Timeline Gaps in Employment History and Name Change Questions

[LTUSTeam 0]

Hello!

 

Myself (F, USC) and my fiance (M, LT citizen) are applying for an AOS from his H2B visa. We'll be getting married Tuesday and thought we'd get a jumpstart on the paperwork. This forum has been very helpful in collecting all of the necessary forms to fill out, and I've read the step-by-step guide but I still have some outstanding questions. Any help would be greatly appreciated!

 

1. I'm changing my last name to his but we'll probably be ready to submit our paperwork before I've had time to formally change my name with the Social Security Administration and on my passport. Should I be filing with my maiden name or my married name? Should I wait to file until I have all of my official documents (driver's license, passport, social security card, etc) reflect my married name? Just worried that this will take too long as his H2B expires in December.
2. He has some gaps in his employment history (some as long as 9 months) in the last five years. His only job has been in the US on his H2B, which is seasonal. How do we manage these date gaps in the I-130? Do we list the exact same employment information with just the dates adjusted five times or do we just extend the dates to be 2015 - present without caring about the gaps/time he wasn't in the US working?
3. I've been in graduate school for the last two years and my only employment has been internships. I assume that internships still count as employment? 
4. I've seen a lot of posts about people including 1 page letters as proof of their bona fide marriage and explaining why they are AOS from H2B to Green card. I assume that we will also need to explain our relationship. Is this a full recount of our history or just explaining why we've decided to get married now (e.g. will the explanation of COVID-19 be too exhausted/cliched at this point)?
5. Similar to that question, his H2B last year was initially rejected due to 214(B) and his ESTA prematurely revoked (it was valid from 2018 to 2020 but cancelled in 2019 at the same appointment as his H2B rejection). I assume this will not work in our favor. Do we submit another letter explaining this situation? His H2B was granted at a subsequent appointment about 3 days later with the same consular official, apparently a lot of LTs were applying for H2B visas that day and they were all rejected then later approved. 

 

Thanks in advance for any advice!

 

 

[Ayrton 965]

12 hours ago, LTUSTeam said:

Hello!

 

Myself (F, USC) and my fiance (M, LT citizen) are applying for an AOS from his H2B visa. We'll be getting married Tuesday and thought we'd get a jumpstart on the paperwork. This forum has been very helpful in collecting all of the necessary forms to fill out, and I've read the step-by-step guide but I still have some outstanding questions. Any help would be greatly appreciated!

 

1. I'm changing my last name to his but we'll probably be ready to submit our paperwork before I've had time to formally change my name with the Social Security Administration and on my passport. Should I be filing with my maiden name or my married name? Should I wait to file until I have all of my official documents (driver's license, passport, social security card, etc) reflect my married name? Just worried that this will take too long as his H2B expires in December.
2. He has some gaps in his employment history (some as long as 9 months) in the last five years. His only job has been in the US on his H2B, which is seasonal. How do we manage these date gaps in the I-130? Do we list the exact same employment information with just the dates adjusted five times or do we just extend the dates to be 2015 - present without caring about the gaps/time he wasn't in the US working?
3. I've been in graduate school for the last two years and my only employment has been internships. I assume that internships still count as employment? 
4. I've seen a lot of posts about people including 1 page letters as proof of their bona fide marriage and explaining why they are AOS from H2B to Green card. I assume that we will also need to explain our relationship. Is this a full recount of our history or just explaining why we've decided to get married now (e.g. will the explanation of COVID-19 be too exhausted/cliched at this point)?
5. Similar to that question, his H2B last year was initially rejected due to 214(B) and his ESTA prematurely revoked (it was valid from 2018 to 2020 but cancelled in 2019 at the same appointment as his H2B rejection). I assume this will not work in our favor. Do we submit another letter explaining this situation? His H2B was granted at a subsequent appointment about 3 days later with the same consular official, apparently a lot of LTs were applying for H2B visas that day and they were all rejected then later approved. 

 

Thanks in advance for any advice!

 

 

1. Your name change document is the marriage certificate. Your new name becomes legal the moment you marry him. Updating IDs is not necessary before filling out the forms.

Edited August 22, 2020 by Ayrton