Help with AOS Needed

[StateSide 0]

I need some advise/assistance. my K-1 Fiance entered the US and we went and got her a social security card in her maiden name. After we had the SS card we got married within the 90 days. When we went back to the social security office they denied changing her name because they said her I-94 was about to expire. Soon after i had to move to another state because of my job. We did not notify anyone that we were moving. I called and talked with info pass and they told me that my wife was out of Status and could not be deported because we had legally gotten married within the 90 days. Moving expences along with unforseen medical bills caused us to have to put off the process further. I am now finally in a financial position to complete the process of the AOS.

Now that i have had time to do some more research i am in fear that I have made some mistakes and need to correct them. What steps do i need to take to get this headed down the right path?

[winifredbee 1]

First thing I would do is call USCIS and let them know you moved using your K-1 visa number that begins with EAC... When you went to the SSN office did you have the Marriage Certificate? If so do not worry about that and start the AOS - ASAP. I have read about people doing it after expiration of the I-94. I would say use her changed name it that is what is on the Marriage License. Ask USCIS about name change if you can get them on the phone regarding the address change.

Good Luck...I am starting the process now as well.

[Gary and Alla 3,694]

I need some advise/assistance. my K-1 Fiance entered the US and we went and got her a social security card in her maiden name. After we had the SS card we got married within the 90 days. When we went back to the social security office they denied changing her name because they said her I-94 was about to expire. Soon after i had to move to another state because of my job. We did not notify anyone that we were moving. I called and talked with info pass and they told me that my wife was out of Status and could not be deported because we had legally gotten married within the 90 days. Moving expences along with unforseen medical bills caused us to have to put off the process further. I am now finally in a financial position to complete the process of the AOS.

Now that i have had time to do some more research i am in fear that I have made some mistakes and need to correct them. What steps do i need to take to get this headed down the right path?

File the AOS. You should have no problems. Change the name on the SS card after you receive the green card in her married name.

[Mononoke28 134]

Rex,

The first thing you need to do is change your address with the USCIS ASAP. Every time a non US citizen changes addresses he/she needs to file for AR-11 with the USCIS. Your wife can file this online and print a copy for her records. Also, her sponsor/co-sponsor needs to file form I-865 if he/she changes addresses as well. Make sure you read the mailing instructions so you can have mailing proof.

Once you do this feel free to file for AOS, including AD and EAD. Don't worry about the fact that it took you a while to file, you're fine since you got married within the first 90 days.

One last thing, if your wife changed her name to yours, make sure you fill out every form you send the USCIS with her new married name. Once she gets her EAD or green card, she can go back to the SSA office and have her name changed on her SS card.

Diana

[StateSide 0]

Rex,

The first thing you need to do is change your address with the USCIS ASAP. Every time a non US citizen changes addresses he/she needs to file for AR-11 with the USCIS. Your wife can file this online and print a copy for her records. Also, her sponsor/co-sponsor needs to file form I-865 if he/she changes addresses as well. Make sure you read the mailing instructions so you can have mailing proof.

Once you do this feel free to file for AOS, including AD and EAD. Don't worry about the fact that it took you a while to file, you're fine since you got married within the first 90 days.

One last thing, if your wife changed her name to yours, make sure you fill out every form you send the USCIS with her new married name. Once she gets her EAD or green card, she can go back to the SSA office and have her name changed on her SS card.

Diana

Her SS card and her mariage license both have her maiden (2 Colombian last names) on them. Do i use her maiden name or her married name (not documented anywhere) when filing the AR-11/I-865?

I am asuming that as her k-1 husband that i am to fill out the I-865?

[StateSide 0]

Rex,

The first thing you need to do is change your address with the USCIS ASAP. Every time a non US citizen changes addresses he/she needs to file for AR-11 with the USCIS. Your wife can file this online and print a copy for her records. Also, her sponsor/co-sponsor needs to file form I-865 if he/she changes addresses as well. Make sure you read the mailing instructions so you can have mailing proof.

Once you do this feel free to file for AOS, including AD and EAD. Don't worry about the fact that it took you a while to file, you're fine since you got married within the first 90 days.

One last thing, if your wife changed her name to yours, make sure you fill out every form you send the USCIS with her new married name. Once she gets her EAD or green card, she can go back to the SSA office and have her name changed on her SS card.

Diana

One more question... On the documents do i list the date of the move or the date I am filing as the "Effective Date of Change of Address'?

[Mononoke28 134]

It's the day you officially started living at your new address.

Diana

[Aloe 10]

Someone correct me if I am wrong but if you did not choose to have her name changed when you applied for the marriage license then her name will not have changed and remains the same.

If her marriage certificate ONLY has her maiden name (the 2 columbian names) then that is her legal name. For her to have the same last name as you it needed to be put on the marriage certificate. You cannot just go somewhere and say her name has changed, you need proof and that proof is most often the marriage certificate.

This may be different from state to state but here in New York when I applied for the marriage licence I had to state there and then whether I was going to use my maiden name or take on my husbands name. I chose my Husband's and when I received the marriage certificate it has my maiden name and above has my married name so I have two different names on my marriage certificate which shows I cahnged my name to his.

I only say this because you say her married name is not documented anywhere when it should be documented on the marriage certificate.

Edited May 29, 2009 by Aloe

[Ban Hammer 12,879]

moved from K-1 Fiance(e) Visa Process & Procedures to Adjustment of Status (Green Card) from Family Based Visas

[payxibka 10,044]

This may be different from state to state but here in New York when I applied for the marriage licence I had to state there and then whether I was going to use my maiden name or take on my husbands name. I chose my Husband's and when I received the marriage certificate it has my maiden name and above has my married name so I have two different names on my marriage certificate which shows I cahnged my name to his.

I only say this because you say her married name is not documented anywhere when it should be documented on the marriage certificate.

It certainly does.. In some states the name change process does NOT occur on the marriage certificate but by other means.... OP needs to verify local law.

[Gary and Alla 3,694]

Rex,

The first thing you need to do is change your address with the USCIS ASAP. Every time a non US citizen changes addresses he/she needs to file for AR-11 with the USCIS. Your wife can file this online and print a copy for her records. Also, her sponsor/co-sponsor needs to file form I-865 if he/she changes addresses as well. Make sure you read the mailing instructions so you can have mailing proof.

Once you do this feel free to file for AOS, including AD and EAD. Don't worry about the fact that it took you a while to file, you're fine since you got married within the first 90 days.

One last thing, if your wife changed her name to yours, make sure you fill out every form you send the USCIS with her new married name. Once she gets her EAD or green card, she can go back to the SSA office and have her name changed on her SS card.

Diana

Her SS card and her mariage license both have her maiden (2 Colombian last names) on them. Do i use her maiden name or her married name (not documented anywhere) when filing the AR-11/I-865?

I am asuming that as her k-1 husband that i am to fill out the I-865?

Right, of course. The marriage lisence also has YOUR name on it. The married name is documented as YOUR name on the marriage lisence. If she wants her green card in the married name, OR any combination of the married and maiden name, hyphens, whatever...file the AOS in that name with a copy of your marriage lisence. When you receive the green card in that name (whatever you choose) go to SS and change the name on the SS card if you want.

List her maiden name on the I-485 in the "other names used" part.