I-485 - Possibly Screwed Up

[Zingaro]

I might have screwed up the timing on the I-485.

 

The SO and I were married last week, and were' approaching expiration of her K-1 two weeks from now. I hadn't realized that getting a certified copy of the marriage certificate in Los Angeles county took so bloody long - 4 weeks if you go stand in line and request the certificate immediately after the wedding, 3 months if you don't.

 

This means I won't have a certified copy of the marriage certificate for the I-485. What I DO have is the "customer copy" of the certificate, filled out, witnessed, and signed by the deputy commissioner who performed the ceremony. The only missing signature is the rubber stamp of the county registrar and the certification seal.

 

So - this is what I'll have to use with the I-485. What are the chances of either the I-485 being rejected or getting an RFE some months down the road? Anyone have any experience with this?

Edited May 25, 2006 by Zingaro (see edit history)

[LeeFisher3]

Not to worry, the visa requirement was to be married within 90 days.

 

While she will be out of status until you receive the NOA1 you should wait for the certified marriage certificate before you file, mainly because Chicago would probably return the entire thing to you because it was missing.

 

So get everything ready and then enjoy yourselves while you wait for that piece of paper.

[hakkamike]

Not to worry, the visa requirement was to be married within 90 days.

 

While she will be out of status until you receive the NOA1 you should wait for the certified marriage certificate before you file, mainly because Chicago would probably return the entire thing to you because it was missing.

 

So get everything ready and then enjoy yourselves while you wait for that piece of paper.

218124[/snapback]

Yep, what Lee said

[Zingaro]

Not to worry, the visa requirement was to be married within 90 days.

 

While she will be out of status until you receive the NOA1 you should wait for the certified marriage certificate before you file, mainly because Chicago would probably return the entire thing to you because it was missing.

 

So get everything ready and then enjoy yourselves while you wait for that piece of paper.

218124[/snapback]

So sending the certificate that I was issued (not officially certified) isn't a good idea? I know the requirement is to marry within 90 - and to then file for AOS immediately. What I'm wondering is if it is better to file with the existing certificate rather than to let her be out of status for 4-5 weeks, and to risk the whole thing being rejected on those grounds.

[Randy W]

Out of status is okay for K1 - you are allowed up to 180 days (or is it 360) to apply for AOS.

[tmkeith]

Hell, just run up to Vegas. It's only a coupla hours away, right?

[david_dawei]

there's quite a few threads I could reference supporting all the comments above...

 

Here's one member who got it ...

 

Straight From The Horses Mouth, Info On How To Apply for AOS

After waiting on hold for an hour, I was finally able to speak to an immigration officer at the USCIS.  She gave me the following AOS instructions for K-1 Visa Holders.

 

1.  The 90 day K1 deadline only applies to the time in which you must get married... not apply.

 

 

138862[/snapback]

[LeeFisher3]

Not to worry, the visa requirement was to be married within 90 days.

 

While she will be out of status until you receive the NOA1 you should wait for the certified marriage certificate before you file, mainly because Chicago would probably return the entire thing to you because it was missing.

 

So get everything ready and then enjoy yourselves while you wait for that piece of paper.

218124[/snapback]

So sending the certificate that I was issued (not officially certified) isn't a good idea? I know the requirement is to marry within 90 - and to then file for AOS immediately. What I'm wondering is if it is better to file with the existing certificate rather than to let her be out of status for 4-5 weeks, and to risk the whole thing being rejected on those grounds.

218130[/snapback]

Waiting for the certificate is not a big deal and if the question comes up is easy to explain. They just don't make it clear. Really it's a non-issue.

 

Now if you waited 6-10 months that would probably be an issue.

[tonado]

Out of status is okay for K1 - you are allowed up to 180 days (or is it 360) to apply for AOS.

218132[/snapback]

I wouldn't wait that long to apply for AOS.

[hakkamike]

Out of status is okay for K1 - you are allowed up to 180 days (or is it 360) to apply for AOS.

218132[/snapback]

I wouldn't wait that long to apply for AOS.

218167[/snapback]

I dont think I would either but have read a few cases where the AOS was filed a year or close to two after getting married and all still adjusted their status...... I forgot to mention that we filed ours a few months later than the 90 days because we were waiting for a home sale to finish up/move and did not want to do the change of address thing, ours worked out ok tooo.....

