Questions about AOS forms

[JandS 0]

Hey everyone, I entered US with B1 visa on 21st Oct, 2010. My fiance and I will get married on early Apr. Then we will apply to get me a greencard. I am now working with the documents for AOS.

And I got several questions here, pls help:

1. Can I change my name in the application forms?

For example, my Chinese name is "Yue Wang", now I want to change it to English name "Lily Wang", then plus my husband family name "Cooper". So I will change it to "Lily Wang Cooper". It will be no relations with my Chinese name on my passport. Is that acceptable by USCIS? Is there any effections for me to get greencard??

2. Question about I-765, item 16:

"Go to part 2 of the instructions, Eligiblity Categories. In the space below, place the letter and number of the category you selected from the intructions".

Intruction: http://www.uscis.gov/files/form/i-765instr.pdf

Which one should I select and fill in??

If they request I provide any documents -- I quit my job after 1.5 months after I came here. And I have no invitation letters on my hands now. But I still have the contract signed with my China Company in Chinese. Can I use that? How??

3. Question about I-864:

My Fiance's mom will be joint sponsor. Is that Ok if we live in different cities or houses? We will move out to other state soon. But in the instruction, they require "Proof of their residency in your household and relationship to sponsor". What documents are we supposed to provide?

Her tax return is with her husband's, is that Ok to provide it or should we count him in?

4. Question about I-864:

My Fiannce's just graduated last year and started working for 1 year till now. But he worked when he was in college. So how to culculate his annual income? Just count last year in or several years together?

5. We are going to send all the documents out on 10th Apr. What will happen if USCIS process it later than 20 Apr?? Will I become illegal?? :-| My I-94 valid till 20 Apr.

Thanks for help!!!!!!!!

[VanessaTony 3,567]

1. No. You will need to do a legal name change. You can't change your first name via marriage. If you like you can do your AOS with your real name (with your husband surname) then before you apply for ROC (which is 2 years after your get your GC) you could do a legal name change so that your new 10 year GC has Lilly on it... or if you think you have time you can try now... I don't think you have time though.

2. C9 "adjustment applicant"

3. No you don't need to live together. Proof of residency means proof of US residency or US citizenship. Can be a friend or relative. You don't need to count your fiances father unless his income is required to help meet the income requirements. The mother would complete and I-864 and the father an I-864A. Your fiance (then husband) will also need to complete an I-864

4. His annual income can be calculated as what he is earning now annually, not what he DID earn. If he works X number of hours for X amount per week then you would calculate how much that means he WILL earn this coming year

5. You might not send it on the 10th April because it depends how long it takes to get your marriage certificate. You also haven't mentioned when your I-94 expires. If your I-94 has expired before you apply you are out-of-status. You said you entered on a B1 so you won't have any issue with the overstay. You CANNOT leave the US without AP or the GC or your AOS application will be considered abandoned.

Edited March 24, 2011 by Vanessa&Tony

[JandS 0]

1. No. You will need to do a legal name change. You can't change your first name via marriage. If you like you can do your AOS with your real name (with your husband surname) then before you apply for ROC (which is 2 years after your get your GC) you could do a legal name change so that your new 10 year GC has Lilly on it... or if you think you have time you can try now... I don't think you have time though.

2. C9 "adjustment applicant"

3. No you don't need to live together. Proof of residency means proof of US residency or US citizenship. Can be a friend or relative. You don't need to count your fiances father unless his income is required to help meet the income requirements. The mother would complete and I-864 and the father an I-864A. Your fiance (then husband) will also need to complete an I-864

4. His annual income can be calculated as what he is earning now annually, not what he DID earn. If he works X number of hours for X amount per week then you would calculate how much that means he WILL earn this coming year

5. You might not send it on the 10th April because it depends how long it takes to get your marriage certificate. You also haven't mentioned when your I-94 expires. If your I-94 has expired before you apply you are out-of-status. You said you entered on a B1 so you won't have any issue with the overstay. You CANNOT leave the US without AP or the GC or your AOS application will be considered abandoned.

Thanks Vanessa&Tony,

I still have questions here:

Item 2: If I put in C9, should I fill item 17 in I-765?? What is E-verify?? I was hired by a company in China, and I came here to visit my client headquarter and take training. In this case what should I do???

Item 4: He quit his job on Feb. And is looking for a new job now. So we should put in 0.00???

Item 5: My I94 expired date is 20th Apr. The judege said they could give us a certificate when we get married. Then after 2-3 weeks we could get the formal copy. We are going to get married on Apr 1st. I am afraid if we send documents late and make me overstay here, it will be hard for me to get the greencard. Is there no effection???

[JandS 0]

Please helphelphelp...

[VanessaTony 3,567]

Item 2: If I put in C9, should I fill item 17 in I-765?? What is E-verify?? I was hired by a company in China, and I came here to visit my client headquarter and take training. In this case what should I do???

Item 4: He quit his job on Feb. And is looking for a new job now. So we should put in 0.00???

Item 5: My I94 expired date is 20th Apr. The judege said they could give us a certificate when we get married. Then after 2-3 weeks we could get the formal copy. We are going to get married on Apr 1st. I am afraid if we send documents late and make me overstay here, it will be hard for me to get the greencard. Is there no effection??

You really should list the question, not just the number. I had to go and look at the form to answer your question and often people won't bother so you'll get more replies if you list the entire qn...

If you read Qn 17 it says "If you entered the eligibility category (c )(3)(c ).." that's as far as you need to read because I told you previously you fill in (c )(9) so this Qn 17 doesn't apply to you and you don't fill anything in.

No effect filing AOS after your I-94 expires. I did it, doesn't change anything FOR YOU. For people entering on the VWP (which you didn't) then it would be an issue.

[JandS 0]

You really should list the question, not just the number. I had to go and look at the form to answer your question and often people won't bother so you'll get more replies if you list the entire qn...

If you read Qn 17 it says "If you entered the eligibility category (c )(3)(c ).." that's as far as you need to read because I told you previously you fill in (c )(9) so this Qn 17 doesn't apply to you and you don't fill anything in.

No effect filing AOS after your I-94 expires. I did it, doesn't change anything FOR YOU. For people entering on the VWP (which you didn't) then it would be an issue.

Thanks thanks! Really help me a lot! I will list the question next time. ;D