Not sure what to do next.

[Matt_Stevens 5]

OK, Anh arrived July 25 and we were married on August 19. Her SS# arrived in the mail tweo weeks ago.

In the days since we were married we both have become horribly ill (some kind of terrible bug) we had to move out of my house (that was planned) and in the process the guides I had printed out were all thrown out by my family (by mistake), so I am typing this in a fog of medicine induced haze. Anh is in bed with a 103 temperature. So much for a honeymoon.

I'm not sure how to proceed. Anh wants to work as soon as we get to North Carlina (we are moving there on September 22) but I do not know how to make that happen. Look, by now you all know that this online reading makes my mind explode and that my dyslexia is really quite bad, so the more I read the harder of a time I have. Being so sick on top of this is really making it impossible.

Am I right that she needs to file for AOS and some kind of Employment card at the same time? Can you please tell me if I am missing anything. We need to fill out forms...

G-325A

I-864

I-485

I-765

I-131

What really confuses me are the fees. I read here that the fees listed are incorrect? Can someone please tell me the correct fees?

I have to stop writing now. I am so sick I can barely sit up straight.

Thanks for the help.

[I'm Gone 60]

OK, Anh arrived July 25 and we were married on August 19. Her SS# arrived in the mail two weeks ago.

She might want to apply for the SSN card with the married name while the I-94 is still valid.

[Matt_Stevens 5]

Immigration completely screwed up Anh's name. Reversing first middle and last names all to hell. What we found is that if we tried to correct that it would delay everything by months and jeapordize her status, so we were advised by the SS office to just get her a SS# with her name as is and worry about the change later.

We did that, but I am very worried about how Homeland Security will treat this. They have become so stupidly paranopid that any kind of a name problem results in a major incident. It's really amazing how many people have so many differing opinions on our case. Nothing is ever easy, is it?

Anyways, she has her SS#. She has the card. What is the best way to make this name thing correct without jeapordizing her status and delaying things too long. She wants to work NOW and is growing increasingly frustrated at the thought of having to wait many more months.

Edited August 30, 2006 by Matt_Stevens

[Garfield fan 0]

Anh will need to file for AOS and EAD concurrently if she also wants to work. Not sure how fast NBC nowadays, but I don't think she can get her EAD by Sep 22. Took me 3 mths to get my first EAD (from the date I got NOA1), although the renewal one came out faster (1 mth).

Not sure what to suggest re. her name screwed up thingy, but just make sure she has the same name both in her EAD and SSN to smoothen her job hunting.

[Matt_Stevens 5]

By the way, I am looking at form I-131, Part 1, #1 and what is "A#" supposed to be? I am clueless. Date of birth is next, followed by Class of Admission (which would be K1, right?).

???

As to the name thing, God help us. I really don't know what to do. She has always wanted to keep her family name and does not understand or like the whole take your husband's last name tradition, so the easy way out won't work for us.

[Leasel7 0]

Congratulations on your marriage! Yes, you need to apply for Adjustment of Status, and if your wife wants to work before her green card arrives, you should also apply for the EAD (I-765) at the same time. Your wife should brace herself, however -- as I understand it EAD usually takes about three months to process once you send in the paperwork, so she will not be able to work immediately. (In our case we applied for EAD but it never got processed because the green card came so quickly, within about two months. But we are not the norm, we were very lucky!) Applying for the I-131 (Advanced Parole) is optional; you won't need it unless your wife plans to leave the US before receiving her green card. Of course, you never know how long AOS will take, but on the other hand it is a substantial fee.

Speaking of fees, here's what you're looking at, per the USCIS website:

http://www.uscis.gov/graphics/formsfee/forms/index.htm

I-485 -- $325 plus $70 for biometrics (total = $395)

I-765 -- $180

I-131 -- $170

Very good advice from mdyoung about getting your wife's new social security card in her married name...this will help with getting a joint bank account (evidence of your life together for the AOS interview) and probably her North Carolina driver's license as well.

One more thing -- the I-485 requires you to submit a vaccination supplement (I-693A), which must be filled out by a civil surgeon. You can take the vaccination worksheet (DS-3025) from her K-1 medical exam to the civil surgeon to have I-693A filled out. USCIS website has a civil surgeon locator so you can find one in your area. If your wife is missing any vaccinations, the civil surgeon can provide them, or you can have them done elsewhere prior to seeing the civil surgeon, just keep the proof.

