AOS Confusion

[westmeetseast 7]

Hello,

I just got married after my fiancee arrived on a K-1 visa. As to what nexxt steps to take I am getting mixed signals. I see on my timeline that I need to complete an I-485, I-131, and an I-765 to adjust my wife's status, get work authorization, and authorization to travel. Is this the correct process? I am confused because:

When I initially completed my packet for K-1, on the DS-230 it asks if I want a social security card and I selected yes. I have not recieved it and called social security who said I do not get a card until USCIS says I can and they gave me a number to call USCIS. The USCIS agent told me I needed to complete the following:

I-485

G-325A

I-864

I-94

I-693 supplement

I-797

Marriage Certificate

Birth Certificate

2 Passport Photos

If she wants to work or travel

I-765

I-131

I-485A

Can anyone tell me what I truly need to fill out for the next step?

Also, on the I-485 and I-131 what is the A number? is it the number from the I-797?

Is class of admission K-1? Is that the same as my USCIS status?

Thank you so much

[jayne d 12]

Hi, you could start by reading through the guides http://www.visajourney.com/content/guides.

These will take you through what you need to submit for AOS and also how to get a social security number.

[KayDeeCee 4,893]

A K-1 applicant only fills out part one of the DS-230. The part where you check off for an SSN only applies to those filing for an immigrant visa, such as the CR-1. You needed to go to the SSA and apply for an SSN so long as you had at least 2 weeks before your I-94 was to expire. If it is too late for that, then you will need to wait for the EAD, and then apply at your local SSA office: http://www.visajourney.com/content/ssn

If you called the USCIS customer service number, then unless your call was elevated to a tier 2, then you did not speak to a USCIS agent. Tier one workers just answer the phones and mainly read off scripts or what they are allowed to see on their computer screens. They are notorious for giving misinformation.

Follow the guide here on VJ. What it lists is all you need: http://www.visajourney.com/content/k1k3aos

Also, check the example forms too. They can help out with some of the basic questions you may have about what to fill out on the forms: http://www.visajourney.com/content/examples

Vanessa's guide lists all the documents you need for each form and is easy to follow: http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/

Edited February 10, 2013 by Jay-Kay

[westmeetseast 7]

Thank you very much. This answered almost all of my questions. The last question I have is regarding family name on the I-485. On the K-1 paperwork, she used her maiden name but now that we are married she wants to change to my last name. Do we use the married name that is different from her passport or continue using her maiden name? If I submit the marriage certificate and use the married name, will that be sufficient?

The other question is with the medical. When she went to the doctor in Thailand, she was given a DS-3025 will a copyt of that be sufficient?

Thank you.

A K-1 applicant only fills out part one of the DS-230. The part where you check off for an SSN only applies to those filing for an immigrant visa, such as the CR-1. You needed to go to the SSA and apply for an SSN so long as you had at least 2 weeks before your I-94 was to expire. If it is too late for that, then you will need to wait for the EAD, and then apply at your local SSA office: http://www.visajourney.com/content/ssn

If you called the USCIS customer service number, then unless your call was elevated to a tier 2, then you did not speak to a USCIS agent. Tier one workers just answer the phones and mainly read off scripts or what they are allowed to see on their computer screens. They are notorious for giving misinformation.

Follow the guide here on VJ. What it lists is all you need: http://www.visajourney.com/content/k1k3aos

Also, check the example forms too. They can help out with some of the basic questions you may have about what to fill out on the forms: http://www.visajourney.com/content/examples

Vanessa's guide lists all the documents you need for each form and is easy to follow: http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/

[KayDeeCee 4,893]

Thank you very much. This answered almost all of my questions. The last question I have is regarding family name on the I-485. On the K-1 paperwork, she used her maiden name but now that we are married she wants to change to my last name. Do we use the married name that is different from her passport or continue using her maiden name? If I submit the marriage certificate and use the married name, will that be sufficient?

The other question is with the medical. When she went to the doctor in Thailand, she was given a DS-3025 will a copyt of that be sufficient?

Thank you.

If she will be using your name from now on, then you need to fill out all the AOS in her new married name. Only list her maiden name where it asks for previous names used and name on I-94. The name you use on the forms for the Family/Surname is the name her EAD/AP and green card will come in. Yes, the copy of the certified marriage certificate you send in with the AOS paperwork acts as the legal name change document.

If she had all the required vaccinations at the time of her K-1 medical and the DS-3025 is filled out properly, then no need to see a civil surgeon for the I-693. You can just include a copy of her DS-3025. See this post for details on the DS-3025 being filled out correctly or not: http://www.visajourney.com/forums/topic/335754-ds-3025-complete-or-not/page__view__findpost__p__4971318

[westmeetseast 7]

On the I-485 it asks for C/O (n care of) who should i list? My wife can receive mail at this address but is it safer to put my name?

