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Filed: Country: Chile
Timeline
Posted

Hi everyone.

I am in USA for 5 months on B1/B2 Visa and my I-94 expires in May. which is in couple of weeks.

I have met the girl i want to marry and we have been together for 4 months and I was about to go home but I have found out that I love her and we decided to get married.

Anyway I wanna come to the point now:

My wife is US CITIZEN (born in USA) and she wants to get my last name.

Since I don't have much time I wanna get married soon and apply to change my status before my I-94 expires.

My question here is: when applying for my adjustment shall I put her name as my last name or keep the name she has in every ID because we don't wanna wait to change everything and then apply.

p.s. when applying for adjustment do I need to put all our pictures and stuff in the file or not? because right now we dont' have any joint bank account or anything like that we just moved together and she didn't put me in her lease yet.

I heard all of this needs to be proven when you have an interview.

thnx in advance

Posted

When you apply for AOS put her married name on the paperwork. There are boxes for maiden name on the forms so they will know who she is.

Yes, you should include evidence of a bona fide marriage for your I-130 package, as per the instructions (the instructions say you should include at least one thing). You will have time to gather more evidence to show at your interview. Good luck.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Posted

Once she is married - she can change her name to what she wants to use. In most states, she can start using the new name as soon as she would like - you would need to check for the paticular laws in your state. (mostly by providing the marriage certificate as proof for the name change).

After your married - you can apply for the AOS. (see the guides above)

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Posted

You need to read the instructions, not go by what a friend says. Strictly speaking, sending evidence of bona fide marriage with the initial application is not required - they will accept your application without it. However, the instructions clearly state that you SHOULD send in at least one piece of evidence of a bona fide marriage. If you don't send in anything at first, except an unpleasant interview. The best thing is to send in evidence beforehand, as per the instructions, and make it so you are basically approved before you even get there.

If proving a real marriage was as easy as changing a name, every scammer in the world would do that. You need more than that to convince them.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: AOS (apr) Country: Peru
Timeline
Posted

you do not need to send pictures of you and your wife with your AOS file (you will show the pictures and more proof in your interview),you can send copy of your certficate of marriage and some affidavits of friends and relatives that can prove you have a bona fide marriage.

the instrucciones are in the USCIS web site in PDF format.

good luck!!

Filed: AOS (apr) Country: Romania
Timeline
Posted

ok thank you

where are the instructions?

[/quot

Each form comes with instructions. Check the "Guides" section on top of this page and you will find all the info you need. Good luck!

2-7-11 - Day 0 -sent AOS package (concurrent filling)

2-11-11-Day 4 - received text message from USCIS with the receipt number

2-18-2011 - Day 11[/font]- received NOA 1 in mail for I-130, I-485, I-765, I-131

2-22-2011 -Day 15- received biometrics letter -appt March 14

3-10-2011- still cannot see case online although I called USCIS two days ago

3-14-2011- Day 35- Biometrics done on the appointment day

3-24-2011-Day 45-case showing up online!!!! USCIS mailed on 3-23 my interview appt letter- April 26 is the day!

3-26-2011-Day 48-Received interview appt letter

4-1-2011-Day 59- USCIS mailed I-131 approval and ordered production of my new card (I assume the combined EAD/AP)

4-11-2012-Day 69- received EAd&AP combo in mail! Bad picture!

4-26-2011-Day 84-APPROVED!!! Card production ordered!

4-30-2011-Day 88-Welcome to America letter received

5-4-2011-Day 92 - received green card in mail (8 days after the interview) - it is kinda green!!!!

as1cEY2003-0000MDA0NDZzfDAwMDYxOTN8V2UgaGF2ZSBiZWVuIG1hcnJpZWQgZm9y.gif

Posted

thank you guys

I have heard (one of my friends had the same case) that you don't need to put pictures of you us together and so on like joint bank accounts and stuff.

I mean she is changing her last name to me that kinda proves that this is bonafide.

Changing a last name is not proof, in and of itself, that any marriage is a bona fide marriage. You will need actual proof which includes pictures, joint bank accounts, mortgage/rent agreements, insurance policies, etc. As other member said, follow the instructions given by USCIS rather than people's advice...

August 23, 2010 - I-129 F package sent via USPS priority mail with delivery confirmation.

August 30, 2010 - Per Department of Homeland Security (DHS) e-mail, petition received and routed to California Service Center for processing. Check cashed. I-797C Notice of Action by mail (NOA 1) - Received date 08/25/2010. Notice date 08/27/2010.

After 150 days of imposed anxious patience...

January 24, 2011 - Per USCIS website, petition approved and notice mailed.

January 31, 2011 - Approval receipt notice (NOA 2) received by mail. Called NVC, given Santo Domingo case number, and informed that petition was sent same day to consulate.

Called Visa Specialist at the Department of State every day for a case update. Informed of interview date on February, 16 2011. Informed that packet was mailed to fiance on February, 15 2011.

February 21, 2011 - Fiance has not yet received packet. Called 1-877-804-5402 (Visa Information Center of the United States Embassy) to request a duplicate packet in person pick-up at the US consulate in Santo Domingo. Packet can be picked-up by fiance on 02/28.

March 1, 2011 - Medical exam completed at Consultorios de Visa in Santo Domingo.

March 9, 2011 at 6 AM - Interview, approved!

March 18, 2011 - POE together. JFK and O'Hare airports. Legal wedding: May 16, 2011.

Go confidently in the direction of your dreams. Live the life you have imagined.

-Henry David Thoreau

 
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