Some folks opt to just send in DS-3025 in lieu of I-693A if DS-3025 shows all vaccinations completed, and many have been approved with no problems. However, others have received RFEs for not sending in I-693A, so the choice is yours to make. Bottom line, hopefully your wife received a copy of her vaccination worksheet following her K-1 medical exam, or barring that, has other records of her vaccinations....in English!

That's all I can think of at the moment. Good luck, and I hope you both feel better soon.

By the way, I am looking at form I-131, Part 1, #1 and what is "A#" supposed to be?

The A# is the alien number assigned by USCIS. It should be on your K-1 NOAs just above her name. It starts with an "A". When my husband entered the US with his K-1 visa, they also wrote his A number on back of the I-94, but I don't know if that is standard.

[I'm Gone 60]

SSA will not assign an SSN or issue a card to an individual that is within 14 days of his or her alien status expiring. Until the 76th day after entry an individual with K-1 status only needs to provide an unexpired I-94 showing current K-1 status to establish employment authorized status for SSN purposes.

RM 00202.115 Form SS-5 Item 3 — Citizenship:

http://policy.ssa.gov/poms.nsf/lnx/0100202115

B. PROCEDURE - ANSWER TO ITEM 3

2. Legal Alien Allowed to Work

The applicant should check this block if he/she alleges to be a lawfully admitted alien with work authorization.

Once, an individual with K-1 status has been in the United States 76 days he or she will need another document, i.e. I-551, I-688B or I-766 to establish employment authorized status for SSN purposes.

RM 00203.500 Employment Authorization for Nonimmigrants:

http://policy.ssa.gov/poms.nsf/lnx/0100203500#C1

RM 00203.410 Evidence of Alien Status for an SSN Card for an Alien Lawfully Admitted for Permanent Residence:

http://policy.ssa.gov/poms.nsf/lnx/0100203410

Suggest that individuals apply for a corrected SSN card to update the SSN record when there has been a name change due to marriage.

The applicant may submit either:

-- One legal name change document showing both the old and new names

(e.g., a court order for a name change or a marriage document). The

document must also show either (1) a description or photograph of

the person or (2) biographical information that can be compared with

the Numident data; or

-- When the name change document does not show either a photograph of

the person or biographical information that can be compared with the

Numident data, then, in addition to the name change document, the

applicant must also submit two acceptable identity documents. One

of the submitted identity documents must show the old name (the name

on the latest SSN record) AND the other submitted identity

document must show the new name (the name to be shown on the

corrected SSN card). The identity documents submitted must show

either a photograph of the applicant or provide biographical

information that can be compared with the Numident (SSN record)

data.

In all 50 U.S. States (this means the 50 States, Washington, D.C., Puerto Rico, U.S. Virgin Islands, Guam, Northern Mariana Islands, and American Samoa) the bride may take her husband's last name (surname or family name) as her new last name. (EXAMPLE: Jane Doe married John Jones and she may change her name to Jane Jones.)

Interim Guidance: If the bride wants to take her husband’s last name, accept the marriage document as a legal name change for the bride if the new name can be derived from the marriage document; even if the marriage document only shows each partner’s first names, the bride’s prior surname and husband’s surname.

Note: For a marriage document or marriage record to be acceptable as an identity document it must show, in addition to the applicant’s name, either the applicant’s age, date of birth or parents’ names and the marriage document alone can be accepted as evidence of identity for both the old and new names when it meets this standard.

When issuing immigration documents, the Department of State and Department of Homeland Security issue them in the person’s legal name. The legal name is also generally the name in which the foreign passport was issued.

When an alien applies for an SSN card, SSA presumes the name on the immigration document is the legal name unless the applicant presents evidence of a legal name change (e.g., marriage) that occurred after the immigration document was issued.

This is in addition to proof of current lawful employment authorized status.

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

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

When requesting an SSN card, the documents presented, as evidence must be either originals or copies certified by the issuing agency. SSA will not accept uncertified or notarized photocopies as evidence.

The documents acceptable as evidence of identity are now based on three factors: (1) the applicant’s age, (2) the applicant’s citizenship/alien status, and (3) the relative probative value of documents.

Any document used to establish identity must meet the following criteria:

-- The document provides information the reviewer can compare with the

data on the form SS-5 (e.g., the person's name, as well as age, date

of birth, or parents' names) and/or

-- The document provides information the reviewer can compare with the

applicant (e.g., physical description, photograph).

