Changing wife's last name (with expired visa) before, after or during adjustment of status in NJ

[Suss&Camm 2,213]

1 minute ago, Juniper said:

Obama in not President anymore. Wake up and watch what happens.

I suggest you to read up on the subject. Apparently you gave no clue what you are talking about and the OP needs correct information not what you think is right. 

This has nothing to do with who is president. It was the law before Obama and it is the law after.

[BritGirl88 43]

28 minutes ago, Juniper said:

Overstaying a tourist visa by one year is a serious infraction.  USCIS in the current political environment is probably not going to forgive immigration infractions, especially overstays.

Once they file for AOS, she will be legal allowed remain while her paperwork is being processed. Overstays are forgiven for immediate relatives of a USC.

[Shauneg 763]

4 hours ago, yellowbrickroad5 said:

Did your marriage certificate have your maiden or married name? Ours currently has only her maiden name.

There's nowhere on the New Jersey marriage license to put the married name...so of course it's not on there. It's a legal name change document though. However, she does not have legal status to change her name but she applies for AOS. When she does put all documents in the name,she,would like to use going forward. It's that's a married name...sweet. if not that's fine too. If she wants to use a married name just be sure that in previous names used she puts her maiden name. Once she gets her EAD card you may use that at the SS office.

[Juniper 62]

4 hours ago, Suss&Camm said:

I suggest you to read up on the subject. Apparently you gave no clue what you are talking about and the OP needs correct information not what you think is right. 

This has nothing to do with who is president. It was the law before Obama and it is the law after.

Apparently you need to read up on the subject: Single father from Mexico in US for 20 years deported after ICE 'check-in'

https://www.theguardian.com/us-news/2017/mar/04/single-father-mexico-deported-ice-check-in-arizona-phoenix

 

He paid taxes and followed the law, then things changed and he was deported.

 

There is no difference between the illegal status of entering the USA across the Rio Grande or overstaying your visa, especially by more than one year.

 

If anyone has noticed the the I-130 form petition for alien relative (that this married couple needs to file and get its NOA1 back before filing I-485 Adjustment of Status) in February 2017 has been changed from 2 pages to 12 pages.  

 

For all those that are giving advice that in this case her more than one year overstay will be forgiven, please do your best to contact the aforementioned deported father (who paid his taxes and had a successful business) and offer your help to get him back to his family in the USA.

 

I ask the couple who started this thread to please contact an immigration attorney. You need to do a I-130 petition first with your attorney that provides a great explanation for the wife's overstay.  The help from the attorney will make the difference.  

 

[Suss&Camm 2,213]

27 minutes ago, Juniper said:

Apparently you need to read up on the subject: Single father from Mexico in US for 20 years deported after ICE 'check-in'

https://www.theguardian.com/us-news/2017/mar/04/single-father-mexico-deported-ice-check-in-arizona-phoenix

 

He paid taxes and followed the law, then things changed and he was deported.

 

There is no difference between the illegal status of entering the USA across the Rio Grande or overstaying your visa, especially by more than one year.

 

If anyone has noticed the the I-130 form petition for alien relative (that this married couple needs to file and get its NOA1 back before filing I-485 Adjustment of Status) in February 2017 has been changed from 2 pages to 12 pages.  

 

For all those that are giving advice that in this case her more than one year overstay will be forgiven, please do your best to contact the aforementioned deported father (who paid his taxes and had a successful business) and offer your help to get him back to his family in the USA.

 

I ask the couple who started this thread to please contact an immigration attorney. You need to do a I-130 petition first with your attorney that provides a great explanation for the wife's overstay.  The help from the attorney will make the difference.  

 

This is not even remotely the same thing. That man had entered illegally and  even been deported before and was now requesting asylum. If you have entered the country illegally you can not AOS. AGAIN PLEASE DON'T GIVE WRONG INFORMATION.

For ppl who have entered the country on a legal visa and overstayed and are immidiate family overstay is forgiven. 

Edited June 4, 2017 by Suss&Camm

[Suss&Camm 2,213]

There are a couple of visas from which you can't AOS but B2 is  not one of them.

[Shauneg 763]

32 minutes ago, Juniper said:

Apparently you need to read up on the subject: Single father from Mexico in US for 20 years deported after ICE 'check-in'

https://www.theguardian.com/us-news/2017/mar/04/single-father-mexico-deported-ice-check-in-arizona-phoenix

 

He paid taxes and followed the law, then things changed and he was deported.

 

There is no difference between the illegal status of entering the USA across the Rio Grande or overstaying your visa, especially by more than one year.

 

If anyone has noticed the the I-130 form petition for alien relative (that this married couple needs to file and get its NOA1 back before filing I-485 Adjustment of Status) in February 2017 has been changed from 2 pages to 12 pages.  

