AOS Name Change

[US2UK 33]

Hi all,

 

Hope everyone is staying safe and well.

 

I married my USC spouse last Saturday from a K1 visa and am in the process of completing the AOS forms. 

I have a few questions about the fact that I have now taken his last name:

1. I assume I should now use his last name in all the fields where it asks my name, and if it has a section for other / previous names, then I list my maiden name. Is this correct?

2. What do I do about my passport and travel authorisation? Given that the passport will take a few weeks to be returned with the new name, I'd rather get my AOS application in and then apply for a new passport with my new last name. Is that ok? Or is travel authorisation linked to the passport? If so, what the best way to handle this.

 

Thanks!

[geowrian 22,336]

1) Yes

 

2) There is no requirement to update the passport name. That's a personal task.

The drawback of not having it match your current name is that you will need to carry evidence of the name change (a copy of the marriage certificate here) to link the names, such as with airline tickets.

 

Edit: Not sure what you mean by "travel authorization" here.

Edited April 20, 2020 by geowrian

[US2UK 33]

Just now, geowrian said:

1) Yes

 

2) There is no requirement to update the passport name. That's a personal task.

The drawback of not having it match your current name is that you will need to carry evidence of the name change (a copy of the marriage certificate here) to link the names, such as with airline tickets.

Thanks for the speedy response!

 

How is the travel authorisation issued - is it a card that you get? Or is it just logged in their systems and you never get anything physical?

[S*UK 543]

10 minutes ago, US2UK said:

Thanks for the speedy response!

 

How is the travel authorisation issued - is it a card that you get? Or is it just logged in their systems and you never get anything physical?

Travel auth is a separate card that will allow you to re-enter the country. You will carry it with your passport as well as marriage certificate to explain the disconnect with the names.

[geowrian 22,336]

9 minutes ago, US2UK said:

Thanks for the speedy response!

 

How is the travel authorisation issued - is it a card that you get? Or is it just logged in their systems and you never get anything physical?

I'm not sure what you mean by travel authorization. Do you mean Advance Parole (I-131)?

If so, that is either combined with the work authorization (EAD), which is a physical card, OR it is a paper document.

 

In either case, the name on it will match the name that you filed the forms under. If this does not match your passport name, you would need to carry evidence of the name change linking your passport name to the name on the card or paper (like the marriage certificate).

[US2UK 33]

Yes I did mean advance parole. Thanks so much both, super helpful!

[S*UK 543]

6 minutes ago, US2UK said:

Yes I did mean advance parole. Thanks so much both, super helpful!

And just FYI, its possible you will get your GC before your EAD and AP. I did. So my travel authorization card sat in our lock box and I just used my GC for everything. If your passport isn't updated by that point just make sure you carry the marriage certificate with your GC also.

[Wuozopo 4,285]

2 hours ago, US2UK said:

2. What do I do about my passport and travel authorisation? Given that the passport will take a few weeks to be returned with the new name, I'd rather get my AOS application in and then apply for a new passport with my new last name. Is that ok? Or is travel authorisation linked to the passport? If so, what the best way to handle this.

You apply for travel authorization (called AP for Advance Parole) when you send in your AOS. You also use your new surname on that application. When you apply for AOS, you get two more applications (AP and EAD) free. It’s 3 separate applications, each with their own evidence, but they all get mailed in one envelope to USCIS.

 

Wasn’t sure if you understood that based on how you asked the question. 
 

Right now your passport is photo ID for you so not a great time to send it off to the UK. The UKPO is taking longer than usual to process applications. As stated, you can travel on your current passport, not that you will be going anywhere internationally for a while.

[US2UK 33]

1 hour ago, Wuozopo said:

You apply for travel authorization (called AP for Advance Parole) when you send in your AOS. You also use your new surname on that application. When you apply for AOS, you get two more applications (AP and EAD) free. It’s 3 separate applications, each with their own evidence, but they all get mailed in one envelope to USCIS.

 

Wasn’t sure if you understood that based on how you asked the question. 
 

Right now your passport is photo ID for you so not a great time to send it off to the UK. The UKPO is taking longer than usual to process applications. As stated, you can travel on your current passport, not that you will be going anywhere internationally for a while.

Yes I am aware you apply for all 3 in the same package. It does bring me nicely onto my next question though.. do I treat them as three different applications but mail them in one envelope. I.e. should I do a contents page for each, marriage certificate copy for each etc. So each section is a complete application in itself?

 

[yoda one for me 321]

27 minutes ago, US2UK said:

Yes I am aware you apply for all 3 in the same package. It does bring me nicely onto my next question though.. do I treat them as three different applications but mail them in one envelope. I.e. should I do a contents page for each, marriage certificate copy for each etc. So each section is a complete application in itself?

 

Yes. Each application needs its own set of evidence, treat it as three applications in the same package. They will be split up once they arrive and are processed by USCIS.