NOTE: A non-picture identity document should have the person's name as well as information that can be compared to the SSN record, the applicant or other documents submitted (e.g., age, date of birth, or parents' names).

However, the acceptability of an identity document must be evaluated on a case by case basis by the office processing the application, taking into consideration the applicant's situation and exploring what evidence is available for the person.

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

http://policy.ssa.gov/poms.nsf/lnx/0100203200#E6

SSA will not accept an application filing receipt or notice of action as proof of current lawful employment authorized status.

Form SS-5, “Application for a Social Security Card,” is the appropriate form to request a corrected card.

You can request Form SS-5 by calling the SSA toll-free number, 1-800-772-1213 or it can be accessed on the SSA Website at:

http://www.ssa.gov/online/ss-5.html

Complete the Form SS-5 and take it along with the required documents, to the nearest Social Security office.

You can obtain the address and directions to the nearest Social Security office from the Social Security Office Locator, which is available on the Internet at:

http://www.ssa.gov/locator

Normally, an SSN card should be received in the mail within two weeks after the application and document(s) have been received and verified.

When an alien requests an SSN or replacement/corrected SSN card, SSA will verify his or her documents and current status with the appropriate Bureau of the Department of Homeland Security. If verification is not available through the Systematic Alien Verification for Entitlements (SAVE) system, SSA will send Form G-845 for manual verification.

RM 00203.720 Verifying Immigration Documents:

http://policy.ssa.gov/poms.nsf/lnx/0100203720

Note: If the applicant has changed his/her name after an immigration document, i.e. I-94, was issued, e.g., married and is now using the married name, but has not obtained a corrected immigration document showing the new name; this is not a name discrepancy for enumeration purposes, i.e. SAVE clearance, if the applicant can provide an acceptable legal name change document to establish the new name.

The 14 day status expiration limit for assigning an SSN and/or issuing a card applies even if an individual submitted his or her application before being within the 14 day period and entered the 14 day period while waiting for his or her status to be verified.

If the SSA office does send the G-845, suggest that you go back to the SSA office no more that once week with your documents to (1) ask them to check SAVE again (2) ask if they sent a G-845 (3) if yes, did it come back (4) after 30 days ask if they have followed up on the G-845 by calling or sending another mark “second request.”

http://policy.ssa.gov/poms.nsf/lnx/0100203735

RM 00203.735 Requesting Online (Primary) Verification By SAVE

You can try calling the SSA Regional Office if you have waited at least 30 days and your local SSA office doesn't seem to be concerned about following up on the G-845

http://www.ssa.gov/otherssasites/

Refer them to:

http://policy.ssa.gov/poms.nsf/lnx/0100203740

RM 00203.740 Requesting Additional (Manual) Verification By DHS

Step 6

DHS should respond to SSA within 15 federal work days after receiving the Form G-845. If DHS does not respond within 15 federal work days from the receipt of the G-845 from SSA, follow-up with the DHS, USCIS Immigration Status office. (Allow 15 days plus five additional federal work days of mail time for the G-845 to be received at and returned from DHS. Follow local practice to follow-up with DHS.

Some SSA offices have an arrangement with the DHS, USCIS office to telephone for the follow-up contact; other SSA offices send a copy of the original G-845 annotated “second request.”) If the DHS response is still not received within 15 federal work days after the follow-up contact (if the follow-up is by mail allow five additional federal work days of mail time for the G-845 to be received at and returned from DHS), make a second follow-up contact. If the DHS response is not received within 15 federal workdays (again, if the follow-up is by mail, allow five additional federal work days of mail time for the G-845 to be received at and returned from DHS), after two follow-ups, contact the Regional Office (RO). Also report to the RO any trend that shows a serious deviation by DHS from the above time frames. The RO will consult with central office.

All cards are mailed from Social Security Headquarters in Baltimore, Maryland to the postal address provided on the Form SS-5.

You may find additional SSN and employment information on the Internal Revenue Service Website at:

http://www.irs.gov/businesses/small/intern...=129227,00.html

[Matt_Stevens 5]

OK, there is an A099etc etc # on the back of her I-94, so that's one question.

So, what about this: We are moving in just 4 weeks. Should she and I go back to the SS office and have her name changed?