If she will be using your name from now on, then you need to fill out all the AOS in her new married name. Only list her maiden name where it asks for previous names used and name on I-94. The name you use on the forms for the Family/Surname is the name her EAD/AP and green card will come in. Yes, the copy of the certified marriage certificate you send in with the AOS paperwork acts as the legal name change document.

If she had all the required vaccinations at the time of her K-1 medical and the DS-3025 is filled out properly, then no need to see a civil surgeon for the I-693. You can just include a copy of her DS-3025. See this post for details on the DS-3025 being filled out correctly or not: http://www.visajourney.com/forums/topic/335754-ds-3025-complete-or-not/page__view__findpost__p__4971318

[KayDeeCee 4,893]

On the I-485 it asks for C/O (n care of) who should i list? My wife can receive mail at this address but is it safer to put my name?

Should be no need for an 'in care of'. Leave it blank. Make sure the post office has her name for your address too, or list it on the mailbox.

[neodragon0l 6]

A K-1 applicant only fills out part one of the DS-230. The part where you check off for an SSN only applies to those filing for an immigrant visa, such as the CR-1. You needed to go to the SSA and apply for an SSN so long as you had at least 2 weeks before your I-94 was to expire. If it is too late for that, then you will need to wait for the EAD, and then apply at your local SSA office: http://www.visajourney.com/content/ssn

If you called the USCIS customer service number, then unless your call was elevated to a tier 2, then you did not speak to a USCIS agent. Tier one workers just answer the phones and mainly read off scripts or what they are allowed to see on their computer screens. They are notorious for giving misinformation.

Follow the guide here on VJ. What it lists is all you need: http://www.visajourney.com/content/k1k3aos

Also, check the example forms too. They can help out with some of the basic questions you may have about what to fill out on the forms: http://www.visajourney.com/content/examples

Vanessa's guide lists all the documents you need for each form and is easy to follow: http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/

Weird I was told by SSA that my wife can't cannot get a SSN after we got married. She has to wait for the EAD. It is really weird filling out health insurance paperwork when your wife does not have a SSN.

[KayDeeCee 4,893]

Weird I was told by SSA that my wife can't cannot get a SSN after we got married. She has to wait for the EAD. It is really weird filling out health insurance paperwork when your wife does not have a SSN.

If she still had at least 2 weeks before her I-94 expired, then she should have been able to get her SSN. However, there are plenty of ignorant SSA workers. Some people have been told getting married turned their K-1 to a K-3 or that they needed a spousal visa now. So so very silly and wrong. They do not actually know the rules of their own administration. You could have asked for a supervisor and/or emailed the SSA. They have been known to send back an email for you to print and take to your local SSA office to school the workers there on how it actually works in order to get the SSN. A huge pain. Too bad some people do not know how to do their own jobs properly. People here on VJ are usually advised to get the SSN before getting married in their maiden name and changing the name on it later after marriage or when they have their green card. All because some SSA workers incorrectly tell people what they told you.

[neodragon0l 6]

If she still had at least 2 weeks before her I-94 expired, then she should have been able to get her SSN. However, there are plenty of ignorant SSA workers. Some people have been told getting married turned their K-1 to a K-3 or that they needed a spousal visa now. So so very silly and wrong. They do not actually know the rules of their own administration. You could have asked for a supervisor and/or emailed the SSA. They have been known to send back an email for you to print and take to your local SSA office to school the workers there on how it actually works in order to get the SSN. A huge pain. Too bad some people do not know how to do their own jobs properly. People here on VJ are usually advised to get the SSN before getting married in their maiden name and changing the name on it later after marriage or when they have their green card. All because some SSA workers incorrectly tell people what they told you.

Thank you for the input. So you are saying that we can get her SSN even after we got married as long as the I-94 is not expired as there is at least 2 weeks before the expiration date. The I-94 says that we have until March 3, 2013. I went last Thursday and we will try again at a different SSA office. Any advice on what we should do.

[KayDeeCee 4,893]

Thank you for the input. So you are saying that we can get her SSN even after we got married as long as the I-94 is not expired as there is at least 2 weeks before the expiration date. The I-94 says that we have until March 3, 2013. I went last Thursday and we will try again at a different SSA office. Any advice on what we should do.

Yes. She should be able to get her SSN with her passport and copy of your marriage certificate, OR try getting it in her maiden name for now still. That way it should match the name in the database for her and the name on her passport and visa. If she can get the SSN that way, you can just change it later with her EAD or green card, which will be in her married name anyway, and your marriage certificate. If the other SSA office still gives you grief, ask to speak to a supervisor. Print out the document from this guide that shows she is eligible to get an SSN as a K-1 visa holder: http://www.visajourney.com/content/ssn

If the supervisor is of no help still, then contact the SSA about your situation and see if they can send you an email to print out and take to the SSA office to let them know she can indeed get her SSN: http://www.ssa.gov/pgm/reach.htm

If all that fails, you will need to wait for the EAD in her married name.