Edited May 25, 2006 by hakkamike (see edit history)

[Zingaro]

Thanks for all the input, folks. It's my own fault - shoulda gone right to the (long) line to order the certified copy directly after the wedding. I was a bit misinformed that I could simply order it a few days later and all would be well.

 

However (for those in Los Angeles county) it takes approximately six weeks for the marriage to be recorded, then you can order a copy in person and receive it same day. If you request the copy immediately after the wedding, you only have to wait four weeks.

 

You can order copies online - but you must wait three months before you can request an expedited copy. I know, it defies logic, but this city is as large as some countries and it's not very well run.

[Dan R]

It mey not take that long. Like the visa process they don't give ab accurate date only an outside estimate. We had ours in about three weeks. The officiant sent ours in.

[ameriken]

Not to worry, the visa requirement was to be married within 90 days.

 

While she will be out of status until you receive the NOA1 you should wait for the certified marriage certificate before you file, mainly because Chicago would probably return the entire thing to you because it was missing.

 

So get everything ready and then enjoy yourselves while you wait for that piece of paper.

218124[/snapback]

So sending the certificate that I was issued (not officially certified) isn't a good idea? I know the requirement is to marry within 90 - and to then file for AOS immediately. What I'm wondering is if it is better to file with the existing certificate rather than to let her be out of status for 4-5 weeks, and to risk the whole thing being rejected on those grounds.

218130[/snapback]

I am in the exact same situation as you are. We were married in Vegas and got the regular cert, and have ordered the certified copy, and with Vegas it takes 4-6 weeks to get it.

 

I intend to use the regular copy. They only ask for a copy of the marriage certificiate and do not say anything about it being certified. Also, the application states that copies of original documents are ok. Even with the original certificate we would only be sending the copy.

 

So, I intend to use the certificate we got when we were married.

Edited May 25, 2006 by ameriken (see edit history)

[Zingaro]

It mey not take that long. Like the visa process they don't give ab accurate date only an outside estimate. We had ours in about three weeks. The officiant sent ours in.

218174[/snapback]

You're right, of course. In my experience, the time estimates by city and county agencies are exaggerated. However ... In Los Angeles county, you cannot order an expedited marriage certificate online if the wedding date was within the previous three months. And you can't order one in person if the wedding date was within the previous six weeks. The certificate sitting on a desk within plain sight, but you aren't permitted to order one in less than the prescribed time.

 

Had I not preferred to be romantic instead of immediately standing in line and taking care of paperwork, I would have had the cert "within" four weeks. I'm sure you're right, it probably would have been much sooner. What I wasn't told/didn't understand was that was my one and only shot to speed up the certificate.

 

A lesson learned: do things sooner than later.

Edited May 25, 2006 by Zingaro (see edit history)

[Zingaro]

Not to worry, the visa requirement was to be married within 90 days.

 

While she will be out of status until you receive the NOA1 you should wait for the certified marriage certificate before you file, mainly because Chicago would probably return the entire thing to you because it was missing.

 

So get everything ready and then enjoy yourselves while you wait for that piece of paper.

218124[/snapback]

So sending the certificate that I was issued (not officially certified) isn't a good idea? I know the requirement is to marry within 90 - and to then file for AOS immediately. What I'm wondering is if it is better to file with the existing certificate rather than to let her be out of status for 4-5 weeks, and to risk the whole thing being rejected on those grounds.

218130[/snapback]

I am in the exact same situation as you are. We were married in Vegas and got the regular cert, and have ordered the certified copy, and with Vegas it takes 4-6 weeks to get it.

 

I intend to use the regular copy. They only ask for a copy of the marriage certificiate and do not say anything about it being certified. Also, the application states that copies of original documents are ok. Even with the original certificate we would only be sending the copy.

 

So, I intend to use the certificate we got when we were married.

218194[/snapback]

Initially, that was my thought - to use the certificate I was handed after the ceremony. I'll have to go back and re-read the instructions to see if that word "certified" appears in the requirements.

 

My concern is that the marriage certificate is the single most important document in the I-485 package, so I want to be cautious about what I include in the application.

 

In California, and also with the SSA, the "customer copy" (not yet certified and recorded) cannot be used for things like name changes, obtaining or changing ID's, etc. That's what has me a bit concerned about using it for the AOS.