Gap in time and the Hyphenated Name

[V-G-1 1]

Hi all:

What would happen if my wife's K1 expires but she is still waiting for receipt notice of the Adjustment. Until I get that, theoretically would my wife not be allowed on this soil? (maybe a week, or 2 of illegal status?) (what if we showed the Certified mail green card (no pun intended) to whomever would be questioning our authority?)

Also i know this question has been asked a million times, and all lead to this answer: On the 485 and all related docs, she puts down my last name. But here is a caveat no-one has answered-- what about the hyphenated name? My assumption is that it would not work--because its not a legal entity----there is only my name and her name, but the hyphenated name does not exist..not yet--would my assumption be fair?

Thanks all!!

Just fired my lawyer last week, she still charged me a grand for "5 hours" of photocopying and filling out 2-page forms. Anyway, you live and you learn-- I was able to get out atleast--I terminated that agreement like there was no tomorrow.

2.27.09 - NOA1

2.25.09 - I-129F filed

[TBoneTX 47,241]

What would happen if my wife's K1 expires but she is still waiting for receipt notice of the Adjustment. Until I get that, theoretically would my wife not be allowed on this soil? (maybe a week, or 2 of illegal status?) (what if we showed the Certified mail green card (no pun intended) to whomever would be questioning our authority?)

In order for help to be provided to you, some confusion needs to be cleared up. Your very last lines of this message say that you sent the I-129F on 25 February 2009, and that you received the NOA1 on 27 February 2009. Your VJ Timeline says that the I-129F was submitted on 26 February, with the same NOA1 receipt date. Even if you signed up for "on-line case status" notification, receiving the NOA1 in just one or two days is quite outside the norm of experience. (The NOA1 is the I-797 form that USCIS sends in the mail.) Please clarify this matter, and if your timeline information is incorrect, by all means please correct it immediately -- inaccuracies can skew the data for many members of VJ.

A "wife" cannot enter the U.S. by use of a K-1 visa, because the K-1 is for fiance(e)s only. Your question above implies that your fiancee is now your wife, after having been admitted to the U.S. by virtue of a K-1 visa. The K-1 visa is "dead on arrival" upon admission to the U.S. at the POE (port of entry). Are you referring to the expiration of her I-94 form, which your then-fiancee was issued at the POE? It is good for 90 days, during which time you should have (and appear to have) married her. It sounds as though you have filed the I-485 for AOS (adjustment of status). If this is true, and if you indeed married her within the 90 days, you have almost nothing to worry about. To be safe, your wife can carry a photocopy of your cover-letter for the AOS submission with her until the AOS receipt-notice is in your hands. Her official status is "applicant for adjustment."

Also i know this question has been asked a million times, and all lead to this answer: On the 485 and all related docs, she puts down my last name. But here is a caveat no-one has answered-- what about the hyphenated name? My assumption is that it would not work--because its not a legal entity----there is only my name and her name, but the hyphenated name does not exist..not yet--would my assumption be fair?

What hyphenated name? What name is on your marriage certificate that you received from the court after your marriage? That name is the legal name. To change her name to Hers-hyphen-Yours (or the converse) would require paperwork filings later.

2.27.09 - NOA1

2.25.09 - I-129F filed

Could it be that you just filed the I-485 rather than a long-ago-approved I-129F? If so, you'll need to go back into your VJ Timeline and fill out the appropriate section -- AOS -- and wipe out the information that's currently listed under "K-1." This presumes that my assumption is correct -- that your fiancee entered the U.S. with use of the K-1 visa, you're now married, and you just filed for AOS. And again, the NOA1 date of one or two days after filing seems quite early -- approximately a week would seem more realistic.

Please clarify the above, refer to the VJ Guides, and ask any questions that remain.

[Gary and Alla 3,694]

What would happen if my wife's K1 expires but she is still waiting for receipt notice of the Adjustment. Until I get that, theoretically would my wife not be allowed on this soil? (maybe a week, or 2 of illegal status?) (what if we showed the Certified mail green card (no pun intended) to whomever would be questioning our authority?)

In order for help to be provided to you, some confusion needs to be cleared up. Your very last lines of this message say that you sent the I-129F on 25 February 2009, and that you received the NOA1 on 27 February 2009. Your VJ Timeline says that the I-129F was submitted on 26 February, with the same NOA1 receipt date. Even if you signed up for "on-line case status" notification, receiving the NOA1 in just one or two days is quite outside the norm of experience. (The NOA1 is the I-797 form that USCIS sends in the mail.) Please clarify this matter, and if your timeline information is incorrect, by all means please correct it immediately -- inaccuracies can skew the data for many members of VJ.

A "wife" cannot enter the U.S. by use of a K-1 visa, because the K-1 is for fiance(e)s only. Your question above implies that your fiancee is now your wife, after having been admitted to the U.S. by virtue of a K-1 visa. The K-1 visa is "dead on arrival" upon admission to the U.S. at the POE (port of entry). Are you referring to the expiration of her I-94 form, which your then-fiancee was issued at the POE? It is good for 90 days, during which time you should have (and appear to have) married her. It sounds as though you have filed the I-485 for AOS (adjustment of status). If this is true, and if you indeed married her within the 90 days, you have almost nothing to worry about. To be safe, your wife can carry a photocopy of your cover-letter for the AOS submission with her until the AOS receipt-notice is in your hands. Her official status is "applicant for adjustment."

Also i know this question has been asked a million times, and all lead to this answer: On the 485 and all related docs, she puts down my last name. But here is a caveat no-one has answered-- what about the hyphenated name? My assumption is that it would not work--because its not a legal entity----there is only my name and her name, but the hyphenated name does not exist..not yet--would my assumption be fair?

