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inferbea

Filing as visitor under the visa waiver program

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My H-1B visa expired this past September. I went back to Korea and came back a month later as a visitor under the visa waiver program.

Then my boyfriend at that time (now husband) proposed me and we got married last month among friends and family at the city hall.

Our wedding ceremony will be in September 2013.

Now I'm trying to apply for adjustment of status(I-485) along with petition of alien relative (I-130), employment authorization (i-765), advanced parole document (I-131).

My question is,

I'd like to put my last name as my new last name changed by marriage. But my passport has my old last name. I was considering to change my last name on the passport but aside from all the hassles to go through to change the name on passport, I also have to wait 3 weeks to get a new passport. The problem is my my authorized stay expires on Jan 23rd, 2013. I don't want to go past this date to apply for adjustment of status.

While looking for a way to solve this problem, I found below guideline in the I-130 instruction page.

"If either you or the person you are filing for is using a name other than that shown on the relevant documents, you mush file your petition with copies of the legal documents that effected the change, such as a marriage certificate, adoption decree or court order."

So I assume as long as I attach marriage certificate with passport,it should solve the problem. Or should I use my original last name to be safe?

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Moving to AOS from tourist, student, work visa.


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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Use your new name on the forms. I don't recall how many of the forms require a copy of your passport, but for each that does, you should also include a copy of your marriage certificate to show the name change.


Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

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My H-1B visa expired this past September. I went back to Korea and came back a month later as a visitor under the visa waiver program.

Then my boyfriend at that time (now husband) proposed me and we got married last month among friends and family at the city hall.

Our wedding ceremony will be in September 2013.

Now I'm trying to apply for adjustment of status(I-485) along with petition of alien relative (I-130), employment authorization (i-765), advanced parole document (I-131).

My question is,

I'd like to put my last name as my new last name changed by marriage. But my passport has my old last name. I was considering to change my last name on the passport but aside from all the hassles to go through to change the name on passport, I also have to wait 3 weeks to get a new passport. The problem is my my authorized stay expires on Jan 23rd, 2013. I don't want to go past this date to apply for adjustment of status.

While looking for a way to solve this problem, I found below guideline in the I-130 instruction page.

"If either you or the person you are filing for is using a name other than that shown on the relevant documents, you mush file your petition with copies of the legal documents that effected the change, such as a marriage certificate, adoption decree or court order."

So I assume as long as I attach marriage certificate with passport,it should solve the problem. Or should I use my original last name to be safe?

So long as your marriage certificate has the name change listed on it, it will be fine. Use your new name.

If the marriage license does not list the name change, I don't know. You will need another name change document, I think.

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So long as your marriage certificate has the name change listed on it, it will be fine. Use your new name.

If the marriage license does not list the name change, I don't know. You will need another name change document, I think.

That is not correct. As long as it is a simple change (ie changing your surname to your husbands surname), the marriage license is a legal proof of your name change regardless of whether it actually lists your new name.

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