AOS questions (merged topics)

[Marion Defoyer 13]

Hi there,

 

I am getting married soon on a J1 visa and will file an AOS. When i get married I will take my husband’s family name, and I would also like to change my first name. But my question is: when is the “best” time to change my first name in a AOS process? I’m concerned that changing my first and last name at the same time as I get married make my AOS more complicated. Should I wait until i get my green card to change my first name?

 

Thanks for your help!

[aaron2020 11,651]

To change your first name, you will need to file a name change with your local state court.  Check the residency requirements and  how long this will take with your local court.

If you file for AOS with your current name, then that is how you will get your green card.

To change your name on your green card, you would need to file the I-90 and pay about $500.   You would also need to send in your green card.  This could take a year to get your new green card.  

You may want to get the court order name change before you file for AOS.

[payxibka 10,044]

22 minutes ago, Marion Defoyer said:

Hi there,

 

I am getting married soon on a J1 visa and will file an AOS. When i get married I will take my husband’s family name, and I would also like to change my first name. But my question is: when is the “best” time to change my first name in a AOS process? I’m concerned that changing my first and last name at the same time as I get married make my AOS more complicated. Should I wait until i get my green card to change my first name?

 

Thanks for your help!

The best time to change your names is whenever you have completed the name change requirements in your state.

 

My wife did it immediately because Mn allows any or all names to be changed upon marriage 

Edited February 26, 2021 by payxibka

[pigrew 32]

You should change name either with a marriage license, or upon naturalization (citizenship). Generally, it's cost-free and easy to change your name as part of marriage. Changing during marriage might create some confusion at USCIS (since your visa and I-485 will have different names), but you will be able to work through it. I'd suggest NOT changing it while you have any pending applications. At a naturalization oath ceremony, you can also change your name cost-free without any issues, but that would be at least three years from now.

Edited February 26, 2021 by pigrew

[payxibka 10,044]

1 minute ago, pigrew said:

You should change name either with a marriage license, or upon naturalization (citizenship). Generally, it's cost-free and easy to change your name as part of marriage. It might make create some confusion at USCIS, but you will be able to work through it. I'd suggest NOT changing it while you have any pending applications. At a naturalization oath ceremony, you can also change your name cost-free without any issues, but that would be at least three years from now.

OP wants to change the first name and unfortunately not every state allows first name change upon marriage.   That's why it is important to understand the individual state laws.

[Marion Defoyer 13]

Hey,

 

So, I'm currently on a J1 VISA and I am getting married and moving with my future husband in a month. We are now working on paperwork, filling all the forms etc. I have found all of the forms here on VISAJOURNEY. But my question is: when should we actually create an account on the USCIS website? We wanted to do it now but is it too soon since we're not married yet? 

 

Thanks

[payxibka 10,044]

4 hours ago, Marion Defoyer said:

Hey,

 

So, I'm currently on a J1 VISA and I am getting married and moving with my future husband in a month. We are now working on paperwork, filling all the forms etc. I have found all of the forms here on VISAJOURNEY. But my question is: when should we actually create an account on the USCIS website? We wanted to do it now but is it too soon since we're not married yet? 

 

Thanks

You can do it whenever you want.  Make sure you get the forms directly from the USCIS website and NOT from a third party site

[Marion Defoyer 13]

Hey,

 

We are currently in an AOS with my hubby and we’re looking for lawyer and we found a great one in another state! Does that matter since all the consultations etc are on zoom?

 

Thanks 

[TBoneTX 43,058]

If the hiring is for immigration paperwork or issues, the state doesn't matter, because immigration is Federal law.

 

If the hiring is (for example) to draft estate documents (Wills, powers of attorney, etc.), it's important to hire a lawyer in your own state, because laws differ between states.

[Marion Defoyer 13]

5 minutes ago, TBoneTX said:

If the hiring is for immigration paperwork or issues, the state doesn't matter, because immigration is Federal law.

 

If the hiring is (for example) to draft estate documents (Wills, powers of attorney, etc.), it's important to hire a lawyer in your own state, because laws differ between states.

thanks for your answer! yeah it should be fine then, it’s just for an AOS

Edited March 5, 2021 by Marion Defoyer

[Timona 3,941]

If you have no heavy past, then hiring a lawyer is pointless. There are a guides on this forums for DIY..That's what VJ is for. 

 

Save your attorney $$ and use it to pay USCIS fees.

 

 

[RamonGomez 259]

The biggest benefit IMO of hiring an attorney for the I-485 is that they will attend the AOS interview with you, take notes and essentially serve as an eyewitness in case their is some issue, advocate for you, etc. Not sure how that works with an out-of-state attorney. 

Edited March 6, 2021 by RamonGomez

[Marion Defoyer 13]

Hey,

 

quick question, i’m getting married in 2 weeks and then i’m planning to travel with my hubby. Is that ok if i book the flights with my old name? (on my ID it’s my old name)

 

THANKS!

[Sarah_k92 112]

14 minutes ago, Marion Defoyer said:

Hey,

 

quick question, i’m getting married in 2 weeks and then i’m planning to travel with my hubby. Is that ok if i book the flights with my old name? (on my ID it’s my old name)

 

THANKS!

Yes- it is fine. I have travelled with my maiden name on my passport. As long as your flight tickets match your passport name it’s okay. I have had no issues with my GC applications and no questions as to why they don’t match. I am going to change my passport name as soon as my ROC is over. I should have changed it sooner but Covid (huge delays in my home country). It will be absolutely fine for you to travel. 

[INF 96]

On 3/6/2021 at 3:22 PM, RamonGomez said:

The biggest benefit IMO of hiring an attorney for the I-485 is that they will attend the AOS interview with you, take notes and essentially serve as an eyewitness in case their is some issue, advocate for you, etc. Not sure how that works with an out-of-state attorney. 

Sometimes those things are extra!