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Filed: K-1 Visa Country: Canada
Timeline
Posted

My fiance and I were just married here in the US about 2 weeks ago (she is K1). I now find that I'm confused over which name I should be giving USCIS! We listed my last name, as customary in the US, on the marriage license so she'd be able to legally take it. Of course, the I-129F was filed under her maiden name. Now, I need to submit AR-11's for both of us due to our new address and well as send in the AOS/EAD. We're actually about a week late on the AR-11 (shhh...please don't tell) so the AR-11 will precede the AOS.

Is it fine to suddenly give a different last name (mine) on her AR-11 when USCIS hasn't seen a marriage cert from her yet (via the AOS packet, which will come second)? I don't want to screw this up.

Please advise

Thanks

Posted

I didn't know what an AR-11 was so I looked it up and found this http://usavisanow.com/coa-ar-11.html where it states that it is to be used if you have a case pending by USCIS.

Unless I'm completely wrong, K1 is done so you no longer have a case pending until you file for AOS.

So I would just file AOS/EAD with her new name and your new address.

Or am I missing something? :)

I-751 package sent : 03/30/2012

I-751 receipt date : 04/03/2012

Filed: K-1 Visa Country: Canada
Timeline
Posted (edited)
Unless I'm completely wrong, K1 is done so you no longer have a case pending until you file for AOS.

So I would just file AOS/EAD with her new name and your new address.

The pending issue, as it impacts the AR-11, only applies to the US Citizen (me), as I understand it. The non-US citizen (her) has to file an AR-11 regardless of where in the process they are. However, I have to file some other address change form because of the Affadavit of Support I submitted (can't remember the form #). That still leaves me in the same boat on use of last name.

On the topic of "pending", what exactly IS and IS NOT pending? According to USCIS, our case shows as "post decision activity" with still one more step to go ("oath, record documents", something like that). Are we considered "pending" until the AOS is approved? Green card issued? Only until the I-129F is approved? In other words, are people pending only during the I-129F and then then pending again for AOS or pending during ALL of it until the very end? USCIS gave no explanation on what is and is not part of "pending" status.

Thanks for your input! I'm still unsure of

Edited by Jason&Lina
Posted

Ok I see your point and I looked at the actual online site and form.

So for her I would fill in the AR-11 with her maiden name as that is how she's known to USCIS at the moment.

Her A# being with her maiden name.

All that will change, if she wishes, when you'll send in the AOS/EAD.

I-751 package sent : 03/30/2012

I-751 receipt date : 04/03/2012

Filed: K-1 Visa Country: Canada
Timeline
Posted
Ok I see your point and I looked at the actual online site and form.

So for her I would fill in the AR-11 with her maiden name as that is how she's known to USCIS at the moment.

Her A# being with her maiden name.

All that will change, if she wishes, when you'll send in the AOS/EAD.

Thanks, we did exactly that!

Posted

We filed our I-129F petition using my husband's old address (while we were engaged). It was approved in March 2009 before my husband moved - May 2009 and I came here June 2007. We never filed the AR-11 since our case was already approved when we moved in to our new house. We just sent our AOS packet with our new address. ^__^;;

F & J

 

I-130 / IR-5 TIMELINE (Petition for Mother)

2016/11/14 — I-130 sent via USPS Priority Mail Express 1-Day

2016/11/15 — I-130 delivered at 11:20 am in PHOENIX, AZ 85034 to BANK ONE, signed for by J LOPEZ; Priority Date  |  2016/11/17 Receipt Date

2016/11/18 I-797C Notice Date; USCIS Acceptance Confirmation Email, case routed to Nebraska Service Center  |  2016/11/21I-797C Postmark

2017/01/18 I-797 Approval Notice Date  |  2017/01/19I-797 Postmark  |  2017/01/23 I-797 Approval Notice hard copy received

 

 
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