Right now her SS card reads: Phuong Anh Nguyen Thanh

Her I-94 reads... Family Name: Nguyen Thanh, Given name: Phuong Anh

Her Visa reads... Surname: Nguyen, Given name: Anh Thanh Phuong

WHAT A MESS!!!!

Her correct name is...

Family Name: Nguyen

First (given) name: Phuong Anh

Middle Name: Thanh

In Vietnam she is Nguyen Thanh Phuong Anh.

So in the USA she would be Phuong Anh Thanh Nguyen.

Should she take my last name she would be Phuong Anh Thanh Stevens.

What is the best thing to do here? I fear that with all these forms I have to fill out that the name discrepencies will cause chaos.

mdyoung, my head just exploded. Too much information to take in.

Our wedding documents do not have my wife taking my name, so how does this affect our ability to change her name?

[Garfield fan 0]

OK, there is an A099etc etc # on the back of her I-94, so that's one question.

So, what about this: We are moving in just 4 weeks. Should she and I go back to the SS office and have her name changed?

Right now her SS card reads: Phuong Anh Nguyen Thanh

Her I-94 reads... Family Name: Nguyen Thanh, Given name: Phuong Anh

Her Visa reads... Surname: Nguyen, Given name: Anh Thanh Phuong

WHAT A MESS!!!!

Her correct name is...

Family Name: Nguyen

First (given) name: Phuong Anh

Middle Name: Thanh

In Vietnam she is Nguyen Thanh Phuong Anh.

So in the USA she would be Phuong Anh Thanh Nguyen.

Should she take my last name she would be Phuong Anh Thanh Stevens.

What is the best thing to do here? I fear that with all these forms I have to fill out that the name discrepencies will cause chaos.

mdyoung, my head just exploded. Too much information to take in.

Our wedding documents do not have my wife taking my name, so how does this affect our ability to change her name?

I believe when she files for AOS, she just needs to put in whatever surname she wants (your last name or she can also keep her maiden name) on the name box. If she puts in her married name then she needs to fill out the box where it asks for "other name used" (or something like that, I don't remember the exact term they use) with her maiden name. The same case for her EAD.

What did she put when she filled out her SSN application ? I mean she should put her first, middle, last name in the proper box, that way it should not be screwy like the one that she got. If she believes she filled the paper correctly, she can ask them to revise it, just go to SSN office. If she wants to take your last name, that can be done as well by showing your marriage certificate. Just make sure that the name in SSN match the one in EAD since this can cause problems when she is looking for a job.

Oh, and I totally understand about her opinion on the name change thing. It's not a common practice in some Asian countries. I myself keep my maiden name, no problem at all with opening joint account, etc.

[Matt_Stevens 5]

She was instructed by the SS officer to put her name down as they had it in their office: The incorrect way. So that is what she did.

So as of now I still have no idea how to proceed.

[I'm Gone 60]

So, what about this: We are moving in just 4 weeks. Should she and I go back to the SS office and have her name changed?

Right now her SS card reads: Phuong Anh Nguyen Thanh

Her I-94 reads... Family Name: Nguyen Thanh, Given name: Phuong Anh

Her Visa reads... Surname: Nguyen, Given name: Anh Thanh Phuong

WHAT A MESS!!!!

Her correct name is...

Family Name: Nguyen

First (given) name: Phuong Anh

Middle Name: Thanh

In Vietnam she is Nguyen Thanh Phuong Anh.

So in the USA she would be Phuong Anh Thanh Nguyen.

Should she take my last name she would be Phuong Anh Thanh Stevens.

What is the best thing to do here? I fear that with all these forms I have to fill out that the name discrepencies will cause chaos.

mdyoung, my head just exploded. Too much information to take in.

Sorry about the loss of your head. LOL I say have her change her name to Debbie. LOL

Since you are moving I would hold off until you have moved to apply, unless it's relatively close to where you live now.

If the marriage certificate has either her age or date of birth and her I-94 is not expired or within 14 days of expiring she can change the last name on her SSN record to your last name. Some states allow the last name to be hyphenated with the maiden name and married name. If the first name also need to be correct she is going to need to have an immigration document with that first name or a court order. Can't change the first name based on a marriage document.

For the time being change it to Phuong Anh Thanh Stevens, just be sure to submit the immigration paper with that name if that's the one she is going to continue using.

[Matt_Stevens 5]

So since her social security card has her first name correct, we can just change her last name to mine and that should solve the immediate name problem, yes? I think that is what we should do.