K1 Spouse left US in the middle of AOS without Advance Parole: Need Help

[SalSterling 10]

She came on K1 we got married here in US in April and filed AOS in mid May 2016. Bio-metrics done last week, but she has to leave under unforeseen situation. We tried to get emergency advance parole but it was denied. Now I am ready to file a brand new I-130 petion as US citizen spouse living in US while my spouse is overseas. I have following questions if someone can answer that will be very helpful for me.

1.) She came on K-1 and we married in US and she applied for AOS as already mentioned. She applied AOS used her married name in all the filings, whil she didn't get the SSN or any state ID before she left. So, my question is do I need to use her married name in form I-130? and if her I-130 gets approved then does she also needs to have her name changed in overseas ID and in her passport to reflect her married name? Keep in mind her current passport with K-1 visa don't have her married name since we were not married.

2.) We married in US and we have our marriage certificate but in marriage certificate her name is her maiden name since licensing agency told her marriage license will issues with the maiden name. So, do you think this US marriage certificate would be enough for overseas authorities to change her name in her passport?

3.) Do, I need to first send a request to USCIS to withdraw AOS before I send I-130 or I can simply attach a letter with the filing and request to withdraw AOS (I-485)?

4.) Beside this if you know anyother thing that I amy need to know for this process then please let me know.

Thank you.

[NikLR 13,227]

She came on K1 we got married here in US in April and filed AOS in mid May 2016. Bio-metrics done last week, but she has to leave under unforeseen situation. We tried to get emergency advance parole but it was denied. Now I am ready to file a brand new I-130 petion as US citizen spouse living in US while my spouse is overseas. I have following questions if someone can answer that will be very helpful for me.

1.) She came on K-1 and we married in US and she applied for AOS as already mentioned. She applied AOS used her married name in all the filings, whil she didn't get the SSN or any state ID before she left. So, my question is do I need to use her married name in form I-130? and if her I-130 gets approved then does she also needs to have her name changed in overseas ID and in her passport to reflect her married name? Keep in mind her current passport with K-1 visa don't have her married name since we were not married.

2.) We married in US and we have our marriage certificate but in marriage certificate her name is her maiden name since licensing agency told her marriage license will issues with the maiden name. So, do you think this US marriage certificate would be enough for overseas authorities to change her name in her passport?

3.) Do, I need to first send a request to USCIS to withdraw AOS before I send I-130 or I can simply attach a letter with the filing and request to withdraw AOS (I-485)?

4.) Beside this if you know anyother thing that I amy need to know for this process then please let me know.

Thank you.

1) AOS is no longer an issue. She left without AP and it will be considered abandoned. If you WANT to use her married name you can. If she wants her green card to be in married name she will have to change her passport.

2) Your marriage certificate has a maiden name on it because that's WHO she was when she got married. I don't know how changing your name works in Pakistan so I will let someone from Pakistan answer the rest of the question if this marriage certificate is enough or not.

3) You'd need a separate letter to withdraw the I-485 but you cannot do it. Your wife has to do it because it's her status that is being adjusted.

[Ontarkie 14,280]

~~Moved form Progress reports to Process and Procedures. - As this thread can fit more then one area the OP is needing to start the CR1 process and this thread will be move focused at that process. ~~

[SalSterling 10]

Thanks