What hyphenated name? What name is on your marriage certificate that you received from the court after your marriage? That name is the legal name. To change her name to Hers-hyphen-Yours (or the converse) would require paperwork filings later.

2.27.09 - NOA1

2.25.09 - I-129F filed

Could it be that you just filed the I-485 rather than a long-ago-approved I-129F? If so, you'll need to go back into your VJ Timeline and fill out the appropriate section -- AOS -- and wipe out the information that's currently listed under "K-1." This presumes that my assumption is correct -- that your fiancee entered the U.S. with use of the K-1 visa, you're now married, and you just filed for AOS. And again, the NOA1 date of one or two days after filing seems quite early -- approximately a week would seem more realistic.

Please clarify the above, refer to the VJ Guides, and ask any questions that remain.

Dittos to Tbone's excellent post.

I am confused but will assume you mean your fiancee has arrived and you are married and have filed for her AOS. Correct?

Don't worry, she is not illegal. If you married and filed AOS within 90 days of arrival you are good to go. If you are at all nervous about this, have your wife carry her passport with I-94 card and your I-797C receipt from the AOS filing in her purse.

Tbone is exactly correct. the VISA is for a one time entry into the USA and specifically allows adjustment of status after marriage. The visa is CANCELLED when she arrives as it has served it's purpose. The I-94 replaces it. The I-797C extends her legal stay in the USA until the AOS is complete

[V-G-1 1]

What would happen if my wife's K1 expires but she is still waiting for receipt notice of the Adjustment. Until I get that, theoretically would my wife not be allowed on this soil? (maybe a week, or 2 of illegal status?) (what if we showed the Certified mail green card (no pun intended) to whomever would be questioning our authority?)

In order for help to be provided to you, some confusion needs to be cleared up. Your very last lines of this message say that you sent the I-129F on 25 February 2009, and that you received the NOA1 on 27 February 2009. Your VJ Timeline says that the I-129F was submitted on 26 February, with the same NOA1 receipt date. Even if you signed up for "on-line case status" notification, receiving the NOA1 in just one or two days is quite outside the norm of experience. (The NOA1 is the I-797 form that USCIS sends in the mail.) Please clarify this matter, and if your timeline information is incorrect, by all means please correct it immediately -- inaccuracies can skew the data for many members of VJ.

A "wife" cannot enter the U.S. by use of a K-1 visa, because the K-1 is for fiance(e)s only. Your question above implies that your fiancee is now your wife, after having been admitted to the U.S. by virtue of a K-1 visa. The K-1 visa is "dead on arrival" upon admission to the U.S. at the POE (port of entry). Are you referring to the expiration of her I-94 form, which your then-fiancee was issued at the POE? It is good for 90 days, during which time you should have (and appear to have) married her. It sounds as though you have filed the I-485 for AOS (adjustment of status). If this is true, and if you indeed married her within the 90 days, you have almost nothing to worry about. To be safe, your wife can carry a photocopy of your cover-letter for the AOS submission with her until the AOS receipt-notice is in your hands. Her official status is "applicant for adjustment."

Also i know this question has been asked a million times, and all lead to this answer: On the 485 and all related docs, she puts down my last name. But here is a caveat no-one has answered-- what about the hyphenated name? My assumption is that it would not work--because its not a legal entity----there is only my name and her name, but the hyphenated name does not exist..not yet--would my assumption be fair?

What hyphenated name? What name is on your marriage certificate that you received from the court after your marriage? That name is the legal name. To change her name to Hers-hyphen-Yours (or the converse) would require paperwork filings later.

2.27.09 - NOA1

2.25.09 - I-129F filed

Could it be that you just filed the I-485 rather than a long-ago-approved I-129F? If so, you'll need to go back into your VJ Timeline and fill out the appropriate section -- AOS -- and wipe out the information that's currently listed under "K-1." This presumes that my assumption is correct -- that your fiancee entered the U.S. with use of the K-1 visa, you're now married, and you just filed for AOS. And again, the NOA1 date of one or two days after filing seems quite early -- approximately a week would seem more realistic.

Please clarify the above, refer to the VJ Guides, and ask any questions that remain.

Dittos to Tbone's excellent post.

I am confused but will assume you mean your fiancee has arrived and you are married and have filed for her AOS. Correct?

Don't worry, she is not illegal. If you married and filed AOS within 90 days of arrival you are good to go. If you are at all nervous about this, have your wife carry her passport with I-94 card and your I-797C receipt from the AOS filing in her purse.

Tbone is exactly correct. the VISA is for a one time entry into the USA and specifically allows adjustment of status after marriage. The visa is CANCELLED when she arrives as it has served it's purpose. The I-94 replaces it. The I-797C extends her legal stay in the USA until the AOS is complete

THANKS all--Especially T-Bone

All my questions were hypos..... none if happened yet--the only thing so far is the NOA1--which has a date of 2/27.

What date should I put for I-129F sent by me?--the day I went to the post office?

Also, guys, the name on the Marriage Certifcicate would be her last name, and my last name, right? Or would she take my last name on the marriage certificate itself?

[TBoneTX 47,241]

the name on the Marriage Certifcicate would be her last name, and my last name, right? Or would she take my last name on the marriage certificate itself?

That's a choice for the two of you to work out ahead of time. You two decide what her name will be, and tell the authorities what to put on the marriage certificate. You may have to commit to a decision when you apply and pay for the marriage LICENSE, which is the precursor to marrying and getting the marriage CERTIFICATE. For the license, you'll almost certainly have to provide her maiden name.