AOS I-485, EAD I-765 and AP I-131

[LarryHickman 181]

Hi VJ friends, I got married 3/17 and we have our official marriage certificate recorded with Miami-Dada County. Her name that is on the marriage certificate is her birth name from Bolivia.

 

I have a two questions. 

 

1) I’m about to do all three documents and I wanted know what name I use for my wife in the sections on each form ( 485, 765 and 131) under Full Legal Name i.e ‘family name’? She will be changing her last name/surname to mine dropping her last name/surname. Today she still using her birth name. 

 

I read an old thread that said on all three documents use the name your spouse will use utimately use going forward and after green card. Should I use the name she will use (my last name) on all three documents or her legal birth name? 

 

2) We applied for social security number on March 1 but she hasn’t received it yet, we gave the social security officer the I 94 and it reflected her old B2 visa and not K1 visa as it should have....the B2 tourist visa was taken away which we expected, is this holding up the social security number? See below for details to this question. 

 

What doesn’t make sense on is the I 94 website shows her last entrance as November 2018 on B2 (its true she did enter on this date but not the most current) unfortunately this is what the social official got it’s all I could give him wrong or not. My wife’s most current entrance was in February 2019 on her K1 which is reflected on the same I 94 website but another page on the I 94 as entry history. What should we do?

 

Thanks 

 

 

Edited March 31, 2019 by LarryHickman

[K1visaHopeful 2,661]

16 minutes ago, LarryHickman said:

Hi VJ friends, I got married 3/17 and we have our official marriage certificate recorded with Miami-Dada County. Her name that is on the marriage certificate is her birth name from Bolivia.

 

I have a two questions. 

 

1) I’m about to do all three documents and I wanted know what name I use for my wife in the sections on each form ( 485, 765 and 131) under Full Legal Name i.e ‘family name’? She will be changing her last name/surname to mine dropping her last name/surname. Today she still using her birth name. 

 

I read an old thread that said on all three documents use the name your spouse will use utimately use going forward and after green card. Should I use the name she will use (my last name) on all three documents or her legal birth name? 

 

2) We applied for social security number on March 1 but she hasn’t received it yet, her I-94 reflected her old B2 visa and not K1 visa as it should have....the B2 tourist visa was taken away which we expected is this holding up the social security number?

 

What doesn’t make sense is it shows her last entrance in November 2018 on B2 (which is true she did enter on this date) and not her most current entrance in February 2019 on her K1 which reflects February entrance on her entry history. What should we do?

 

Thanks 

 

 

1. Yes use her married name on all forms.

 

2. You did not submit the correct I94 with your SSN application. You would have had to call CBP to correct your I94 first before applying for the SSN. Do that, generate a new I94 reflecting the K1 entry, go back to SSA and apply again ensuring she applies in her maiden name as that name is what DHS has on file for her (it wont change until she gets EAD or GC). Ensure also that you reapply long before her I94 expires as they wont do nothing for you after day 76 of entry.

Edited March 31, 2019 by K1visaHopeful

[LarryHickman 181]

3 minutes ago, K1visaHopeful said:

1. Yes use her married name on all forms.

 

2. You did not submit the correct I94 with your SSN. You would have had to call CBP to correct your I94 first before applying for the SSN. Do that, generate a new I94 reflecting the K1 entry, go back to SSA and apply again ensuring she applies in her maiden name as that name is what DHS has on file for her (it wont change until she gets EAD or GC). Ensure also that you reapply long before her I94 expires as they wont do nothing for you after day 76 of entry.

What do you mean I didn’t submit the correct one? It was the only one. I’m going to have my wife call the social security office and check, the social security officer even noticed this and he also knew she was K1 as it’s clearly in her passport.

[K1visaHopeful 2,661]

5 minutes ago, LarryHickman said:

What do you mean I didn’t submit the correct one? It was the only one. I’m going to have my wife call the social security office and check, the social security officer even noticed this and he also knew she was K1 as it’s clearly in her passport.

CBP did not update her I94 record from her B2 entry. The I94 admission record you needed to submit with her SSN application has to state that she entered on her K1. That's why you need to call and get CBP to update her I94. The one you submitted reflects her B2 entry. B2s are not eligible for SSNs as they are not eligible to work as tourists. 

There will always only be one I94 addmission record. It will reflect the LAST entry unless there is an error like in your case. So you need to fix it. You wont be able to apply for AOS anyways until you fix it. You cant use that I94 record to submit with the package.

[LarryHickman 181]

30 minutes ago, K1visaHopeful said:

CBP did not update her I94 record from her B2 entry. The I94 admission record you needed to submit with her SSN application has to state that she entered on her K1. That's why you need to call and get CBP to update her I94. The one you submitted reflects her B2 entry. B2s are not eligible for SSNs as they are not eligible to work as tourists. 

