penguinbar

Hi. I see that we need a copy of the marriage certificate for AOS. Can we get a duplicate or certified copy right away? Or do they have to mail it to us? We will be getting married in NYC in a civil ceremony. Thanks

Noorah101

You can usually order multiple certified copies right away, not sure how long it takes for them to get to you though. Some places have same-day service, some places have to wait a few weeks to get recorded. It's a good idea to go ahead and order 3 certified copies, that way you'll always have them handy.

Rene

Songbird

In our case - when we picked up our marriage certificate I obtained a few extra copies just in case. As it was, for the purpose of AOS they accepted a scanned copy for submission and I took an original along for the actual interview Given that each duplicate was cheap ( about $5 ) then it was handy having them if USCIS required them. For complete 'reassurance' you may well want to get the extras when you pick up your original and submit that.

Rete

It will have to be mailed to you since it needs to be filed and will not be filed the same day. Ask to get more than 2 of the certificates.

penguinbar

Will they give us a photocopy right away at least? Do they have a problem if you aks for several copies? I am just worried about it taking to long to mail it to me for us to file. So a scanned copy is ok?

Noorah101

No, you need the original certified copy which will be sent to you after it's recorded at the counter clerk's office.

In some places, it can be recorded the same day and a certified copy given to you. Some places take a couple of weeks to record it and mail you a certified copy.

You can't get a photocopy or scanned copy before it gets recorded and certified.

Rene

Noorah101

Do you have a deadline for filing the AOS? It shouldn't be a problem waiting a few weeks at the most...I mean, once you're married, you're "safe", as you've done everything by the rules.

Bluegrass Lass

When we married, we were given our marriage cert right after the ceremony - this was the one with the original signatures. However, this could not be used as a marriage cert. As others have said, you have to wait to get the certified copy with the notary seal on it - that is what you submit with your AOS. Depending on the efficiency of the county clerk's office, and how often people get married there, you could get it inside of a week, or it could take several weeks. I don't believe there is any way to speed up the process - unless you know that the clerk's office has some type of expedited service you could pay for.

We got married in Gatlinburg, well known for large numbers of weddings (sorta like a mini Vegas) and we got our copies in about 3-4 days IIRC.

penguinbar

My attorney said we have to get married and file everything within 90 days. Was she wrong about the filing in 90 days?

penguinbar

I just wanted to file as soon as possible so my fiancees EAD would come through as soon as possible. I'm working two jobs at the moment nd I would like to give up one too!

penguinbar

We're getting married in Manhattan. I'll have to ring them and see how long it takes

Noorah101

Yes, the only requirement is to marry within 90 days. Of course it's good to file AOS as soon as you can, but it does NOT have to be within the first 90 days.

Rene

penguinbar

Thanks. She's given me so much wrong info ! I just want to get evarything sorted. We booked his flight today. He's coming over the middle of September about 6 weeks earlier than planned. It's going to be strange after living alone for so long!

ian-mstm

Yes... that is not a requirement.

Ian

meauxna

Not really, despite what others say here. I've never understood this particular place to choose to bend the rules.

There is no immediate penalty for not filing I-485 before the end-date for admission as a K-1 as noted on the I-94.

On some groups, there are people who remain 100% convinced that because an alien is the spouse of a USC, there is no touching them.
From a practical standpoint, it is true: it is very unlikely that ICE is going to knock on your door in the dark of Day 94 and arrest someone for being out of status.

But if this is a preventable problem, why wouldn't you head it off at the pass? Paperwork has a funny way of getting set aside -- just read here for a while and you see the stories of people who just 'forgot' or let life get in the way and suddenly 3, 4 and more years have gone by.
Or worse, gods forbid, as I just read the very sad news of the death of a poster from another group. It took her two years to get her husband to the US; what if she had died without getting the paperwork in? Her new husband would have had to uproot everything again and leave the US.

As the USC spouse, I felt it was my responsibility to see that the DH had everything he needed to succeed in the US, including the paperwork to stay 100% in status. (also a founding member in the AR Club, which helps). I also explained to HIM what his responsibilities were regarding staying in status. Our goal was to have him naturalize at the earliest opportunity, so staying on track was important to us for that reason too.

You can file for AOS whenever you want. If you marry within 90 days, you've kept the terms of the K-1 admission. If you don't, you haven't, but can file anyway (include I-130). If you file AOS after 90 days of admission, there is no immediate penalty, but if you've been uptight about doing everything 'right' all along, why would you stop here?

Personally, I think it is the best idea to apply for AOS while still in K-1 status.