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Wayne and Xianli

Change of Name Question for AOS

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Hi,

Got several questions on the AOS paperwork. We were just married using a K1 Visa. We plan to go to the Social Security office ASAP and change Xianli's last name to mine as soon as we get the marriage certificate. My question is when I complete the many forms (another G-325A, I-693 and I-864) required for the AOS or I-485 application should I use Xianli's new married name? Of course that means her current Chinese passport will not agree since it has not been renewed yet but copies required in the AOS package. And, of course, all the K1 paperwork was filed under her old name.

Also on the I-864 form, question 21, if I put a one for married, add myself and one from line 10 above I end up with a household size of 3 (counting Xianli twice) while it should be only two. Just doesn't seem to work well unless I'm missing something. For now I left the married box blank (they said don't count anyone twice).

The K1 was a lot of work but pretty straight forward. Now this name change thing is throwing me for a loop...

Thanks!

Wayne

Edited by Wayne and Xianli

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Hi,

Got several questions on the AOS paperwork. We were just married using a K1 Visa. We plan to go to the Social Security office ASAP and change Xianli's last name to mine as soon as we get the marriage certificate. My question is when I complete the many forms (another G-325A, I-693 and I-864) required for the AOS or I-485 application should I use Xianli's new married name? Of course that means her current Chinese passport will not agree since it has not been renewed yet but copies required in the AOS package. And, of course, all the K1 paperwork was filed under her old name.

Also on the I-864 form, question 21, if I put a one for married, add myself and one from line 10 above I end up with a household size of 3 (counting Xianli twice) while it should be only two. Just doesn't seem to work well unless I'm missing something. For now I left the married box blank (they said don't count anyone twice).

The K1 was a lot of work but pretty straight forward. Now this name change thing is throwing me for a loop...

Thanks!

Wayne

Once you are married she is in a kind of "limbo" with her name. She can remain the same as her maiden name, or she can elect to change to your surname. EITHER name is legally hers. If she wants to take your name she would complete said paperwork with her new name. She is not the first nor the last to enter on a K1 and AOS from it... there are several posts about this. My passport is STILL in my maiden name and I was married Nov 2009... I just haven't got around to it. She is no longer in "limbo" with her name once she undergoes the name change process. For me it was change my bank account, it will be changing my SSN, getting a DL in my married name, eventually changing my passport and all my Aussie paperwork.

As for the I-864.. you answered your own qn. DO NOT COUNT ANYONE TWICE. This form wasn't designed exclusively for your use. Joint-sponsors also use it who ARE married and not to the immigrant, hence the requirement to have that box available.

Edited by Vanessa&Tony

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Hi Vanessa and Tony,

Thanks so much for the reply. We'll keep everything simple for now and Xianli will keep her maiden name until after she receives her Green Card. The we can go through the name change process if we want...

If you want to change her name AFTER getting the greencard, you will need to pay $300 to change her name on the greencard.

Decide before you send off the paperwork. If she wants to take your name, write your name on the form, and her maiden name in the "other names used" box. Otherwise she will need to wait until ROC if she wants to change her GC and doesn't want to pay the fee. It's much less confusing to do it now, so her GC is correct.

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Thanks again Vanessa and Tony! One other question- I will put Xianli's married name on the G-325 Biographic Form and her maiden name under "other names used." Which name should I enter on the I-485 Petition for Alien Relative? Her married name? There is no space on this form for other names used...

Thanks!

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Thanks again Vanessa and Tony! One other question- I will put Xianli's married name on the G-325 Biographic Form and her maiden name under "other names used." Which name should I enter on the I-485 Petition for Alien Relative? Her married name? There is no space on this form for other names used...

Thanks!

Fill out all paperwork with the name she wants to use going forward. So, everywhere that it asks for her name, use the new married one (if she wants to) and ONLY put the maiden name in any boxes for "previously used" names.


K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

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Nik + Heather is correct. The AOS is a new process. Try to forget about the old K1...that's over and they aren't familiar with the details because these are different USCIS people looking at your new AOS related applications without ever seeing you K1 files. Her name now is Xianli MarriedName so fill out everything like that. Your marriage certificate will show the name change. They will not be puzzled at USCIS because they see it all day long. Travel with a copy of the marriage certificate to show why the ticket and the passport and the travel document...whatever....don't match. The airlines and immigration people are used to that too.

And it's not that important to change her name at this moment on the SS card, if they will even do it. Her number is her number and you can verbally give that to open a bank account or add her to a credit card. No showing of actual SS card is necessary. So once you get all fixed up with a green card, or at minimum the work authorization, change the SS card name while you're getting that "Not valid for work" taken off.

Edited by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Moved to Indiana 02/10, married 04/10, received letter to go to Indianapolis on 09/10. I also haven't gotten my new last name changed on my social security. Its been a difficulty trying to find transportation back and forth. Will that cause problems for my interview in September?

Just wondering since you are having a similar dilemma.


31709_10150189419405623_886900622_12303397_5794868_n.jpg

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Nik + Heather- thanks for the suggestion! It sounds pretty straight forward but I'd hate to get it wrong...

Me too, I asked the same sort of question when I was getting ready from the sponsorship side (IE, Heather Maiden petitioned for him, will they really know that Heather Married is the right person for AOS?? - Answer: Yes, and we were approved). It's really simple when you're telling other people, but when it's YOUR case, you get a little stressed/nervous about it. ;)


K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

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