AOS - A few questions

[Elora & Rob 15]

Hi.

I am due to fly out on the 10th of December and am getting married on the 14th. I fill be filling completing AOS shortly after and have a few questions about.

For all forms

Shouls we use Elora's maiden name Tyler, or her soon to be married name Palmer?

I-765

Question 16) For a K1 Visa do I put (a)(6) or ©(9)?

I-864

Question 18) It says SSN is required. Is this the case. Can I not put N/A?

Question 24) Do we fill out questions D & E?

Question 25) My Fiances 2011,2010 and 2009 tax forms will be below the poverty line. She graduated in May and started working full time then. Will this be ok?

What would happen if she hadn't filed Tax returns for those years?

I-131

I would only travel out of the U.S in case of an emergancy. What should I fill out for Part 3,4,5,6,7 etc.

Thanks.

Robert

[didopage 337]

Her married name if that's the one she wants to use after your marriage.

I-765

( c ) ( 9 )

I-864

A SSN is not required from the non-US citizen. The one required is the one from the US citizen. Part 4, Question 18 is about the US sponsor.

Question 24) It depends on your situation. Is she going to use the income of someone in her household?

Question 25) Well, she filed her tax forms, right? Does she had recent pay stubs? Is her current income above the poverty line? You may need a co-sponsor if her income in her last tax return is below the poverty line. Better to play it safe.

I-131

Put Unknown for date and lenght of trip. Read more carefully, it says that if you're applying for an Advance Parole, to Skip to part 7. Check "more than one trip" in part 7.

Edited November 13, 2012 by didopage

[keji247 0]

Hello Rob,

I want to believe here that ur wife to be is the petitioner? if Yes, since by the time you will be applying for AOS, her name would still be in her maiden name. I will advice you leave it as it is. Unless, you plan to have her name changed before you turn in the application.

I-765

Yes it is c9.

I-864

SSN = NONE

I think you only need to fill question E if you are combining the beneficiary's income.

I-131

Section 3 says if you are applying for a travel documents go to section 7, so you do no need to worry on other sections between.

where it says date intended departure and expected length trip it is unknown

[Elora & Rob 15]

Her married name if that's the one she wants to use after your marriage.

I-765

( c ) ( 9 )

I-864

A SSN is not required from the non-US citizen. The one required is the one from the US citizen. Part 4, Question 18 is about the US sponsor.

Question 24) It depends on your situation. Is she going to use the income of someone in her household?

Question 25) Well, she filed her tax forms, right? Does she had recent pay stubs? Is her current income above the poverty line? You may need a co-sponsor if her income in her last tax return is below the poverty line. Better to play it safe.

I-131

Put Unknown for date and lenght of trip. read carefully, it says that if you're applying for am Advance Parole, to Skip to part 7. Check "more than one trip" in part 7.

Thanks. That really helps.

She does have her tax forms. She can prove that she makes well over the poverty line but she has only been doing it since May 2012?

Rob

[Elora & Rob 15]

Hello Rob,

I want to believe here that ur wife to be is the petitioner? if Yes, since by the time you will be applying for AOS, her name would still be in her maiden name. I will advice you leave it as it is. Unless, you plan to have her name changed before you turn in the application.

I-765

Yes it is c9.

I-864

SSN = NONE

I think you only need to fill question E if you are combining the beneficiary's income.

I-131

Section 3 says if you are applying for a travel documents go to section 7, so you do no need to worry on other sections between.

where it says date intended departure and expected length trip it is unknown

Yes my wife is the petitioner. She will change her name after we marry.

[Nich-Nick 3,354]

Hello Rob,

I want to believe here that ur wife to be is the petitioner? if Yes, since by the time you will be applying for AOS, her name would still be in her maiden name. I will advice you leave it as it is. Unless, you plan to have her name changed before you turn in the application.

I disagree with this. The day she marries, she can use her married name. The marriage is a legal name change. Then she can go around and change her name at other places like Social Security, work, bank, drivers license office when she gets around to it. She wants her greencard issued in the name she will use (husband's) because if it comes in her maiden name, it will cost her $450 to later get it in her married name.

Edited November 13, 2012 by Nich-Nick

[KayDeeCee 4,896]

I disagree with this. The day she marries, she can use her married name. The marriage is a legal name change. Then she can go around and change her name at other places like Social Security, work, bank, drivers license office when she gets around to it. She wants her greencard issued in the name she will use (husband's) because if it comes in her maiden name, it will cost her $450 to later get it in her married name.

Wife is the USC/petitioner/sponsor and won't be the one applying for the green card. However, the rest is still true. She can use her married name on the AOS forms before changing it elsewhere.

[Nich-Nick 3,354]

Wife is the USC/petitioner/sponsor and won't be the one applying for the green card. However, the rest is still true. She can use her married name on the AOS forms before changing it elsewhere.

Oh duh...my brain got twisted around. Thanks.

[Elora & Rob 15]

I Robert Palmer am the Husband from the UK, moving to the US and applying for AOS.

Elora Tyler is the wife from the US. Marrying me and changing her name to Elora Palmer.

