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Filed: AOS (pnd) Country: Peru
Timeline
Posted

My wife and I were married 2 weeks ago and my Peruvian wife is trying to get an AOS. My wife was here on a tourist visa. Her visa ended on January 25th. We were married march 13th. We were told by an immigration attorney that overstaying by less than 180 days is not a big problem. We have a few questions:

1) My wife was overstaying her visa, it was 30 days and she stayed here 70 days before we got married. Are there any special paperwork that needs to be filed besides the standard AOS applications and paperwork?

2) my wife did not do any thing to specifically change her name, so all of her documentation has her maiden name on it, does this mean she should use her maiden name, or my last name, which she will be assuming? Do we have to file any special paperwork to make her name change official?

Filed: Citizen (apr) Country: Canada
Timeline
Posted

My wife and I were married 2 weeks ago and my Peruvian wife is trying to get an AOS. My wife was here on a tourist visa. Her visa ended on January 25th. We were married march 13th. We were told by an immigration attorney that overstaying by less than 180 days is not a big problem. We have a few questions:

1) My wife was overstaying her visa, it was 30 days and she stayed here 70 days before we got married. Are there any special paperwork that needs to be filed besides the standard AOS applications and paperwork?

2) my wife did not do any thing to specifically change her name, so all of her documentation has her maiden name on it, does this mean she should use her maiden name, or my last name, which she will be assuming? Do we have to file any special paperwork to make her name change official?

You will need to file an I-130 as well for her (petition for a relative) which you would file at the same time as the AOS paperwork. If she put a name change on the marriage certificate you can use that for change of name, otherwise you will have to figure out the name change procedures in your state. Most require proof she is here legally if its going through the courts, so you may have to wait for her GC, but you should be able to google name changes for your state to see the procedure.

~*~*~Steph and Wes~*~*~
Married: 2010-01-20

ROC: (for the complete timeline click on my timeline button, the signature was getting too long!)
I-751 Sent: 2015-05-22
NOA1 Notice Date: 2015-05-27
NOA1 Received: 2015-06-06
Biometrics Notice Date: 2015-06-27
Biometrics Date: 2015-07-17

Interview Notice Date: 2015-07-28

Interview Date: ​2015-09-01
Approval Date:
Approval Notice Date:


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Filed: Other Timeline
Posted

If your wife is indeed a Peruvian princess, and not just claiming to be one, you may want to check into the advantages for Heads of State and diplomatic status.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Filed: AOS (pnd) Country: Peru
Timeline
Posted

If your wife is indeed a Peruvian princess, and not just claiming to be one, you may want to check into the advantages for Heads of State and diplomatic status.

Actally she is only my "inca Princess" so the imigration office said that she was not in fact eligible for heads of state and diplomatic status priveledges!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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