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Amhara

Wrong name on GC and trying to get FAFSA

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So what had happened was:

  • Immigrating husband entered on K-1 had one name
  • Filed AOS with my last name thinking we could change his name based on marriage
  • Mailed a letter to USCIS after getting NOA hard copies requesting name to be changed to the one on his visa (included copies of NOA's with letter)
  • Three months later received an RFE for his EAD/AP for his name
  • Sent another letter explaining and requested his name is reverted to the name on the visa and his GC case get updated too
  • EAD/AP issued in name requested
  • Applied for SSN
  • A few weeks later, GC was issued!!!
  • But then we saw that it was issued in the name we had on his petition (with my last name)
  • Could not update SSN with GC because his name doesn't match
  • Applied for FAFSA in old name (the one matching SSA)
  • Rejected at the college because his GC name doesn't match his SSA or name on FAFSA

Does anyone have any ideas for what to do next? We sent an expedite request based on financial loss and that request was expeditiously denied because it wasn't emergent enough. Should we contact a senator/congressional rep? I have tried calling FAFSA, and all they can say is to get the GC corrected. We have the I-90 submitted and 30 days in we have no biometric appointment, but we may have another five more months of waiting. He may need to take less classes than we had planned on him taking because the tuition is rather high. Should we submit another expedite request based on USCIS error?

Thanks for any ideas!


Oh, when I say he had one name, I mean that he only had one name and no first name. Believe me, everyone gets confused with it...



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Filed: AOS (apr) Country: Cyprus
Timeline

I would make a second expedite request through a senator with the reason of financial hardship and based on USCIS's error.

Submit any financial hardship evidence (class enrollment etc) and all your communication to USCIS when you requested the

name change initially and a second time.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Social Security is supposed change to match the greencard. Did you wait long enough for USCIS to update so his greencard name would be found? Did you speak to a supervisor? I don't understand why you changed your mind about your last name after you got what you applied for.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Social Security is supposed change to match the greencard. Did you wait long enough for USCIS to update so his greencard name would be found? Did you speak to a supervisor? I don't understand why you changed your mind about your last name after you got what you applied for.

I think we did allow enough time. Our NOA's didn't come until three weeks after we submitted the petition and we mailed our request a few days after that. The day of his biometrics, we called USCIS and spoke to a teir two person who could neither confirm nor deny that his name was changed on his case. They told us that if we sent a letter requesting the change (at two months at this point), then it has been done. Reassuring, huh?

We didn't change our minds, but we were not able to change his name to what's on his GC anywhere else. While it doesn't explicitly say it in the Texas regs, a spouse can only change their last name in marriage; not their first and last name. Since his only name was put as his surname, we didn't want to erase his name and have him walk around with a Polish surname as his only name.

The person who processed his EAD/AP seemed to question changing his given and surname too. Given his country of origin, we prefer all his documents to match to avoid looking like he's shady or suspicious. Oy vey!!



Signature coming soon...

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I guess I lost the plot. I thought you got a greencard with some first name and the wife's last name as you originally applied. Then went to Social Security and they wouldn't issue a card in the name on the greencard. I wasn't asking about you trying to make changes during your process which most times would end badly.

About name changes...I know immigration only allows a last name change with marriage. Don't think it matters what TX allows. If you want to change the name further with immigration, go to court and get a legal name change, then submit the court docs with the original application. Or wait until naturalization where you can pick any name you want for your US citizen name.

Anyway, I'm lost so can't help.

Edited by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Yeah, we are lost too. It would have been perfect if they issued an RFE, but somehow, they changed the first and last name. I think we will try senator/congressional assistance and see if that helps. But I think Plan A will be no FAFSA, take less classes and pay out of pocket.



Signature coming soon...

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Yeah, we are lost too. It would have been perfect if they issued an RFE, but somehow, they changed the first and last name. I think we will try senator/congressional assistance and see if that helps. But I think Plan A will be no FAFSA, take less classes and pay out of pocket.

If you managed to get a greencard in a new first and last name then why not keep it? Why the I-190? Isn't that what you wanted?

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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If you managed to get a greencard in a new first and last name then why not keep it? Why the I-190? Isn't that what you wanted?

What sort of name change documentation do you suggest we use? I don't think that the GC being issued is proper name change documentation and does not match his visa, passport, birth certificate, marriage certificate or former EAD/AP. With the current world conditions, I would rather not have him walking around with a broken link in documentation, but that's the situation he is in.

We need to cancel this petition anyhow as we have completed a name change with the county (which is not the name on his GC). But in the meantime, I think we will try one more effort to reach out to USCIS and see if there is anyway they could confirm his LPR status. However, I'm doubtful anyone working at USCIS knows how that process works. In about three more weeks, we will need to file another I-90 and pay for a new one to get his official legal name on the GC, but that's going to take us well into the end of the year. By then, we will be applying for ROC a year after that.

What's the point of having an "Integrated Operating Environment" if it's slower than a regular process? Why are I-90's this much slow? Everything is in line, so one would think it would be a pretty streamlined process... Hopefully we can get an I-551 stamp on a new passport with his new name on it. We shall see, but we will be 'friends' with USCIS for many months and years to come!!



Signature coming soon...

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