Based on what I read....we put Elora Palmer as her name on all the forms, and it won't matter that her Social Security, Drivers License etc etc will say Tyler?

Also one other question. Do we send all of the documents for AOS, EAD & AP together in one envelope, or do we send them seperatley?

[Nich-Nick 3,354]

I Robert Palmer am the Husband from the UK, moving to the US and applying for AOS.

Elora Tyler is the wife from the US. Marrying me and changing her name to Elora Palmer.

Based on what I read....we put Elora Palmer as her name on all the forms, and it won't matter that her Social Security, Drivers License etc etc will say Tyler?

Also one other question. Do we send all of the documents for AOS, EAD & AP together in one envelope, or do we send them seperatley?

Robert--clip the separate applications with a large papercip or a bulldog clip so it's 3 bundles.

On top (of the three bundles): one cover letter with the check clipped to it and one G-1145 behind the cover letter.

Mail all together in one envelope.

Elora Palmer on the forms. Then it will be consistent with your next submissions for removing conditions and citizenship. Your wife is Palmer following the marriage. Don't worry about the K1 name. They know as a K1 you just got married and likely your wife has a different name than when she was your fiancé. Think of AOS as starting completely over with a new process, new people processing it, and a new name for Elora. Forget the K1 and start fresh with Mrs. Palmer since this is based on marriage. Her SSN will remain the same so it's valid no matter how many times she gets a new name. For this process they don't see what her driver license says or know if she has one. For her I864, her tax returns and pay slips will still say Tyler, but the USCIS will get it that she is newly married because that's the nature of of a K1 adjusting status---there was a recent marriage and most wives take a new last name. They see that all day long, so it's not unique that Elora has a new married name. Most of the newly married women do.

[VanessaTony 3,567]

Agree with Nich-Nick. Married name everywhere. If her income isn't sufficient you will need a joint sponsor.

[MichonandRuben 15]

When filling out the forms, this is a very helpful section:

http://www.visajourney.com/content/examples

My now husband and I are in the same situation and I just finished filling out the AOS forms. Your wife should use her married name. One thing that she can include with form I-864 is the letter from her employer stating her employment date and income along with last six months paystubs to prove her income to USCIS. My income was low until 2012 as well so it will not be reflected by tax returns and therefor I am only including the required 2011 and then adding those additional forms as proof of income.

I hope that helps!

[Elora & Rob 15]

Robert--clip the separate applications with a large papercip or a bulldog clip so it's 3 bundles.

On top (of the three bundles): one cover letter with the check clipped to it and one G-1145 behind the cover letter.

Mail all together in one envelope.

Elora Palmer on the forms. Then it will be consistent with your next submissions for removing conditions and citizenship. Your wife is Palmer following the marriage. Don't worry about the K1 name. They know as a K1 you just got married and likely your wife has a different name than when she was your fiancé. Think of AOS as starting completely over with a new process, new people processing it, and a new name for Elora. Forget the K1 and start fresh with Mrs. Palmer since this is based on marriage. Her SSN will remain the same so it's valid no matter how many times she gets a new name. For this process they don't see what her driver license says or know if she has one. For her I864, her tax returns and pay slips will still say Tyler, but the USCIS will get it that she is newly married because that's the nature of of a K1 adjusting status---there was a recent marriage and most wives take a new last name. They see that all day long, so it's not unique that Elora has a new married name. Most of the newly married women do.

Agree with Nich-Nick. Married name everywhere. If her income isn't sufficient you will need a joint sponsor.

Thanks as always Nich Nick and Vannessa&Tony.

Her income is sufficent but she has only been making that amount since May 2012 and her tax forms will show that. it was enough for I-134 but will that be ok for I-864?

Sorry for being ####### but I can't afford any RFI's as I have a job offer to start April 1st 2013.

[Elora & Rob 15]

When filling out the forms, this is a very helpful section:

http://www.visajourney.com/content/examples

My now husband and I are in the same situation and I just finished filling out the AOS forms. Your wife should use her married name. One thing that she can include with form I-864 is the letter from her employer stating her employment date and income along with last six months paystubs to prove her income to USCIS. My income was low until 2012 as well so it will not be reflected by tax returns and therefor I am only including the required 2011 and then adding those additional forms as proof of income.

I hope that helps!

Thanks I have used the example forms, still has a couple of questions though as the examples dont cover everying.

We can get a letter from her employer. Does the form not require 3 years of tax returns?? Or she can just put her 2011, Paystubbs since May 2012 and a letter from her employer.?

[VanessaTony 3,567]

Thanks I have used the example forms, still has a couple of questions though as the examples dont cover everying.

We can get a letter from her employer. Does the form not require 3 years of tax returns?? Or she can just put her 2011, Paystubbs since May 2012 and a letter from her employer.?

The form requires the amounts for the last 3 years, but only requires that you include a copy of the 2011 return.

Hopefully they accept paystubs. There have been some people reporting that they rejected them. Try and file taxes asap in case they DO reject it and then you can show 2012 taxes. Will take a little bit for them to check all that so you have some time to get it done