jenni and sami

So when we got married my wife and I decided that I would take her last name as my middle name.

But when we tried to do this a while back, the Social Security folks told me that I needed to talk to immigration, and the immigration folks told me I'd need a court order, and should submit when I submit my I-751.

The time has come to submit the I-751, but I'm just a little nervous about changing my name when we are travelling to Europe in June. I have no idea how long it will take to change my name on a UK passport - and I'd hate to be travelling with different documents that have different names.

The change of name will be subtle - Sami Robert Butler Grover, instead of Sami Robert Grover - but I have no idea how ####### immigration can be and whether I might end up having trouble getting back in.

Any advice?

Firstly - apologies if this is in the wrong forum. I haven't been around for a while (too busy enjoying my married life, and biting my nails as election day draws near - man it sucks not being able to vote).

When my wife and I got married (back in December 06 officially, with a wedding/celebration in May 07), she took my name. I was enormously flattered, and touched, by this gesture - it's not something I've ever expected my wife to do, nor something I would have been offended if she hadn't. While we didn't want to hyphenate, I did also want to make a similar gesture in return. So I suggested I take her last name as an additional middle name. However, having made that offer - I've since done nothing about it, which makes me feel more than a little guilty. I'm now getting my butt in gear, but had the following questions for anyone who has done something similar:

a - Has anyone had difficulties with USCIS - changing their name through SSN etc, and then USCIS somehow not accepting the name change or getting the records mixed up? I'm just nervous about messing things up as I await lifting of conditions etc.

b - How should I handle changing my name back in the UK? Is it likely to be an issue if I change my name first here, but my name doesn't match with records in the UK? I am presuming an additional middle name is not going to break the sytem, but wanted to see if anyone had any thoughts on how to proceed.

c - I do just write to social security first, and then change drivers licens, and then notify USCIS and all other concerned parties yes?

Any and all advice gratefully appreciated.

Cheers,

Sami

Hi Guys,

I'm in the process of applying for AOS. We have a receipt date of 6th February, then received an RFE for 2006 tax returns. Now we have received a notice that my case has been transferred to California 'in order to speed up processing'.

Does anyone know what this means in terms of AP and/or EAD, are these transferred to California too? I'm concerned because we were hoping to go on our honeymoon on the 6th June (plenty of time, we thought), and time is running short. This is the only time we will be able to travel in the next year (my wife will be starting a very intensive internship in the FAll), and my 93 year old grandmother, who was gutted not to be able to come to the wedding, is getting rapidly sicker and would love to see Jenni before she passes. We were beginning to think that we may have to take the infopass route, and set up an appointment in Charlotte to get an expedited AP, but is that even possible if our case is at CSC? Would I need to make a trip to the West Coast??!!! Any advice would be very, very gratefully appreciated.

Sami

Hi There,

We applied for AOS, EAD, and AP in January, and received an RFE on the 16th February requesting more info including 2006 taxes for my wife, and my mother-in-law (co-sponsor). It has taken some time to get my parents-in-law's taxes, and we are just about ready to return all the forms now.

I am a little concerned as we are supposed to be heading off on our honeymoon on June 6th, and I'm wandering if we should be reckoning with a 3 month wait from now on the AP, or if things are likely to get moving sooner than that once we return all forms. Any thoughts? If it is relevant, my biometrics have already been done. Also, any thoughts on whether they'd speed up the AP if I include a covering letter showing our departure date?

This is the only time that we will be able to get over this year, as my wife is in school, and my I'd really like her to see my 93 year-old grandmother before she gets much worse (she's in a nursing home and her condition is deteriorating rapidly). Any thoughts on whether this would qualify as an emergency AP?

Any advice is appreciated, as always.

Sami

Sponsor: Jenni

Co-Sponsor: Jenni's mom

This goes for both:

- ITR = 2006, 2005, 2004

- W-2 = 2006, 2005, 2004

- or Transcripts from the IRS

- Bank Statements 6 months at least

- Employment letter

- Your case: Professor or College billing should be ok for proof of being a full-time student

- Pay-stubs (3 months or 6 months)

- Birth Certificates

- Passports

- DL or State ID

The deal is, how do you best present your case to the USCIS where you will not be a public charge once they approve your AOS. Show them you have Co-sponsor, your sponsor's future earning potential (being a medical student or brain surgeon PA would have significant impact and weight even if you don't have a sole sponsor at this point). Think how you would approve a case and think what you would like to see if it were you who decide to approve or disapprove a case like yours, then collect and present the evidence in that manor. There is NO one thing which will decide your case for approval, it's the whole package, the whole thing, let them see the big picture of your relationship.

Good luck

Awesome! Thank you so much for the feedback.