There will always only be one I94 addmission record. It will reflect the LAST entry unless there is an error like in your case. So you need to fix it. You wont be able to apply for AOS anyways until you fix it. You cant use that I94 record to submit with the package.

I will call CBP, do you have that number please?

 

Your saying I can’t do AOS until her most recent entry shows K1? Please elaborate.

 

 

I get what your saying but Im a little confused when you say she can’t get a ss# on a B2, the social security guy saw the error and he knew she entered on a K1, they gave her a reference number and one page letter explaining it takes up to 4 weeks to get a social security number and it also says on this page ‘this is to verify you requested a social security number’. To me this is stating she requested a number and they gave her a reference number.........what is the reference number for then if not for the social security number we asked for?........your thoughts?

Edited March 31, 2019 by LarryHickman

[K1visaHopeful 2,661]

10 minutes ago, LarryHickman said:

I will call CBP, do you have that number please?

Sorry, it's easily google-able. 

"CBP phone number". There is only one customer service number.

 

Your saying I can’t do AOS until her most recent entry shows K1? Please elaborate.

No. You need to submit her K1 I94 record with each AOS form as it is listed as a required document. 

 

I get what your saying but Im a little confused when you say she can’t get a ss# on a B2, the social security guy saw the error and he knew she entered on a K1, they gave her a reference number and one page letter explaining it takes up to 4 weeks to get a social security number and it also says on this page ‘this is to verify you requested a social security number’. To me this is stating she requested a number and they gave her a reference number.........what is the reference number for then if not for the social security number we asked for?........your thoughts?

It's quite possible that your SSA agent used the K1 Passport Stamp in her passport in lieu of a correct I94. He could have although he shouldnt have. The I94 is required. Its possible that your SSN is on the way then but I would not trust an SSA agent to do their job accurately from experience which is why I suggested you ensure they did it right by the remedy I suggested.

 

You cant get an SSN on a B2. It's a nonimmigrant tourist Visa. No possible way you can legally work: no reason for SSN.

[LarryHickman 181]

7 minutes ago, K1visaHopeful said:

It's quite possible that your SSA agent used the K1 Passport Stamp in her passport in lieu of a correct I94. He could have although he shouldnt have. The I94 is required. Its possible that your SSN is on the way then but I would not trust an SSA agent to do their job accurately from experience which is why I suggested you ensure they did it right by the remedy I suggested.

 

You cant get an SSN on a B2. It's a nonimmigrant tourist Visa. No possible way you can legally work: no reason for SSN.

Ok I’ll find the number and call and hopefully they can fix the I 94. I’ll also have my wife call the social security office and see what’s going on, if we have to make another trip to the social security office we will with a correct I 94 but I hope not as it seems the reference number is for the request of a social security number.

 

thank you very much

[K1visaHopeful 2,661]

3 minutes ago, LarryHickman said:

Ok I’ll find the number and call and hopefully they can fix the I 94. I’ll also have my wife call the social security office and see what’s going on, if we have to make another trip to the social security office we will with a correct I 94 but I hope not as it seems the reference number is for the request of a social security number.

 

thank you very much

Just keep up with SSA. Most times they say everything is good to go but it's not.

 

Ie. I applied for my married name SSN on Oct 30th after I already got my maiden name card. I knew wouldn't get it because they cant issue SSNs in married names. But at the SSA office I was told I was all good, under manual verification just like you and that I could call in 4 weeks. I called then and every week after. My I94 expired on Nov 22nd and I still called knowing there was no way in hell I would get it it but they STILL told me they were still processing it. I called well into December with their same response.

Guess what I got TODAY in the mail? A letter from SSA stating they could not issue my SSN in my married name. 4 months later.

[LarryHickman 181]

14 minutes ago, K1visaHopeful said:

Just keep up with SSA. Most times they say everything is good to go but it's not.

 

Ie. I applied for my married name SSN on Oct 30th after I already got my maiden name card. I knew wouldn't get it because they cant issue SSNs in married names. But at the SSA office I was told I was all good, under manual verification just like you and that I could call in 4 weeks. I called then and every week after. My I94 expired on Nov 22nd and I still called knowing there was no way in hell I would get it it but they STILL told me they were still processing it. I called well into December with their same response.

Guess what I got TODAY in the mail? A letter from SSA stating they could not issue my SSN in my married name. 4 months later.

Bast@rds!  I hope it all works out for you.