 

For all those that are giving advice that in this case her more than one year overstay will be forgiven, please do your best to contact the aforementioned deported father (who paid his taxes and had a successful business) and offer your help to get him back to his family in the USA.

 

I ask the couple who started this thread to please contact an immigration attorney. You need to do a I-130 petition first with your attorney that provides a great explanation for the wife's overstay.  The help from the attorney will make the difference.  

 

Someone entering illegally and in deportation status is not the same thing as someone who is currently adjusting status. You're wrong.....

 

 

Why would anyone want to help him come back? He entered illegally and overstated for 20 years. No sympathy.

Edited June 4, 2017 by Shauneg

[Suss&Camm 2,213]

32 minutes ago, Juniper said:

If anyone has noticed the the I-130 form petition for alien relative (that this married couple needs to file and get its NOA1 back before filing I-485 Adjustment of Status) in February 2017 has been changed from 2 pages to 12 pages

The biggest change that made that form longer is that it now includes the biographic information that was previously given in the separate g325a.  Also they can file them simultaneously. They don't need to wait for any NOA1 from the i130 to file the aos package.

[Juniper 62]

4 hours ago, Suss&Camm said:

This is not even remotely the same thing. That man had entered illegally and  even been deported before and was now requesting asylum. If you have entered the country illegally you can not AOS. AGAIN PLEASE DON'T GIVE WRONG INFORMATION.

For ppl who have entered the country on a legal visa and overstayed and are immidiate family overstay is forgiven. 

You are mistaken and you are also advocating that breaking US immigration law is 100% forgiven. The advice here is for the couple to seek immigration attorney counsel. I hope VisaJourney.com moderators will seek to stop your advocation that breaking US immigration law will be forgiven. Here is an example of the issue of why the couple should seek legal counsel because forgiveness is NOT automatic on this country starting last January:

 

http://www.alllaw.com/articles/nolo/us-immigration/citizenship-through-marriage.html

 

Complications for Immigrant Spouses Living in the United States Illegally

If you entered the United States without inspection, or stayed beyond the time allowed under a visa, even marrying a U.S. citizen or permanent resident may not help you. This is because people who spend unlawful time in the United States and then leave (which you may have to do in order to attend your interview at a U.S. consulate) may be penalized by a bar on reentry of three or ten years. See a lawyer for the details and a personal analysis.

 

If you're lucky enough to have both entered the U.S. legally and married a U.S. citizen (not a permanent resident), then you'll probably be able to avoid this problem, but see a lawyer anyway, just in case. And note that entering "legally" does not mean using a tourist or other visa with the secret plan of getting a green card based on marriage -- that's visa fraud, and will get you nowhere.

[Scandi 4,311]

9 minutes ago, Juniper said:

 

http://www.alllaw.com/articles/nolo/us-immigration/citizenship-through-marriage.html

 

Complications for Immigrant Spouses Living in the United States Illegally

If you entered the United States without inspection, or stayed beyond the time allowed under a visa, even marrying a U.S. citizen or permanent resident may not help you. This is because people who spend unlawful time in the United States and then leave (which you may have to do in order to attend your interview at a U.S. consulate) may be penalized by a bar on reentry of three or ten years. See a lawyer for the details and a personal analysis.

 

That whole text is about people who entered illegally (ie without inspection) and people outside of the US who has a ban. None of that applies to the OP,  from what I understand she entered legally (CPB inspected her at POE), she's still in the US, they got married and are now filing for AOS. It's perfectly fine! Even if the overstay isn't forgiven, it's ignored. Meaning she can file for AOS just fine without issues.

 

And for the second part: the issue with "intent" is determined at POE. If the CBP officer inspecting you and doesn't feel that there's any intent to stay and adjust status and lets you into the US - you're good to go. USCIS won't care one bit if there was intent or not.

 

You're the only one here that should stop giving wrong info. People who read your posts might actually believe you're right and that will really mess things up for them.

Edited June 4, 2017 by Scandi

[Suss&Camm 2,213]

36 minutes ago, Juniper said:

You are mistaken and you are also advocating that breaking US immigration law is 100% forgiven.

I'm most certainly not - My advice is consistent with US immigration law. 

Quote

The advice here is for the couple to seek immigration attorney counsel. I hope VisaJourney.com moderators will seek to stop your advocation that breaking US immigration law will be forgiven. 

VJ moderation are very good at quickly shutting down threads that offer illegal advice as it is against VJ TOS. I would also never advise to smth that was doubtful - @Scandi has explained above very well all the reasons why you are mistaken - you are comparing apples and oranges, and frankly likely scaring the OP for no reason at all as they are perfectly fine.

