Having AOS problems!

[Tyler and Agus 1]

Okay, I'm going to try to be as clear as possible describing what happened here. I posted about this issue earlier, but now I have the chance to elaborate and provide some more details... sorry it's so long

After marriage, (K-1 Visa holder) my wife wanted to drop her first name and apply her middle name as her first name. She then wanted to use her maiden name as her middle name and take my last name. She filed all 3 AOS documents using this name combination (Advanced Parole, EAD, and Adjustment of Status).

At the biometrics appointment, the worker in charge there warned that this may cause confusion at an airport, for example, because the name will not exactly match her passport. We have read that many VJers have done something similar with re-arranging their names so we didn't expect any problems. Anyway, at the biometrics appointment, the worker in charge warned us that this name combination could cause us problems down the road (airports, AOS interview). Therefore, she explained to us that she could send an email (we don't know where exactly she sent it) to some USCIS office explaining that my wife was going to use her original given first and middle name (dropping her maiden name, and taking my last name). Next, the remainder of the biometrics paperwork were performed with her original name, which was emailed to USCIS.

Since then, AP and EAD Card has arrived without those changes explained in the email. Upon calling the National 1-800 Customer Line, she was first told to resubmit the AP paperwork (I-131) without a fee and a letter explaining the circumstances. Today, after receiving the EAD card with the un-updated name, she called back and they said that if they made the mistake, we can send the card back and provide the correct information without a fee. But, if we made the mistake, then we would have to pay the full amount to get the EAD card with the name that we want. Well where is the mistake? Apparently, everything was fine with the way we used her name... no RFEs or problems. We also have provided previous names used. If there is a mistake at all, it is stemming from the change made at the biometrics appointment. Of course, it's impossible to prove anything regarding the worker at the biometrics office because there is no phone number and they only see appointments!!!

Today, we should be very happy to have both of these documents. Instead, we're more worried than ever. We don't know if we'll have to pay again. We don't know if the names she originally used on the form are now okay or not because she is worried about having problems when we travel internationally. And we don't know if the change can be made at the interview for the Green Card.

I was thinking an InfoPass might help... but they might say we need to resubmit with a fee and the names we want.

I can't help but wonder now if that worker at the biometrics appointment helped us avoid problems or created a world of problems for us....

Does anyone have any similar experiences, advice, or input on how we could handle this problem? Thank you so much. Overall, I'm skeptical of the information we can gain from the USCIS 1800 # and an InfoPass seems logical...but I don't know.

[VSfansfans 2]

What names she signed on the day you both get married?

I think she should used that name.

[Eric-Pris 1,607]

You should NOT have let some USCIS-helper at the biometrics place talk you into doing anything differently. Yes, they have created a world opf problems for you that will undoubtedly cost you time, if not money as well.

[Otto 83]

If you're saying the EAD and AP arrived with a name-combination other than what you originally intended (and submitted on your forms) then I would suggest an INFOPASS instead of sending/resubmitting everything even though that may be what you end up doing.

[Tyler and Agus 1]

You should NOT have let some USCIS-helper at the biometrics place talk you into doing anything differently. Yes, they have created a world opf problems for you that will undoubtedly cost you time, if not money as well.

Yes, regrettably, that is probably true. But they were not the person doing fingerprints or taking pictures, they are in charge of that office and have worked within USCIS for decades. Of course, who knows what kind of authority they actually have...

[pushbrk 13,624]

You should NOT have let some USCIS-helper at the biometrics place talk you into doing anything differently. Yes, they have created a world opf problems for you that will undoubtedly cost you time, if not money as well.

Yes, regrettably, that is probably true. But they were not the person doing fingerprints or taking pictures, they are in charge of that office and have worked within USCIS for decades. Of course, who knows what kind of authority they actually have...

I can't follow your explanation. Did the cards come in the name your paperwork requested or the passport name?

Regardless, you can get the green card issued in the name you want by telling them at the interview. Of course, unless you plan to change the name in the passport as well, this is all a very bad idea.

[Aarti Hartfield 0]

I had a similar problem happen to me. I filed all of my AOS paperwork to match my passport, but when i went for the biometrics, i was told by a lady that had worked at USCIS for years, to go ahead and sign my name with my married last name since thats what my dl says. So i did, I even asked if there would be any problems with changing my name now in the process, and i was reasured that the lady knew what she was talking about. so i trusted her. Anyways when i got my EAD it had my passport name typed, but my married name signature.

I tried to get a social number anyways and was denied, they said my SS card should match my EAD card, So i made an infopass appointment and was told to basically refile. If it was their mistake then i wouldnt have to pay the fee, but if they found out it was my fault i would have to pay.

I refiled and sent a typed letter explaining the mishappen.

A couple of weeks later, I received my new EAD in the mail, with all correct names and signatures. Other then a few more weeks of waiting, it really wasnt a bad deal.

I wouldnt worry, just go ahead and refile. They should clear it up for you!

[Tyler and Agus 1]

You should NOT have let some USCIS-helper at the biometrics place talk you into doing anything differently. Yes, they have created a world opf problems for you that will undoubtedly cost you time, if not money as well.

Yes, regrettably, that is probably true. But they were not the person doing fingerprints or taking pictures, they are in charge of that office and have worked within USCIS for decades. Of course, who knows what kind of authority they actually have...

I can't follow your explanation. Did the cards come in the name your paperwork requested or the passport name?

Regardless, you can get the green card issued in the name you want by telling them at the interview. Of course, unless you plan to change the name in the passport as well, this is all a very bad idea.

