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About limboptimistic

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  • Member # 183463

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    K-1 Visa
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    Texas Service Center
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    Dallas TX
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  1. Hello, We submitted the I-485 along with I-131 and I-765 for processing about 3 months after we were married, and just received an RFE stating: "There is a discrepancy between Service Records and the application as to your last name. Service Records indicates your last name as WIFE'S MAIDEN NAME. Your I-485, I-131 and I-765 has your last name as HUSBAND'S SURNAME. Please explain and provide supporting documentation". My wife changed her surname to my name and was issued a Social Security Card with my surname. Her name on our apartment lease also shows my surname. Contrary to popular belief, there is no legal name change process that must occur if a spouse wants to change his/her name upon marriage, unless one is taking on a totally different name. But USCIS is now flagging our application because their "Service Records", i.e., I-94, her passport, etc, are showing her maiden name. As you know, it's more complicated to change a passport, and the I-94 is going to reflect her legal name before we married. The only documents USCIS has showing her intent to use my surname is a copy of the Social Security card and a copy of the lease where we live. I called an Immigration Officer and was informed that submitting a new I-131 to replace one that had erroneous information would accrue a whole new processing fee, in this case $500. We refuse to go that direction since we already paid the fees and consider this a failure by USCIS to recognize or acknowledge my wife's right to use my surname. What additional supporting documentation would be suitable to satisfy USCIS? I was thinking the best option is to get a state-ID and opening a bank account with her new name. Any other ideas or what other options do you guys suggest? We're really desperate to get the I-131 (Advanced Parole), as we have a volatile situation in her country. Thank you. Regards