Questions on AOS, AP, and Biometrics.

[CowBoE 429]

To those that have gone through this, can you help with these questions?

1) AP instruction kind of scared me a bit...do you really have to have clear abroad travel

reason to request AP? At this time we don't have such plan, but thought it was nice

to have it in case we needed to travel to China.

2) Does USCIS assign the biometrics date and location?

The reason is we will submit our AOS/EAD packet in 2 to 3 days,

and in couple of week, we were planning to travel out of state for 2 weeks.

When ooking at others' timelines, it looks like biometrics is done between 2 to 4 week

after the AOS/EAD submission. If so, then we will have to cancel/postpone our trip.

3) Do my wife file AOS & EAD using my (USC) last name?

She wants to take on my last name, but her social security card is stuck at

getting the name changed for 6 weeks now, and during marriage, they didn't

give us a chance to change her last name to mine.

Thanks in advance.

[KayDeeCee 4,893]

To those that have gone through this, can you help with these questions?

1) AP instruction kind of scared me a bit...do you really have to have clear abroad travel

reason to request AP? At this time we don't have such plan, but thought it was nice

to have it in case we needed to travel to China.

No plans or reason need to be given at all. You should get AP just in case. You can leave date and length of trip blank and then hand write Unknown for those after you print the form.

2) Does USCIS assign the biometrics date and location?

The reason is we will submit our AOS/EAD packet in 2 to 3 days,

and in couple of week, we were planning to travel out of state for 2 weeks.

When ooking at others' timelines, it looks like biometrics is done between 2 to 4 week

after the AOS/EAD submission. If so, then we will have to cancel/postpone our trip.

Yes, they will send you a biometrics letter with the date, time and place on it. You may want to postpone your trip until that is done.

3) Do my wife file AOS & EAD using my (USC) last name?

She wants to take on my last name, but her social security card is stuck at

getting the name changed for 6 weeks now, and during marriage, they didn't

give us a chance to change her last name to mine.

Yes, if she will be using your last name since you married, then that is name to use. The EAD/AP and green cards will come in the name you use on the forms. List maiden name only where it asks for maiden or other names used. It makes no difference what name is on her SSN. The copy of your marriage certificate acts as your legal name change document.

Thanks in advance.

[CowBoE 429]

3) Do my wife file AOS & EAD using my (USC) last name?

She wants to take on my last name, but her social security card is stuck at

getting the name changed for 6 weeks now, and during marriage, they didn't

give us a chance to change her last name to mine.

Yes, if she will be using your last name since you married, then that is name to use. The EAD/AP and green cards will come in the name you use on the forms. List maiden name only where it asks for maiden or other names used. It makes no difference what name is on her SSN. The copy of your marriage certificate acts as your legal name change document.

Thanks for the replies. I will then file for AP as well.

To clarify the situation in more detail...

We tried to get my wife's name changed two times. Once at the marriage license filing,

and the other at the time of the marriage, but without any valid US picture ID, they refused.

So the only US ID she has now is SS card which has her maiden name.

We've tried for 6 weeks now to get that changed, but its in the black hole at the moment.

Our marriage certificate also has her maiden last name as well,

but we filled out all forms (AOS/EAD/AP) using the new married name

and in couple of places indicated her past maiden name as previously used.

So this would be OK?

[Darnell 8,478]

1. no

2. no - usually 30 to 60 days after receiving receipt notices, a biometrics appointment letter will be sent out. I think you're fine on the trip. Even receiving the letter, it's usually for 20 to 30 days OUT, in future, of letter date.

3. Waste of time at SSA without a federal ID showing the name change. Mentioned before, but you shifted and thought to pursue it. When to change the SSA Name? When she has a federal ID (like the AP/EAD combo card) to show to a brain-dead SSA employee, in person. Why? The expiration date on the I-94 is troublesome, you go back for a name change with the marriage cert, and they get confused, slinging into DHS Verification mode (and DHS cannot verify it, this new name, they rely solely on FEDERAL ID issued by USCIS). How to fix it? put the 'married name' on all AOS/EAD/AP forms, and it will come across with USCIS. Get the AP/EAD combo card apprx 90 days after filing for it, return to SSA office and update the name there, new SS card arrive within 2 weeks after.

