification. This would give you enough time for your state to process it.

 

Just a thought.

154831[/snapback]

Of course it will be a photocopy of that signed document ... the original gets submitted to NY for processing.

[john90]

I guess the main consequence of not being able to apply for AOS within the 90 days is that we also would be held up in applying for EAD, which is becoming an issue, as she has nothing to do during the day now.

154864[/snapback]

We are kind of in the same boat as both of you are; we are getting ready to file the AOS pretty soon, like within the next week. We have all the paperwork together except for the I693 Vaccination Supplemental form.

 

I know its a pain for a fiance to stay at home waiting our government to process the AOS and EAD paperwork, especially if they want to work. My fiance wants to work, and is somewhat frustrated at the amount of time it will take to process the EAD, so I am trying to get her to do some volunteer work.

 

I don't know where you are in New York, but if you are in New York City area, New York Cares non profit organization has volunteer job matching program. If you aren't in NYC area, you may want to locate a similar type of program in your neighborhood.

 

I figure that if my wife can work in a volunteer job part time at least, then it will help her keep busy and build up some work related references. At least the volunteer jobs wont be requiring an EAD to start. Occasionally, if you find the right volunteer job and if the volunteer performs well on the job, it could possibly lead to a paying position with the organization you are volunteering your services for.

Edited September 17, 2005 by john90 (see edit history)

[NY-Viking]

Thanks John. Actually not in NY at all, but we'll be getting married there. Long story.

 

Anyway, she's been going to some English classes, but wants to find something to actually make money with since I'm in school right now. It'll work out.

[awch]

Maybe you could do the paperwork, i.e. a justice of the peace marriage first, in order to speed things up. Maybe even do that in another county or state.

[HanLi]

Do as Trigg suggested, get a photo copy of the document that the minister signs for the actual certificate, use that to file, you have met your obligation within the 90 day window....

good luck

[NY-Viking]

Maybe you could do the paperwork, i.e. a justice of the peace marriage first, in order to speed things up. Maybe even do that in another county or state.

155018[/snapback]

Thanks, but if we'd wanted to do a JOP or something to "speed things up" that would have had to have been done months ago to be any good. And it would miss the point. But anyway, I'll probably submit the photocopy of the signed certificate, but will also call Homeland Security to see what they say. Not like we have much of a choice.

[warpedbored]

Now I don't presume to know how they do things in the great state of New York but here in Oregon after the ceremony the person preforming the ceremony signs it and sends it into the state. It takes about 4 days for it to get there and be entered into the computer then you can go down to the same place where you got your marriage licence and get a certified copy. The Judge even offered to let us take it down ourselves to get it entered faster but we declined. Perhaps instead of waiting 8 weeks for them to send it to you, you could just go down there and get one. All that is required is a certified copy of the marriage licence signed by the person who marries you. The marriage certificate itself is more for show or to hang on the wall.

[NY-Viking]

Now I don't presume to know how they do things in the great state of New York but here in Oregon after the ceremony the person preforming the ceremony signs it and sends it into the state.  It takes about 4 days for it to get there and be entered into the computer then you can go down to the same place where you got your marriage licence and get a certified copy.  The Judge even offered to let us take it down ourselves to get it entered faster but we declined.  Perhaps instead of waiting 8 weeks for them to send it to you, you could just go down there and get one.  All that is required is a certified copy of the marriage licence signed by the person who marries you.  The marriage certificate itself is more for show or to hang on the wall.

155537[/snapback]

Thanks, but in the rapid paced big city, they take 8 weeks no matter what, including if we had it done there, at the clerk's office, the day after we paid for the license. It may come sooner, who knows?