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Joey_TD

Maiden name or married name?

By Joey_TD in Adjustment of Status from Work, Student, & Tourist Visas

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Joey_TD Rookie

Joey_TD   0

Posted
Filed: H-1B Visa Timeline
Posted

---Sorry, just realized that I posted previously in the wrong subforum.

Hi everyone, I know there are experts here. Your input is greatly appreciated:

I'm a H1-B visa holder. My wife is US citizen. We got married last month in California. On the marriage certificate, her last name was changed to be my family name. We didn't do anything about the name changing ever since. All her documents including her US passport and tax return still show her previous last name.

We have an oversea trip coming up next week. I'm planning to concurrently file I-130 and I-485 the day we come back. Is this doable? Would there be any complication? I could fill up forms with her new family name but it wouldn't be consistent with the last name on her U.S. passport.

Also, we need to open a joint bank account to show our finance. What last name should be used for her in this scenario?

Thank you so much for you input in advance!

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Inky Grand Master

Inky   1,110

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

We have an oversea trip coming up next week. I'm planning to concurrently file I-130 and I-485 the day we come back. Is this doable? Would there be any complication?

Yes its called immigration fraud. It carrys a life time ban from the USA.

You cant leave and come back and file adjustment of status.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Inky Grand Master

Inky   1,110

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Inky, thank you for your reply. My H1-B is actually valid and will be valid for another few months after I come back.

Sorry but that does not matter. Your plan is still immigration fraud. You cant leave the USA and re-enter and file adjustment of status.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Joey_TD Rookie

Joey_TD   0

Posted
Filed: H-1B Visa Timeline
  • Author
Posted

Sorry but that does not matter. Your plan is still immigration fraud. You cant leave the USA and re-enter and file adjustment of status.

I'm a bit confused. Is there a required length of time between re-entering on a valid visa and filing adjustment of status?

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jdh Community Regular

jdh   103

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

I think the problem is that you just got married and now you are leaving the country....you are then coming back in with the intent of permanently immigrating...if you leave the country you are gong to have to file from out of country.

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

Sorry but that does not matter. Your plan is still immigration fraud. You cant leave the USA and re-enter and file adjustment of status.

This is incorrect. H1B is a dual-intent visa. There will be no fraud whatsoever because this visa allows for immigrant intent. Op - you can even continue to travel without AP while your Adjustment is pending. You can file the day you return.

Back to the topic: Use her new name when you file. The USCIS will accept the marriage cert as proof of name change. 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!

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Joey_TD Rookie

Joey_TD   0

Posted
Filed: H-1B Visa Timeline
  • Author
Posted

This is incorrect. H1B is a dual-intent visa. There will be no fraud whatsoever because this visa allows for immigrant intent. Op - you can even continue to travel without AP while your Adjustment is pending. You can file the day you return.

Back to the topic: Use her new name when you file. The USCIS will accept the marriage cert as proof of name change. Good luck.

Thank you for confirming, Harpa.

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