greentrees

that's one way to handle that .

another would be - at an immigration control point, show greencard, passport and a marriage certificate showing the combined names on her.

My wife entered the country in November with the greencard. But I think the passport name is entered in the Customs and Border Protection database. If so, it will not match her greencard name (which is the name she uses for credit cards, banking, etc).

Can CBP enter the greencard name in their database? Or do they have to use the passport name?

My wife received her green card. It has an american first name. Should she change her passport to match the green card name (with the american first name)? There were concerns with traveling and it seems to be easier just to change the passport name to make everything consistent.

How do I update a social security name to match a green card? Social Security says the green card name does not match what is in their system and thus cannot issue a card.

I read that my wife might be able to go to a CBP location (like an international airport) and get the information corrected. Is that correct?

My wife received her green card. She already had a social security card since she was 10. She went to the Social Security office to change her status (since she now has a green card). She showed her green card to the Social Security person and she said the names do not match. She said my wife would have to go to court and have her name changed.

The green card has the name formatted as name1 name2 last name.

name1 is her US first name

name2 is her foreign first name

This is the same as the US format of first name, middle name, last name.

Her social security card is formatted as name2 name1 last name

Is there an easier way to correct this, rather than going to court?

is the foreign spouses income included on the I-864? if yes, then prepare a new I-864 with a new employment letter showing the salary/current annual income.

if no, then you not have to do anything.

My spouse's salary was not included on the I-864. My income is more than adequate.

The USCIS did receive an update through her new employer filling out the necessary forms and fees to transfer the H1B from her old company, to the new company. I wasn't if sure that would be adequate notification or there was a special notification for the I-485 form.

I didn't want the interviewer to be upset that we didn't fill out a specific form.

I concurrently submitted the I-130 and I-485 several months ago.

An interview has been set up for the last week of July. I am a US citizen. My spouse is on an H1B. She changed jobs two weeks ago and is still on an H1B. How do I update USCIS of the change? Does this affect the interview timeframe?

Go to USCIS's website and make an account. You can now add the receipt numbers to your account and choose the option to receive text and email. Note that you will not receive text or email for biometric appointment.

I went to the USCIS and signed up. I included all the receipt numbers and it showed the status. I can see the I-485 information but not sure if I will receive any email updates, since my spouse received the letter for the I-485. Does my spouse need to create an account on the USCIS in order to receive updates on the I-485 or will I be able to receive the updates?

I submitted the I-130 and I-485 concurrently. I received an email and letter that the I-130 was received. My spouse received an email and letter that the I-485 was received. My spouse received a letter for a biometric appointment. But neither of us received an email about that. How do either of us receive email updates so we know to expect a letter or an update of status?

AP serves as a travel permit only when AOS is pending. Once the 485 is approved, you will receive Green card and will become an LPR. EAD and AP then become invalid and you use your Green card to work/travel.

It depends on whether she exercises any rights under the EAD and AP. If she continued to work solely by virtue of the H-1B then she could come and go just on the H-1B even after filing the I-485 and even (theoretically) if the I-485 was denied, provided she remained in compliance with the terms of her H-1B.

If, on the other hand, she changed employer and showed them her EAD that she obtained based on the I-485, then she would have exercised a benefit under her pending I-485 application, and so now would no longer be in H-1B status and would instead be a pending adjustment applicant. The same thing would happen if she entered on her AP instead of her H-1B; she would now no longer be H-1B but a pending adjustee.

My finacee will work at the same employer until the I-485 is approved. And will not travel unless there is an emergency, using the H1-B. When the I-485 is approved, does her H1-B automatically get canceled? And thus will need an Advance Parole to travel. I was wondering if I even need to submit the form for an advance Parole.

You are mistaken.

H-1B, V, L, and some other visas are dual intent, meaning the alien can leave and re-enter on their visa without issue even after filing for adjustment. OP stated that their spouse is adjusting from H-1B.

I read that too. That if my spouse leaves the country, she can re-enter on the H1-B. She can enter on the AP, but if the I-485 is denied, she would have to leave the country. I will submit the form for the AP since when the I-485 is accepted, I believe she will need the AP to travel at that time.