 

 

Thanks for the info. First thing is call the CBP I have until the week of 5/19 roughly to get the I 94 fixed (her entry was 2/23) but I know I need to do this next week because yeah I don’t trust the social security office. 

 

Also thank you I was not aware I needed three I94 forms that reflects the K1 entry for the I 485, 765 and 131.

Edited March 31, 2019 by LarryHickman

[pamawemo 78]

6 hours ago, K1visaHopeful said:

Just keep up with SSA. Most times they say everything is good to go but it's not.

 

Ie. I applied for my married name SSN on Oct 30th after I already got my maiden name card. I knew wouldn't get it because they cant issue SSNs in married names. But at the SSA office I was told I was all good, under manual verification just like you and that I could call in 4 weeks. I called then and every week after. My I94 expired on Nov 22nd and I still called knowing there was no way in hell I would get it it but they STILL told me they were still processing it. I called well into December with their same response.

Guess what I got TODAY in the mail? A letter from SSA stating they could not issue my SSN in my married name. 4 months later.

Hi, can you explain what you mean here? My wife has applied for her SSN in her maiden name before we were married but I assume she would go back to SSA and get a new card in her married name once she has her AED. Are you saying she won't be able to get a SSN in her married name?

[K1visaHopeful 2,661]

4 hours ago, pamawemo said:

Hi, can you explain what you mean here? My wife has applied for her SSN in her maiden name before we were married but I assume she would go back to SSA and get a new card in her married name once she has her AED. Are you saying she won't be able to get a SSN in her married name?

No I'm not saying that. I'm saying that she wont be able UNTIL her EAD or GC is approved (which ever comes first). I forgot a line, shoot me. I explain this daily, lol.

SSAs policy is to only issue SSNs in the name that DHS (ie USCIS) has on file for you. If you go and reapply in your married name they will run a check with DHS to determine that you still have legal immigration status. Your name will of course not match with what DHS has on file because you just got married and you havent even applied for AOS yet in the married name.

For USCitizens, this is not a problem as all they need is a Marriage Certificate to change their name with SSA but for immigrants they need the name on their DHS file to match their SSN application name FIRST before SSA is allowed to issue a card.

 

BUT in saying all of that, a few SSA agents are not knowledgeable and will assume that they can "override" the system for immigrants, accept just the MC and consider the MC name over the DHS name, and will issue the new married name card. They would have broke the SSA policy by doing so though. But that's why I tried to apply in my married name too when I knew I would not likely get my married name card before EAD or GC. I did it to see how really dumb they are 

[Crazy Cat 39,218]

15 hours ago, K1visaHopeful said:

1. Yes use her married name on all forms.

 

2. You did not submit the correct I94 with your SSN application. You would have had to call CBP to correct your I94 first before applying for the SSN. Do that, generate a new I94 reflecting the K1 entry, go back to SSA and apply again ensuring she applies in her maiden name as that name is what DHS has on file for her (it wont change until she gets EAD or GC). Ensure also that you reapply long before her I94 expires as they wont do nothing for you after day 76 of entry.

Her married name is her maiden name..."Her name that is on the marriage certificate is her birth name from Bolivia."

She has not yet adopted her spouse's last name.  There is no legal name change document.

 

Edited March 31, 2019 by missileman

[K1visaHopeful 2,661]

13 minutes ago, missileman said:

Her married name is her maiden name..."Her name that is on the marriage certificate is her birth name from Bolivia."

She has not yet adopted her spouse's last name.  There is no legal name change document.

 

My name on my MC is also my birth name (maiden name) but states my husband's name so I can elect to take that name as my own and apply for AOS in my married name. It is my legal name change document regardless if my husband's name is attached to mine on it. Not all states issue MCs in the bride's new married name. What's the difference?

[Crazy Cat 39,218]

8 minutes ago, K1visaHopeful said:

My name on my MC is also my birth name (maiden name) but states my husband's name so I can elect to take that name as my own and apply for AOS in my married name. It is my legal name change document regardless if my husband's name is attached to mine on it. Not all states issue MCs in the bride's new married name. What's the difference?

Maybe I am misinterpreting this:

[K1visaHopeful 2,661]

That's FL though and not necessarily Miami-Dade. Not all counties ask for what the new married name will be or include any spaces on the marriage license for maiden name and married name. If they dont, then using whatever MC your county issues is fine as long as the husband's surname is listed.

The OP did not state that they incorrectly filled out their ML thus receiving an incorrect MC so I can only presume they filled it out correctly and their county is just one that does not issue MCs in the married name or does not make mention of the bride's new married name on it.

EDIT: But if they did fill out their ML incorrectly then they have a whole completely different problem that they did not mention.

Edited March 31, 2019 by K1visaHopeful