"Without inspection" as noted above, means without passing legal border security and inspection, i.e. entering illegally. The OP also has no reason to leave the country (since they don't need a visa to enter the country - they are already here) and therefore will not trigger the ban, and as mentioned above there was no intent determined at POE. The links you are providing are just further evidence that you don't understand the process and I suggest you try to learn something instead of going back and searching for yet more links that prove that point.

They do not need to pay a lawyer for something like this. It's perfectly DIY.

Edited June 4, 2017 by Suss&Camm

[geowrian 22,341]

12 hours ago, Juniper said:

Obama in not President anymore. Wake up and watch what happens.

A new president doesn't change the written law. If Congress decides to change laws, they can do so. Until then, nothing has changed with regard for the ability to AOS from a tourist visa as the spouse of a USC.

 

8 hours ago, Juniper said:

Apparently you need to read up on the subject: Single father from Mexico in US for 20 years deported after ICE 'check-in'

https://www.theguardian.com/us-news/2017/mar/04/single-father-mexico-deported-ice-check-in-arizona-phoenix

 

He paid taxes and followed the law, then things changed and he was deported.

 

There is no difference between the illegal status of entering the USA across the Rio Grande or overstaying your visa, especially by more than one year.

What?? No...this is wrong on so many levels. EWI is completely different than an overstay. Just...wow. I've seen some wrong info before, but I think this takes the cake. Please, for your own good, educate yourself so you can realize this mistake and not repeat or spread it.

 

Quote

If anyone has noticed the the I-130 form petition for alien relative (that this married couple needs to file and get its NOA1 back before filing I-485 Adjustment of Status) in February 2017 has been changed from 2 pages to 12 pages.  

They consolidated the need for several forms into 1. So yeah....it's longer. But the total amount and type of data being requested is nearly identical...just normal changes we see every so often.

 

Quote

For all those that are giving advice that in this case her more than one year overstay will be forgiven, please do your best to contact the aforementioned deported father (who paid his taxes and had a successful business) and offer your help to get him back to his family in the USA.

See the text in red above. This is the key difference and reason why that individual could not AOS and the OP's spouse can AOS.

 

Quote

I ask the couple who started this thread to please contact an immigration attorney. You need to do a I-130 petition first with your attorney that provides a great explanation for the wife's overstay.  The help from the attorney will make the difference. 

No immigration attorney is required. If they want one, that's fine. But there's no need at all to explain the overstay. USCIS doesn't care and won't ask. There's nowhere on the I-130 form (or the I-485) to explain it, and nothing in the instructions requesting it. Plenty of people AOS just fine from a tourist visa after an overstay. There's no issue here. It happens quite often.

 

3 hours ago, Juniper said:

You are mistaken and you are also advocating that breaking US immigration law is 100% forgiven. The advice here is for the couple to seek immigration attorney counsel. I hope VisaJourney.com moderators will seek to stop your advocation that breaking US immigration law will be forgiven. Here is an example of the issue of why the couple should seek legal counsel because forgiveness is NOT automatic on this country starting last January:

"Forgiven" is incorrect. The overstay is ignored for AOS. Unlawful presence will still accrue while AOS is pending, but authorized stay will persist so they can't be deported. Nobody's suggesting breaking immigration law. If you feel otherwise, then please report the offending posts. I'll wait.

Advising is being given to the OP on how to obtain legal status given their current circumstances, which is fully within the law.

 

Nothing changed with overstays adjusting status this year. Or last year. Or the year before that.

 

 

Edited June 4, 2017 by geowrian

[Ban Hammer 14,371]

please stay on topic and offer constructive advice for the op.

do not hijack this thread with a discussion about unrelated immigration stories.

 

charles

vj moderation

[Transborderwife 4,666]

20 hours ago, yellowbrickroad5 said:

Do you know if this applies to all states? The marriage certificate has only her maiden name. I was reading something online that in NJ the marriage certificate does not count as an official name change document. I just want to be 100% sure so none of my paperwork gets rejected as both her (Ukrainian) passport and our marriage certificate contain her maiden name. I don't want to trigger any red flags if I fill out all of the paperwork with my last name instead of hers.

I believe there are only a handful of states where this would be an issue.

[WandY 430]

22 hours ago, Suss&Camm said:

You file all the paperwork in her new name and her immigration documents will come in that name. She can then use that to change her name in order places such as banks etc...

It's enough that she is married to you. She can choose to start using your name when she pleases. The marriage certificate is the name change document even if it has her maiden name. 

Exactly! This is the easiest and maybe the best way to do it. Don't start changing names around - be consistent. Worry about the names later - it's not a big deal.