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astromoose

Name change after filing AoS

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My wife and I are married now, and we're about to file the Adjustment of Status. She would like to take my last name. She has a social security number for her maiden name. What name should we file under for the AOS?

However, there might be some difficulty changing her name right now because of Belgian regulations. How easy or hard is it for her to change her name after we have already filed the AOS, while? What would that process be?

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I don't think that Belgian regulations apply here.

The name you use on the forms for AOS will be your wifes name. This will come on the I 797, EAD and eventually her green card. These documents are the basis for your wife's identity in the US.

I can't imagine how much of a pain it would be to change that name later. If she wants your last name this is her opportunity to do it easily.

Just use the name that she wants on the forms.


10 Nov mailed I 129F to TSC

16 Nov 29 Nov Notice date

3 Dec Received NOA 1

3 Jan 05 Please I just want to be touched

3 may 05 NOA2 E mail notification

7 May 05 Mail NOA2

11 May 05 sent petition to Bogota

18 May Packet 3 arrived

19 May Checklist taken to consulate

31 May Packet 4 delivered

29 June visa granted

1 July Visa delivered

Sometime in July Lucero came to US

13 Sept 05 Married

1 Nov 05 -USCIS recieved 485 and EAD

13 December RFE stupid things I should have included Returned very quickly

27 March received bio letter for New Orleans

7 Apr_06 Bio done in New Orleans

20 April 06 Touched on all applications

21 April Email received EAD approved

27 Apr Received EAD card

30 May 2006 Received appointment letter for JaX on 13 July 2006

13 July Interview successful approved

20 July Received green card

30 June 08 Sent I751 to remove conditions

25 July 08 Application returned erroneously incorrect fee

27 July mailed new application with separate checks

15 Sept 08 Application returned erroneously K2 not within 90 day timeframe

17 Sept Mailed 3rd application with mountains of proof of error copied Senator Mel Martinez

09 October 4th application package sent. This time they said the app signature page was a copy

10 Oct Sent package again 4th time.

25 Oct Received another NOA for Wife with $625 for the amount with one year extension

30 Oct 2008 Still nothing for step daughter. Checks still haven't cleared the bank

24 November Checks finally cleared the bank

February biometrics for wife Nothing for daughter.

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I would file for your AOS under the name that she wants to use after your marriage (in this case, your last name). Your marriage certificate will tie the two names together. I just think that it would be very difficult to do a name change once a GC has been issued.


K-1 Journey*

Nov 2004 Met in Recife

02-01-06 I-129F Sent to VSC

04-26-06 Interview APPROVED!!!!!!!

05-18-06 Eliana arrived in New York

07-22-06 Married in Las Vegas!!!!!

AOS/AP Journey*

07-25-06 I-485 and I-131 Sent to Chicago

08-18-06 Biometrics Appointment (Completed)

10-06-06 AP Approved

10-11-06 AOS Approved (without interview)

10-20-06 Green Card Received!! Done until July 2008

01-27-07 Second Wedding (in Brazil)

I-751 Journey*

07-09-08 I-751 Sent to VSC

09-16-08 Biometrics Appointment (Completed)

02-25-09 Transferred to CSC

03-20-09 Approved (without interview)

03-27-09 Emily is born!!!

04-07-09 Green Card Received!!

11-18-11 Lucas is born!!!

N-400 Journey*

12-15-11 N-400 Sent to Texas

02-09-12 Biometrics Appointmnet (Completed)

03-21-12 Interview (Approved)

03-21-12 Oath Ceremony

PROCESS IS DONE!!!!!!

*See Profile for detailed list of all dates

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There is one more time when the name change is automatic or free - that is when she applied for citizenship. I have seen many Chinese/Koreans do that. I would also think that she can change her name when she applies for her permanent green card in 2 years time. But, why not do it now? If she didn't put it on the I485, you can still ask the interviewer to change the name (that way the green card wil be in the married name.) Good Luck


2005

K1

March 2 Filed I-129 F

July 21 Interview in Bogota ** Approved ** Very Easy!

