Submitting my marriage certificate after filing for AOS?

[Pauli9]

Hello,
Here is my situation: I filed for AOS at the very last moment possible and did not have the marriage certificate yet. I filed the I-485 and the I-131 together. I was previously on an F1 visa, got the OPT extension (which expired on 12/30/13). Anyway, I filed the I-485 and the I-131 at the last minute (putting the money together took a long time and I had to find a joint sponsor).
My main problem is I obtained the marriage licence just before filing so technically I filed before I got married. The ceremony is going to be in a couple weeks, at which point I will send the marriage certificate to USCIS. I did not want to wait until after the ceremony to file because my OPT expired on 12/30 and I know I'm not supposed to file for AOS once this expires (I basically have 2 months to pack and leave but can't file for a new visa or anything). I mailed my application package on the 12/30 and it got to the Chicago office on the 31st (so the day after my OPT expires).
So my question is, how do I go about submitting the marriage certificate to USCIS? Should I wait until they contact me and ask for it?
And can they deny my application right away because I did not have a marriage certificate (only a license) when I filed? Or will I at least get a chance to ask for an appeal?
I tried calling USCIS but their automated menu was no help at all. How long will it take before I get a receipt number and can actually talk to someone about my case?
And I'm thinking that them receiving my application the very next day after my OPT expires is no ground for denying my application...is that right?
Any tips from someone who has been in the same situation or who knows about immigration would really help!

[rayb]

If you filed an I-130 petition (from your petitioner) and I-485, both based on your marriage, but you were not married when you submitted the package, you will receive a Request for Evidence (proof of the marriage). Once a USCIS reviewer discovers that your marriage date followed your submittal, you may be faced with a denial and lose your submittal fee. Once a case is opened and the money processed, your approval or denial is based on the eligibility at time of submittal. There are only refunds when the initial review results in a rejection for lack of signatures, expired forms or incorrect fee submitted.

I can't speak for your F1 status, though it is probably likely that if you had met the marriage eligibility requirements, and your F1 had expired, you would have been processed anyway.

--Ray B

Hello,
Here is my situation: I filed for AOS at the very last moment possible and did not have the marriage certificate yet. I filed the I-485 and the I-131 together. I was previously on an F1 visa, got the OPT extension (which expired on 12/30/13). Anyway, I filed the I-485 and the I-131 at the last minute (putting the money together took a long time and I had to find a joint sponsor).
My main problem is I obtained the marriage licence just before filing so technically I filed before I got married. The ceremony is going to be in a couple weeks, at which point I will send the marriage certificate to USCIS. I did not want to wait until after the ceremony to file because my OPT expired on 12/30 and I know I'm not supposed to file for AOS once this expires (I basically have 2 months to pack and leave but can't file for a new visa or anything). I mailed my application package on the 12/30 and it got to the Chicago office on the 31st (so the day after my OPT expires).
So my question is, how do I go about submitting the marriage certificate to USCIS? Should I wait until they contact me and ask for it?
And can they deny my application right away because I did not have a marriage certificate (only a license) when I filed? Or will I at least get a chance to ask for an appeal?
I tried calling USCIS but their automated menu was no help at all. How long will it take before I get a receipt number and can actually talk to someone about my case?
And I'm thinking that them receiving my application the very next day after my OPT expires is no ground for denying my application...is that right?
Any tips from someone who has been in the same situation or who knows about immigration would really help!

[Pauli9]

Ok thank you for your answer!
So if the application is denied, will I be able to file again after the wedding? My biggest worry is that I don't qualify to file for AOS now since the OPT visa I was on expired on 12/30. Are there cases where one can file for AOS during the grace period?
Or will I have to go back to my home country and file again from there?
And when you say I'll lose the fee, are you speaking about both application (the AOS and the petition for alien relative
And another question, the USCIS site shows that status of the Chicago office as of October 31st is processing I485 from May 2nd. Does that means there is a 5 month delay before my AOS will be processed?
I also applied for an EAD so I can go back to work where I did my OPT...what are my chances of getting my EAD if the I485 is going to be denied? Or is that processed separately?

[rayb]

All benefits from your submittal are dependent on you being qualified based on marriage occurring before you submit the paperwork.

If the petition and Adjustment documents are denied because of a later marriage date, you can resubmit everything and start over.

--Ray B

Ok thank you for your answer!
So if the application is denied, will I be able to file again after the wedding? My biggest worry is that I don't qualify to file for AOS now since the OPT visa I was on expired on 12/30. Are there cases where one can file for AOS during the grace period?
Or will I have to go back to my home country and file again from there?
And when you say I'll lose the fee, are you speaking about both application (the AOS and the petition for alien relative
And another question, the USCIS site shows that status of the Chicago office as of October 31st is processing I485 from May 2nd. Does that means there is a 5 month delay before my AOS will be processed?
I also applied for an EAD so I can go back to work where I did my OPT...what are my chances of getting my EAD if the I485 is going to be denied? Or is that processed separately?

[Pauli9]

All benefits from your submittal are dependent on you being qualified based on marriage occurring before you submit the paperwork.

If the petition and Adjustment documents are denied because of a later marriage date, you can resubmit everything and start over.

--Ray B

Ok...would it be best to send everything again ASAP after the wedding, or wait until the first application is denied to re-apply?
Thank you so much for your help!

[rayb]

You need to wait until disposition of your first submittal has been made, either a rejection of the application or a denial. Most likely, you will get a "Request for Evidence," (RFE) to submit proof of the marriage. If an when you receive the RFE, you might as well go ahead then and send the marriage cert and see if you get a pass on the late marriage (which I doubt).

Another option is to submit an official cancellation request immediately, then submit a new application package with the marriage information and copy of marriage certificate. You will, of course, lose all fees paid when the submitted documents are officially cancelled.

--Ray B

Ok...would it be best to send everything again ASAP after the wedding, or wait until the first application is denied to re-apply?
Thank you so much for your help!

[Pauli9]

Ok I think I will take a chance and send the marriage certificate once they ask for more evidence, and file again later even though I'll be out of status.
How about the EAD? Will they issue the EAD before getting all the evidence for the I485?
Thank you so much for helping out with this

[rayb]

The temporary EAD won't be issued until after your Biometrics has been completed, about two months later.

--Ray B

Ok I think I will take a chance and send the marriage certificate once they ask for more evidence, and file again later even though I'll be out of status.
How about the EAD? Will they issue the EAD before getting all the evidence for the I485?
Thank you so much for helping out with this

[Pauli9]

OK
What is the time frame before they schedule the biometrics appointment?

[rayb]

If your package is accepted (passes intake edit checks), you'll receive a mailed Biometrics appointment notice about two weeks later, for a Biometrics appointment about 4 weeks later.

--Ray B

OK
What is the time frame before they schedule the biometrics appointment?