You are adjusting the status of your spouse from non-immigrant to immigrant. As a pending immigrant, she cannot re-enter the US using any form of non-immigrant visa. If she leaves the US without the AP or GC the I-485 application will be considered abandoned. If the CBP does use the H1-B to grant her re-entry and then she tries to file for AOS, that would be considered immigration fraud. So the only legal way for her to remain in the US is for you to file for a spousal visa and she waits outside the US. The CBP will most likely write "CWOP" (Canceled without prejudice) on the H1-B visa. They did that to my wife's K-1 visa even though she had a GC and the K-1 had already been used and was long ago expired.

You should also file for the EAD, as her status is changing from H1-B to LPR to avoid any confusion about her authorization to work while the I-485 is pending. Both AP and EAD are free when filing the I-485.

Dave

Ok. I will include the forms for the AP and EAD.

You can use your address, and if that's going to be your permanent address, I would suggest that you do use it. Keep in mind that USCIS wants to see proof of a bonafide relationship and a married couple living apart could work against that evidence. The faster you two are under the same roof, the better. If you are separated because of work or some other legitimate reason, then make sure you keep documentation showing that. Sometimes if USCIS has doubts about the legitimacy of your marriage, they could do a home visit. If you say you are living together and she is not there, that could be a problem.

Good Luck!

We are living apart due to work. If i use my address, is it assumed that is where my spouse is living? Or just the mailing address.

I am filing the I-485 for my non-immigrant spouse. She already has an H1-B and is working in the US. Does she need to submit the I-131 for an advance parole or re-entry permit if she will travel while the I-485 is pending.

I will be filing the I-130 along with the I-485 and all the supporting documents for my non-immigrant spouse. She currently lives in another city but we will live together later this year.

For the address on the forms, can I use the mailing address of my house? Or do I have to use the address where she is currently living, which is a rental. It would be easier to use my address since the mailbox is more secure and we would not have to update any address information in the future. I didn't notice that the I-485 form had a separate mailing address and living address.

The "problem" could become a solution, no?

If what you guys are saying is right, then it makes more sense for her to keep her job, and the whole thing becomes the reason for the two to be apart (on the mean time).

If one should move, it makes more sense if you do, as you don't have restrictions of whom to work for.

If you getting another job seems like a bad idea, you could argue that out if brought up.

I guess showing effort from either party to move in together (showing that you are currently trying to get another job so you can move in together) could work.

Then again, it be more responsible to work things out before marriage than after. Getting married without living together could be categorized as rushed, and a red flag, but having a reason for it could wipe that away. One should also take into account that the couple are in love, and nothing should be an obstacle.

Finding another job can take days or month, one shouldn't wait around for fear of immigration.

Fearing immigration in itself is a red flag.

The cost of housing where my fiancée lives is almost 3 times more than where I live, so not really affordable to live. We want to start a family and the schooling is much better where I live.

I noticed when submitting the I-485 that a copy of my fiancée birth certificate is needed. It says an English translation is needed. I assume her father can translate the document. But I noticed that the instructions said that the translated certificate has to look like the original (with the emblem and everything). Does that mean I have to copy the image of the birth certificate and white out the foreign words and have her father write in the translation?

Yes, my fiancée has an H1-B that is tied to the employer. I read if she files the I-765 that she loses the H1-B and becomes dependent on the I-765 being approved.

It will be a lot more difficult to prove a bonafide marriage to USCIS if the two of you are living in separate cities. It's not impossible, but could be difficult. You might want to wait until you are living together and married before filing. If you decide to go ahead while still living apart, make sure you gather any and all evidence that you have a genuine relationship and are not just in it for the greencard. Wedding pics and cards from family members will help and anything that shows you co-mingling your lives such as joint bank accounts, credit cards and health insurance if possible.

Follow this guide and good luck. http://www.visajourney.com/content/i130guide2

Thanks for the link. I noticed two optional items.

My fiancée already has a work visa, so is there a need to submit the I-765? Not sure if the work visa is suspended while submitting the I-485.

15. I-131, Application for Travel Document, if you need to travel outside the United States while your application is processed (optional)

We are living apart because of our jobs. They are both professional jobs. She is applying to jobs in the city I live in but might take some time to move. We have a joint bank account and credit account. We could open a joint investment account with schwab.

I am a US Citizen and will marry someone with a Work Visa next month. I believe we can file the I-130 and I-485 forms together. I live in one city and she lives in another city. With both have nice jobs. She will move to the city I live in after finding a job in the area, but until then we will live apart. Are there any issues or paperwork that I should be aware of other than the normal forms needed for the I-130 and I-485.