Adjustment of Status

[causeimyellow 0]

Hi all, Here is the deal, my fiancee arrived to the U.S. on May 6th with a k-1 visa and we got married June 6th. So is the next step applying for Adjustment of Status (I-485 form)? And is there any other forms that I have to complete and send?

Another question, Can my wife get a state identification card? We live in Connecticut, and I was advised to add her to my bank account and credit cards to further prove that this marriage is bonafide. In order to add her to my bank account, I believe that they require her to have a drivers license or state I.D?

One more question regarding form I-485, If I have previously sent in Affidavit of Support (form I-864) in my original petition for the k-1, do I have to submit it again? or do they already have it on file?

Any help through this process will greatly be appreciated. Thank you very much!

[C-ma'am 684]

You should read this guide http://www.visajourney.com/content/k1k3aos to have a clear idea of what all you need to file for AOS.

[Penguin_ie 5,987]

*** Moving from K1 to AOS forum ***

[bigdog 376]

Reread or read the AOS guide, apply for EAD and AP at same time no extra cost. You will be OK.

[Darnell 8,478]

Don't forget to go apply for SSN at local SSA office tomorrow, in VISA name (not married name).

Good Luck !

[Mogambi 96]

You would have sent in form I-34 as the Affidavit of Support in the K1 process, not the I-864, which is a different form, and legally binding, so yes, you need to fill out all the forms they tell you to.

[Athena13 10]

Don't forget to go apply for SSN at local SSA office tomorrow, in VISA name (not married name).

Good Luck !

I thought you have to use your married name on all forms and SSN after you got married, if you changed your surname during this marriage.

[Darnell 8,478]

I thought you have to use your married name on all forms and SSN after you got married, if you changed your surname during this marriage.

well, that's for immigration forms, ya?

I'm writing specifically about the SSN, which is very loosely related to immigration, but totally unrelated to immmigration forms for adjusting status.

If one has never applied for an SSN but is findable in the SAVE database at the SSA office, it's all on the VISA name, and no other name.

One can always go back after getting the SSN, with marriage certificate in hand, and change the name.

Sorry, it's always a hassle to get a SSN, 90 percent of the SSA clerks are not trained for how to do intake and lookup for K-1 visa holders.

[Athena13 10]

well, that's for immigration forms, ya?

I'm writing specifically about the SSN, which is very loosely related to immigration, but totally unrelated to immmigration forms for adjusting status.

If one has never applied for an SSN but is findable in the SAVE database at the SSA office, it's all on the VISA name, and no other name.

One can always go back after getting the SSN, with marriage certificate in hand, and change the name.

Sorry, it's always a hassle to get a SSN, 90 percent of the SSA clerks are not trained for how to do intake and lookup for K-1 visa holders.

I applied for SSN after I got married, with my new surname (different to visa name), for the first time, and they did it without problem. (i did it in Martinez, California)

I know there are some people having trouble with it with the new married surname when applying for the first time. my understanding is, before two people got married, when applying for SSN, of course use the maiden name. After marriage and changed name, apply for SSN, use the new surname.

anyway....

[C-ma'am 684]

I applied for SSN after I got married, with my new surname (different to visa name), for the first time, and they did it without problem. (i did it in Martinez, California)

I know there are some people having trouble with it with the new married surname when applying for the first time. my understanding is, before two people got married, when applying for SSN, of course use the maiden name. After marriage and changed name, apply for SSN, use the new surname.

anyway....

It all depends on when you get married and if you have enough time left on your i-94. If you get married right away, you can do it in your married name (like Athena did).... BUT, if your wedding is further down the 90 days road, you may want to get it as soon as possible, to avoid complications later on.

I got it under my maiden name, because our wedding was almost two months after I arrived.

Edited June 27, 2012 by Celeste & C

[causeimyellow 0]

Reread or read the AOS guide, apply for EAD and AP at same time no extra cost. You will be OK.

I'm sorry but what does EAD and AP mean?

Don't forget to go apply for SSN at local SSA office tomorrow, in VISA name (not married name).

Good Luck !

Yes, she has a SSN. Do you know if she qualifies for a State I.D. card?

[Darnell 8,478]

state ID card, probably not, as you not have any federal document CURRENTLY IN EFFECT to substantiate her presence.

A green card is one of those federal documents.

In some states, an EAD card is accepted as well.

[grrrrreat 109]

You would have sent in form I-34 as the Affidavit of Support in the K1 process, not the I-864, which is a different form, and legally binding, so yes, you need to fill out all the forms they tell you to.

I-134 is legally binding too, it's just prescribed by a different section in the immigration law because K-1 is technically a nonimmigrant visa.

[Athena13 10]

I'm sorry but what does EAD and AP mean?

Yes, she has a SSN. Do you know if she qualifies for a State I.D. card?

AP- advanced parole

EAD - employment authorisation (don't know what is D, maybe document)

you didn't need to get those?

[KayDeeCee 4,892]

I-134 is legally binding too, it's just prescribed by a different section in the immigration law because K-1 is technically a nonimmigrant visa.

No it isn't.

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-12693/0-0-0-13496.html

http://www.visajourney.com/forums/topic/300131-the-i-134affidavit-of-support-is-not-a-legally-binding-affidavit/page__p__4539587#entry4539587

http://www.visajourney.com/forums/topic/367422-i-134-duration-liabilities-and-sources/page__view__findpost__p__5377217

Edited June 28, 2012 by Jay-Kay