Edited December 8, 2014 by Darnell

[CowBoE 429]

1. no

2. no - usually 30 to 60 days after receiving receipt notices, a biometrics appointment letter will be sent out. I think you're fine on the trip. Even receiving the letter, it's usually for 20 to 30 days OUT, in future, of letter date.

3. Waste of time at SSA without a federal ID showing the name change. Mentioned before, but you shifted and thought to pursue it. When to change the SSA Name? When she has a federal ID (like the AP/EAD combo card) to show to a brain-dead SSA employee, in person. Why? The expiration date on the I-94 is troublesome, you go back for a name change with the marriage cert, and they get confused, slinging into DHS Verification mode (and DHS cannot verify it, this new name, they rely solely on FEDERAL ID issued by USCIS). How to fix it? put the 'married name' on all AOS/EAD/AP forms, and it will come across with USCIS. Get the AP/EAD combo card apprx 90 days after filing for it, return to SSA office and update the name there, new SS card arrive within 2 weeks after.

1. Sounds good. I am including AP in my packet. Man, the AP instructions are pretty strict.

2. Looking at about a dozen different timelines, I saw that many were doing the biometrics about

30 days after the receipt notice, and I saw some doing it after 2 weeks.

3. SSA is one thing, but also local country office was pretty much same.

Without the US ID, they refused to let the wife change her last name on marriage certificate.

[CGetty 1]

If you are applying for EAD and AP and using her married name, which you should be using, make sure you send 3 copies of the marriage license. One with I-485, One with the I-131, and an another with the I-765. Apparently they split the packet up when it is received. We only sent one copy and ended up with 2 RFEs. One for AP and the other for EAD, both asking for marriage certificate because her name was different from their records.

As for the SS card, we went to the SSA office 2 days after the wedding and had no problem changing the name on the Social Security card to my wife's new married name... Just showed them her passport, old card, and marriage license (it was a certified copy... We took the paperwork to the courthouse personally for the pastor and were able to convince the clerk to give us a certified copy right there so we didn't have to wait the month or so to receive it in the mail). We may be the exception and not the rule, but it seemed pretty much routine for the person we were dealing with. It was much more difficult to explain that a K1 could get a number than it was changing her name... It was a small office, so maybe they just recognized us from our last visit.

[CowBoE 429]

If you are applying for EAD and AP and using her married name, which you should be using, make sure you send 3 copies of the marriage license. One with I-485, One with the I-131, and an another with the I-765. Apparently they split the packet up when it is received. We only sent one copy and ended up with 2 RFEs. One for AP and the other for EAD, both asking for marriage certificate because her name was different from their records.

As for the SS card, we went to the SSA office 2 days after the wedding and had no problem changing the name on the Social Security card to my wife's new married name... Just showed them her passport, old card, and marriage license (it was a certified copy... We took the paperwork to the courthouse personally for the pastor and were able to convince the clerk to give us a certified copy right there so we didn't have to wait the month or so to receive it in the mail). We may be the exception and not the rule, but it seemed pretty much routine for the person we were dealing with. It was much more difficult to explain that a K1 could get a number than it was changing her name... It was a small office, so maybe they just recognized us from our last visit.

Thanks for the reply.

That's the first time I'm hearing about sending in 3 copies of marriage certificate.

I just the AOS/EAD/AP packet today with ONE certified (vs. copy) marriage certificate.

It's kind of silly that they will ask for 3 copies of same thing.

Nevertheless, it is very good to know that they could issue RFE.

Since they are asking for a "COPY" vs. "ORIGINAL", I don't see why they can't just

make copies if needed, rather than taking the more time consuming and costly

route of issuing RFE. After all, it's just a single sheet! LOL

As for the SS card, yes I think you are lucky, because our county refused to accept

last name change for my wife when they were issuing marriage license or certificate

and because of it, the SS office have been sitting on our request for nearly 7 weeks now.