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DeletedByMod

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  1. Has anyone had problems visiting the U.S. on their tourist visa (B1/B2) while their I-130 petition is being processed, and/or while waiting for a priority date?

    Has anyone not had problems?

    My stepson has a 10-year B1/B2 visa, and has visited five times (once or twice a year). I've now filed an I-130 petition prior to his 21st birthday.

    I'd like to continue to bring him up 1-2 times a year on his college breaks (July/Dec).

  2. What happens if a green card holder marries an F-1 student in the United States?

    Will the F-1 student lose or risk their visa upon marriage?

    Will the F-1 student lose or risk their visa upon an I-130 petition (F2A: Spouse of Permanent Resident)?

    I understand the foreign spouse becomes ineligible for any new non-immigrant visa while the I-130 petition is active?

    F2A is processing up to Sept 2013 currently, but I read it is expected to "retrogress" (meaning they move it backwards?) So it's unclear whether the interview will come up before the F-1 student has completed school.

    If the date did come up while the student was in the United States, the student would need to leave the United States in order to interview at a foreign consulate??

  3. My children have two last names (as in, 1st last name, 2nd last name, not hyphenated), as is custom in Latin America.

    I would like their U.S. documents to use just my family name (1st last name).

    For I-130 (Immigration Peition) and I-485 (Adjustment of Status) jointly filed, should I put just the 1st last name in every last name field, and list their full name only under previous names used?

    I've been trying to find this USCIS appendix without success:

    "(b) Construction of Foreign Names. Construction of foreign names varies from

    culture to culture. Appendices 51-2, Construction of Arabic Names; 51-3,
    Construction of Hispanic Names; 51-4, Family Registry; and, 51-5, Notorial
    Certificates, provide addition guidance and examples for clarification. "
  4. Thank you so much for all the feedback. My wife wishes to use her married name, so that is what we will use.

    I did find this at the USCIS website.

    http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2005/namingcnv091305.pdf

    A married woman may choose a legal married name (husband’s surname), a

    legal pre-marriage name (retention of maiden name), or any form of either (e.g.,
    hyphenated name, maiden name and husband’s surname) on Form I-551 and
    corresponding Form I-90 (Application to Replace Permanent Resident Card.)
    Legal documentation, such as that listed below, must be provided to support the
    choice.
    Civil Marriage Certificate
    Divorce Decree
    Family Registry
    Country Identity Document
    Foreign Birth Certificate
    Certificate of Naming
    Court Order
    See Foreign Affairs Manual for Country Specific Guidelines
  5. May (should) I use my wife's married name on Form I-130 and Form I-485 (and list her maiden name under previous names used)? (Our marriage certificate is included in documents of course)

    My wife's foreign passport and all foreign documents use her maiden name.

    Form I-693 (Medical) shows her maiden name (as it requests name as it appears on passport).

    The only documents displaying her married name are her domestic (WA state) driver's license and our domestic bank accounts.

  6. Doing an I-130 + I-485 joint filing for stepson (unmarried under 18) of U.S. citizen parent, in the U.S., I-693 already completed.

    I don't see anywhere in the instructions that it asks for a copy of the child's foreign passport (only birth certificate).

    So is it a problem if said passport has now expired? Where in the process will that come up?

    (Unfortunately it will take several months to renew the passport through the local consulate).

  7. My children have citizenship in a Latin American country where every person has a first and second last name, (e.g. Maria Smith Lopez). The first last name is the first last name of their father, and the second last name is the first last name of their mother.

    However, when they get their U.S. residency & citizenship, I would wish them to have only a single last name (mine).

    Do I put their last name as: SMITH (I-130 Line C1 - Name (Family name in Caps))

    And then put: MARIA SMITH LOPEZ (I-130 Line C7 - Other Names Used (including maiden name))

    -OR-

    Do I need to put SMITH LOPEZ (I-130 Line C1 - Name (Family name in Caps))

    If I do the latter, at what point in the process (if any) will I have the ability to drop their second last name?

    --------------------------

    I have the same question regarding my wife, with one additional complication: in her country of citizenship, married women do not take their husband's last name.

    So in addition to dropping my wife's second last name, where in the process (if any) can I have her first last name changed to match mine and our childrens'?

  8. Q: If you *choose* to file I-130s separately, the answer to I-130 field D1:

    "If separate petitions are also being submitted for other relatives, give names of each and relationship."

    Should the names be included here

    * only if filed together

    * also if filed separately at the same time

    * also if filed separately at any time in the past if still in progress

    (D2 asks for names filing dates and results)

    * also if filed separately at any time (including near future).

    I'm considering staggering the applications a month or so each to spread out the fees, and perhaps learn from the previous experiences.

    I don't want to answer this wrong and have them wait for the other applications to come in.

    -----------------

    Q: I-130 B8 asks "Date and Place of Present Marriage (petitioner)"

    However, it does not ask my wife's name there or anywhere else?! (Marriage certificate will be accompanying)

    Should I put my wife's name there also (for stepchild's petition)

    (It asks below for names of *Prior* husbands/wives only)

    ------------------

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