[Wuozopo 4,285]

34 minutes ago, US2UK said:

Yes I am aware you apply for all 3 in the same package. It does bring me nicely onto my next question though.. do I treat them as three different applications but mail them in one envelope. I.e. should I do a contents page for each, marriage certificate copy for each etc. So each section is a complete application in itself?

 

Yes treat as three separate applications but only one check and one G-1145 to notify you the envelope arrived. I don’t think tables of contents add any value, so suit yourself on that.  

Do read the form instructions for I485, I-131, and I-765 independently as you prepare because some things are asked for in all three, such as 2 photos, copy of passport as photo ID, etc. The I-485 application definitely requires much more documentation with some extra forms to fill out like the affidavit of support I-864. Note, that I-864  isn’t a fourth application, but is something you put with your AOS I-485 application. 
 

And everything you fill out is using your new name. This is like starting over. K1 Visa days are over.

Edited April 20, 2020 by Wuozopo

[Mollie09 1,543]

3 hours ago, S*UK said:

And just FYI, its possible you will get your GC before your EAD and AP. I did. So my travel authorization card sat in our lock box and I just used my GC for everything. If your passport isn't updated by that point just make sure you carry the marriage certificate with your GC also.

Just to clarify, the moment you get your GC the EAD/AP card is useless. I took mine to the interview and they asked for it back.

[US2UK 33]

Perfect thanks so much!

24 minutes ago, yoda one for me said:

Yes. Each application needs its own set of evidence, treat it as three applications in the same package. They will be split up once they arrive and are processed by USCIS.

 

23 minutes ago, Wuozopo said:

Yes treat as three separate applications but only one check and one G-1145 to notify you the envelope arrived. I don’t think tables of contents add any value, so suit yourself on that.  

Do read the form instructions for I485, I-131, and I-765 independently as you prepare because some things are asked for in all three, such as 2 photos, copy of passport as photo ID, etc. The I-485 application definitely requires much more documentation with some extra forms to fill out like the affidavit of support I-864. Note, that I-864  isn’t a fourth application, but is something you put with your AOS I-485 application. 
 

And everything you fill out is using your new name. This is like starting over. K1 Visa days are over.

There's so much to do! Especially with the new i-944 too, I hadn't prepared all the documents for that as it's a new requirement.

 

Slightly off topic (but still relating to i-485) so let me know whether I should start a new topic on this. I was arrested once due to a false allegation of assault from my roommate. The police reviewed various evidence (a video my roommate had recorded of the argument without my knowledge or consent, spoke to our other 2 roommates who were there the whole time and also stated that I hadn't assaulted her at all, and also the roommate had 0 injuries).

 

The police cancelled the arrest due to no evidence (I was never taken into police station or put in handcuffs etc). This doesn't even show on my ACRO or Subject Access Request. Of course, I will tick the box on form i-485 where it asks: "have you ever been arrested etc for any reason" and include details on the above. But what about the following question Q29: "Have you ever been a defendant or the accused in a criminal proceeding (including pre-trial diversion, deferred prosecution, deferred adjudication, or any withheld adjudication)?" ... according to the above info I have given, does this also apply?

[HRQX 4,145]

1 hour ago, US2UK said:

I.e. should I do a contents page for each, marriage certificate copy for each etc.

An example of the optional cover letters: https://www.visajourney.com/forums/topic/719721-aos-packet-question/page/3/?tab=comments#comment-9880776 But do include I-944 with I-485. The I-485 cover letter example in that link was before I-944 was required.

 

Also, do you already have a SSN? If not, look up the phone number for your local SSA office and ask how they are accepting SS-5 applications during the office closure. SSA follows their POMS so you're eligible for a restricted SSN card if you're within the 76 days that you entered with the K-1:

SSA POMS RM 10211.530 says "Legal alien allowed to work" in the K-1 row: https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530

Edited April 20, 2020 by HRQX

[US2UK 33]

20 minutes ago, HRQX said:

An example of the optional cover letters: https://www.visajourney.com/forums/topic/719721-aos-packet-question/page/3/?tab=comments#comment-9880776 But do include I-944 with I-485. The I-485 cover letter example in that link was before I-944 was required.

 

Also, do you already have a SSN? If not, look up the phone number for your local SSA office and ask how they are accepting SS-5 applications during the office closure. SSA follows their POMS so you're eligible for a restricted SSN card if you're within the 76 days that you entered with the K-1:

SSA POMS RM 10211.530 says "Legal alien allowed to work" in the K-1 row: https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530

Thanks the contents pages are super helpful! I had created a checklist of documents myself and good to see they match. Do I need to also include evidence of the marriage being legit? Pictures, bank accounts etc. Similar to how I did for I-129F. My worry is we got married in a rush before courthouses closed due to corona so only have a few pics as we had no guests. We don’t have a joint account yet but are planning to set one up next week 🙂