K1 with AOS

[RubyA]

I came to US by holding K1 visa on Jan. 17th 2010 and got married on Mar. 20th. My I-94 will expire on Apr. 17th.

 

But until now I still haven't got my marriage certificate yet.

This is so frustrating. I don't know what is the health department doing. They said the business day will be 7-10 days.

But it has been over 12 days, and we still havn't receieved the marriage certificate yet.

 

My question is "Is it necessary for us to send AOS documents off within 90 days (before the I-94 gets expired) even if we haven't recieved the marriage certificate" or "Should we wait till we get our marriage certificate and then send it off (But I-94 form might get expired)"

 

Any advice will be appreciated

 

Thanks a lot

V.

Edited April 8, 2010 by RBZ (see edit history)

[Randy W]

April 17 is a deadline for getting married, NOT for filing for AOS. No problem at all with waiting for the marriage certificate.

 

There is no hard and fast deadline for filing for AOS, but don't wait longer than 6 months.

[Sam and Fen]

You can not really file AOS without a marriage certificate.

Even if you do it will result in an RFE.

[Sam and Fen]

You can not really file AOS without a marriage certificate.

Even if you do it will result in an RFE.

 

What is "RFE", Sam?

 

request for evidence.

in this case evidence that u r married.

[dnoblett]

You can not really file AOS without a marriage certificate.

Even if you do it will result in an RFE.

 

What is "RFE", Sam?

 

request for evidence.

in this case evidence that u r married.

Yep Request for a copy of the marriage Cert.

 

As randy said you are required to marry within the 90 days, you can file AOS when you have all the REQUIRED documents.

 

Note a word of caution, if you delay more than 6 months after I-94 expires then don't attempt to travel on AP. Periods of out of status longer than 6 months result in a BAR on re-entry even if you have an AP document.

[Randy W]

Make that MAY result in a bar on entry, please.

[Jeff n Jianli]

Don't worry about rushing your AOS before 90 days. We waited much longer and did not have a problem. Look at our timeline.