AOS

Oct 19 Mailed AOS Packet to Chicago

2006

Feb 17 AOS interview in Denver. Biometrics also done today! (Interviewing officer ordered them.)

Apr 25 Green card received

2008

Removal of conditions

March 17 Refiled using new I-751 form

April 16 Biometrics done

July 10 Green card production ordered

2009

Citizenship

Jan 20 filed N400

Feb 04 NOA date

Feb 24 Biometrics

May 5 Interview - Centennial (Denver, Colorado) Passed

June 10 Oath Ceremony - Teikyo Loretto Heights, Denver, Colorado

July 7 Received Passport in 3 weeks

Shredded all immigration papers Have scanned images

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I Was told that I should change my name with SS before I apply. I know I did that right after we married so I wouldn't have any problem. But I don't know what your exact situation is. But it might be a lot easier to change it now then later. Good luck!


Adil & Janine

06/17/06- Wedding

08/16/06- I-130 and EAD sent with AOS packet

08/24/06- I-130, EAD, I-485 recieved

08/28/06- NOA1 for I-130, EAD, and I-485

09/01/06- Recieved boimetrics appointment letter

09/07/06- Biometrics appointment

10/24/06- Recieved letter for initial interview

11/21/06- EAD approved

11/27/06- EAD Recieved!!!!!!!!!!!!!!!

11/30/06- Touched- NOA for EAD sent

12/01/06- I-130 and I-485 Touched

12/20/06- Initial interview

12/20/06- APPROVED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! (4 months!)

12/27/06- Recieved NOA2 for I-130

12/27/06- Recieved welcome letter

12/27/06- I-485 touched, New card ordered

01/03/06- PERMANENT RESIDENT CARD RECIEVED!!!!!!!!!!!!!!!!!!YAY!!!

09/18/08- Sent I-751... hopefully I did it corectly!

09/something... recieved NOA1 for I-751

10/16/08- Recieved biometrics appointment letter

10/25/08- Biometrics appontment!

03/19/09- Recieved letter stating I-751 transfered to CSC

03/30/09- I-751 approved!

04/02/09- Recieved approval letter

04/30/09- Recieved new card

10/14/09- Sent N-400... the wait begins again.....

10/24/09- Recieved NOA receipt letter

02/05/10- Recieved Fingerprint notification

02/23/10- Fingerprinting appointment

04/07/10- N-400 Interview

10/07/10- Request for aditional evidencce

02/07/11- Oath Ceremony letter arrives!!!!!!!!!!

02/18/11- Oath Ceremony!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

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If she will be using the married name as her legal name fill out the I-485 and I-765 with her married name. She will be adjusting form K-1 and will be including a copy of the marriage certificate. They will figure it out.

Once she has her EAD card, take that and her marriage certificate to SSA to have the name changed on her SSN record and be issued a correct card. However, if the marriage certificate doesn't have her age or date of birth she will also need an identity document in the name that currently appears on her SSN record.

You can find detailed information regarding changing SSN record (Numident) data on the SSA Website at:

http://policy.ssa.gov/poms.nsf/lnx/0100203210

You can find detailed information regarding evidence that establishes identity on the SSA Website at:

http://policy.ssa.gov/poms.nsf/lnx/0100203200

There is one more time when the name change is automatic or free - that is when she applied for citizenship. I have seen many Chinese/Koreans do that. I would also think that she can change her name when she applies for her permanent green card in 2 years time. But, why not do it now? If she didn't put it on the I485, you can still ask the interviewer to change the name (that way the green card wil be in the married name.)

With the AOS she IS applying for her green card. The fact that it's good for 2 year instead of 10 makes it no less of a greencard. You can do a legal name change when submitting the N-400, but she has already had a legal name change, she got married. Every state allows a woman to change her last name to her husband's last name when they marry.

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