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RFE on AOS from K1 - probably name change

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Filed: K-1 Visa Country: United Kingdom
Timeline

Hi Everyone,

Recently applied for AOS with EAD and AP from a K1 visa. Just got an RFE, not sure what that is as haven't had the letter yet but I suspect it's because we haven't started changing my wife's (US Citizen - I'm the immigrant) surname. I followed everything on here to the letter in filling out the forms and the additional documentation.

I put may family name on the I-485 thinking that by they time they get to it we would have it changed since the process takes a year. We intended to change it after a flight we took for a weekend away so they didn't question her on identity. And then we would do the Social Security first,then DPS and then the rest. The marriage certificate is still in her original family name.

So is it likely to be that they have seen she hasn't changed her name yet? I was worried that if I put her original name it would screw things up later and if we kept her original name until the green card process was done in a years time that they would question why didn't she take my family name in an interview as a evidence against "co-mingling".

So I'm pre-empting the RFE and just wondering what people thought on my thinking above? Obviously I just need to wait for the RFE letter to come through but if people had any insights then that would be gratefully received.

Thanks

Rob

K1 Timeline

November 21st 2013 - First Met

November 18th 2014 - I-129f Submitted

November 24th 2014 - NOA 1

May 22nd 2015 - NOA 2 - no RFE!

June 4th 2015 - Case Sent to NVC

June 6th 2015 - NVC receives case

June 15th 2015 - Case Sent to Embassy

June 16th 2015 - Phoned NVC and finally got case number (tried 12th June and had not been assigned)

June 16th 2015 - Medical booked

June 21st 2015 - Sent Packet "3" - DS 160 and readiness

June 25th 2015 - Embassy sends letter in receipt of receiving case

June 30th 2015 - Medical

July 28th 2015 - Interview - Approved!

August 3rd 2015 - Email request to collect from courier office (Went straight from "Ready" to "Issued" did not see AP in CEAC)

August 4th 2015 - Collected packet from Chancery Lane Courier Office

August 7th 2015 - Arrived in Houston and end of K1 journey :)

Adjustment of Status Timeline

August 10th 2015 - Applied for SSN, obtained SSN number next day

August 15th 2015 - SSN card arrived

August 20th 2015 - Married! :)

August 24th 2015 - sent packet to USCIS via FedEx [AOS, AP & EAD]

August 26th 2015 - packet received at USCIS

August 28th 2015 - NOA 1 for all three applications

September 15th 2015 - RFE - request 1040A, W2's was not enough

September 24th 2015 - Biometrics completed

September 28th 2015 - RFE response received by USCIS

October 27th 2015 - EAD approved

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Filed: AOS (apr) Country: Cyprus
Timeline

No, that's not it. No name change is required nor will they question it or see it as lack of co mingling.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Filed: AOS (pnd) Country: Colombia
Timeline

Hello!!

Somebady here is waiting more than 1 year for USCIS answer about GC?? I sent answer to an RFE I received April but they no update the Uscis webside, I called and the only answer was they are delay with the cases bla bla bla...

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No Rob. That's not it.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Filed: K-1 Visa Country: United Kingdom
Timeline

No Rob. That's not it.

OK Thanks, I'll just chill until I get the letter! Hopefully get it in the next few days, so annoying that they don't provide a reason online.

K1 Timeline

November 21st 2013 - First Met

November 18th 2014 - I-129f Submitted

November 24th 2014 - NOA 1

May 22nd 2015 - NOA 2 - no RFE!

June 4th 2015 - Case Sent to NVC

June 6th 2015 - NVC receives case

June 15th 2015 - Case Sent to Embassy

June 16th 2015 - Phoned NVC and finally got case number (tried 12th June and had not been assigned)

June 16th 2015 - Medical booked

June 21st 2015 - Sent Packet "3" - DS 160 and readiness

June 25th 2015 - Embassy sends letter in receipt of receiving case

June 30th 2015 - Medical

July 28th 2015 - Interview - Approved!

August 3rd 2015 - Email request to collect from courier office (Went straight from "Ready" to "Issued" did not see AP in CEAC)

August 4th 2015 - Collected packet from Chancery Lane Courier Office

August 7th 2015 - Arrived in Houston and end of K1 journey :)

Adjustment of Status Timeline

August 10th 2015 - Applied for SSN, obtained SSN number next day

August 15th 2015 - SSN card arrived

August 20th 2015 - Married! :)

August 24th 2015 - sent packet to USCIS via FedEx [AOS, AP & EAD]

August 26th 2015 - packet received at USCIS

August 28th 2015 - NOA 1 for all three applications

September 15th 2015 - RFE - request 1040A, W2's was not enough

September 24th 2015 - Biometrics completed

September 28th 2015 - RFE response received by USCIS

October 27th 2015 - EAD approved

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OK Thanks, I'll just chill until I get the letter! Hopefully get it in the next few days, so annoying that they don't provide a reason online.

Yep, you just have to wait. Her name changed the day you married. If she wants to use your name she can use it on AOS or introducing herself to new people or anywhere. Getting it changed on every document, bill, etc evolves over time. USCIS will not know if she has been to Social Security or the DPS or the bank or her HR department yet. Not their concern. As an example, I didn't change my name. It's not my maiden name either. It is my prior marriage name. I was too lazy to go change a lifetime of things to a new name. (Just did a count in my head and came up with 40 changes before I even get into all to loyalty card accounts. No thanks.) No RFE ever. Never questioned by USCIS about why I would use my former husband's name instead of current husband's name.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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