The cards came as the name on the form but with the new signature, as advised at the biometrics appt.

And, that's assuming we get the interview...which now feels weird to wish for.

[pushbrk 13,624]

You should NOT have let some USCIS-helper at the biometrics place talk you into doing anything differently. Yes, they have created a world opf problems for you that will undoubtedly cost you time, if not money as well.

Yes, regrettably, that is probably true. But they were not the person doing fingerprints or taking pictures, they are in charge of that office and have worked within USCIS for decades. Of course, who knows what kind of authority they actually have...

I can't follow your explanation. Did the cards come in the name your paperwork requested or the passport name?

Regardless, you can get the green card issued in the name you want by telling them at the interview. Of course, unless you plan to change the name in the passport as well, this is all a very bad idea.

The cards came as the name on the form but with the new signature, as advised at the biometrics appt.

And, that's assuming we get the interview...which now feels weird to wish for.

Have you done the biometrics for the green card yet or just for the EAD?

AP and EAD are pretty temporary and will probably cause no issues.

I just checked. If the only problem is the signature, Green Cards don't have signatures.

Edited November 16, 2008 by pushbrk

[Tyler and Agus 1]

You should NOT have let some USCIS-helper at the biometrics place talk you into doing anything differently. Yes, they have created a world opf problems for you that will undoubtedly cost you time, if not money as well.

Yes, regrettably, that is probably true. But they were not the person doing fingerprints or taking pictures, they are in charge of that office and have worked within USCIS for decades. Of course, who knows what kind of authority they actually have...

I can't follow your explanation. Did the cards come in the name your paperwork requested or the passport name?

Regardless, you can get the green card issued in the name you want by telling them at the interview. Of course, unless you plan to change the name in the passport as well, this is all a very bad idea.

The cards came as the name on the form but with the new signature, as advised at the biometrics appt.

And, that's assuming we get the interview...which now feels weird to wish for.

Have you done the biometrics for the green card yet or just for the EAD?

AP and EAD are pretty temporary and will probably cause no issues.

I just checked. If the only problem is the signature, Green Cards don't have signatures.

I thought there was only 1 biometrics appointment (my wife came with a K-1 Visa).

It was at the biometrics appointment that the person in charge suggested that my wife use the first and middle name - exactly as in her passport when filing for AOS (of course taking my last name). This person said we could make that change there (at the application support center) in order to avoid potential problems when traveling, or, even at the interview. The person supposedly sent an email to the NBC to make this change. Alas, the AP and EAD did not come with the updated (suggested) changes from the biometrics office.

Of course, our biggest concern is traveling in the future and my wife having problems when entering the U.S. due to first/middle name confusions due to a discrepancy between passport first/middle name and Green Card first/middle name (or AP if we use it).

[Tyler and Agus 1]

Well, it's been a while since this post was started... but it's time for an update. (Refer to the original post for details.)

After stressing out about this and weighing our options, my wife sent a letter to the application support center regarding our situation, as this was the only way to get in touch with the ASC (they don't publish their phone number). The officer immediately replied to our letter with a phone call saying that they could help us. The officer at the ASC gave us some options as to what we could do. Since the officer told us they had a contact at USCIS that could resolve this issue quickly, we went with their recommendation.

The officer recommended that we send the EAD card and AP back to the ASC where they could then send it in secure mail to the USCIS. So we sent the EAD card and AP with a cover letter explaining why we are sending it and that we would like a letter (from the ASC officer) returned to us explaining what and why we were doing this (as evidence!). After waiting 2 weeks, my wife received her AP and EAD card with the names she wanted (based on the recommendation of the officer at the ASC).

It's been weird... but we're happy everything turned out just fine. My wife now has her EAD card and AP and our AOS interview is scheduled for Feb. 24. Overall, I was a bit surprised that the officer at the ASC could (and would) help us. But we would have never known that unless we sent the letter. I suppose this scenario is not common in the process of AOS and I would venture to say that not everyone could have such luck.

I guess the lesson here is that every case is different and good things do happen in the world of the AOS process.

[JVKn'CVO 11]

Well, it's been a while since this post was started... but it's time for an update. (Refer to the original post for details.)

After stressing out about this and weighing our options, my wife sent a letter to the application support center regarding our situation, as this was the only way to get in touch with the ASC (they don't publish their phone number). The officer immediately replied to our letter with a phone call saying that they could help us. The officer at the ASC gave us some options as to what we could do. Since the officer told us they had a contact at USCIS that could resolve this issue quickly, we went with their recommendation.

The officer recommended that we send the EAD card and AP back to the ASC where they could then send it in secure mail to the USCIS. So we sent the EAD card and AP with a cover letter explaining why we are sending it and that we would like a letter (from the ASC officer) returned to us explaining what and why we were doing this (as evidence!). After waiting 2 weeks, my wife received her AP and EAD card with the names she wanted (based on the recommendation of the officer at the ASC).

It's been weird... but we're happy everything turned out just fine. My wife now has her EAD card and AP and our AOS interview is scheduled for Feb. 24. Overall, I was a bit surprised that the officer at the ASC could (and would) help us. But we would have never known that unless we sent the letter. I suppose this scenario is not common in the process of AOS and I would venture to say that not everyone could have such luck.

I guess the lesson here is that every case is different and good things do happen in the world of the AOS process.

Awesome Tyler!

Remind Agus when you travel to bring a certified copy of the marriage certificate along with the passport and greencard to account for the difference in name. We just visited Buenos Aires and they were really happy that I brought that with me, made things a lot easier both in BA and with US customs

Saludos,

Caro