Hi All,

I'm afraid we've been a little inactive on VJ for the last few months - basically been having too much fun being back together - I am sure you all understand. However, I was wandering if anyone could advise on the following frustrating predicament.

We filed for AOS, EAD and AP on 01/30/07, and got an NOA on 02/06/07. I assumed that everything was going to plan, as I had my biometrics appointment on Tuesday. However, we now received an RFE (it says request for INITIAL evidence, but I don't know if there is any difference). I'll include details of what evidence we provided for our original affidavits of support below, but first I'll summarise what's in the RFE (my comments in italics):

The sponsor or joint sponsor must provide:

Firstly, if they say sponsor or joint sponsor, how can we tell who they are talking about? We used a joint sponsor as Jenni is in full-time grad school at the moment. I guess we should just resend everything for both, right?

- W-2s, 1099s and or all schedules submitted to the IRS - a copy of his/her Federal income tax return was submitted and/or the sponsor or joint sponsor requested an extension to file his or her income tax return.

Now, is it me, or does this not make grammatical sense? I understand they want W2s, 1099s etc, but what does the second part mean?

- Federal income tax returns for the most recent tax year or certified Internal Revenue Service (IRS) copies

Does this mean 2006? We haven't yet filed for 2006 but are getting ready to do so. HOw long does it take to get transcripts once we file, or can we simply copy what we are filing, and send them that?

- Evidence of current employment or self employment

I am presuming this is for Jenni, as we already submitted a letter from her mother's employer (her mom is co-sponsor). As Jenni is in school, I presume a letter from her professor or some such would be appropriate.

- They also ask for evidence that the co-sponsor is a US citizen, US national, or lawful permanent resident.

This is fairly self evident, but I am pretty sure the original instructions never asked for this. I guess just a copy of her mom's passport, right?

That's it in terms of the rfe. If anyone can offer advice, it'd be gratefully appreciated. In case it is of any help, here is what we filed originally as supportive edivence:

For Jenni - just a 2005 income tax return (as she is not now working, and we had a co-sponsor, we didn't think they'd need anything else)

For her mom

- tax return transcripts for 2005 and 2004.

- tax return for 2003

- verification of employment letter

- copies of pay vouchers from August to December 2006

- Copies of bank statements from Feb-Dec 2006

So, any ideas on what could be missing? I really appreciate any advice.

Sami

Hi Sami,

I'm experiencing the same problems as you and your fiancee are. My 'fiance' and I got married last year, I filed for AOS, EAD and AP early this year, I don't yet have my SSN and so we can't do our tax returns. When I entered the country on the marriage visa last year, I had no idea getting a SSN within the 3 month period that the I-94 is only valid for was going to be one of the most crucial things! Now that my I-94 has expired, we are married, my AOS and relevant documents have been filed, there is just nothing I can do besides sit at home. I can't get my driver's permit to start learning driving since that requires a SSN - which of course requires the EAD, find a job since that requires an approved EAD (which I recently found out took an average of 3 months - is that true?) or file our taxes. Oh, pardon my whining.

I've read the replies that followed your thread: have you been able to get around your problem? Would getting a ITIN aka W7 help?

Anything at this point would help me. =)

Nathalie

Hi Nathalie,

Sorry to hear of your troubles. Hopefully the EAD will come through soon. It sounds, from what everyone else on this forum is saying, that you should get an ITIN so you can do taxes at least. I guess it will keep you occupied.

Look at it this way, soon you'll have jumped through all the hoops they require and will be able to get on with your life. Frustrating having to wait though, isn't it?

Cheers,

Sami

Kez,

Thanks for pointing it out - I see it now.

Yodrak

Yodrak he said they got married at the end of december.... therefore they were married by 12/31/06...

Kez

Thanks for all the advice guys. Yeah, we were legally married bon the 16th of December. Is this significant?

You need for W7 to get a ITIN... you gan get it from IRS website

No you wont be taxed twice on the money...

Have you filed form P85 back home with inland revenue to claim back the tax you paid as you are no longer resident in the UK... see inland revenue website for more info...

Kez

No - because I was self-employed, I'll be filing a tax return for the UK in April... at least I think that is how it works.

Many thanks for your insights FWAGuy

She is no longer your fiancee she is your WIFE. For tax purposes that is a huge distinction.

Good point. Oops. We are having a big wedding celebration in May, and have been considering that as our true marriage date, for personal purposes.

If you need, you get an ITIN until you get your SSN

If you want to file Joint then you will need to declare you non-US income

Even if taxes have been paid in the UK? I presume I won't get taxed twice on this?

Cheers,

Sami

Dear All,

We recently married and have just filed for AoS. I do not have an EAD yes, not an SSN, and have not worked in the US. My fiance is just in the process of filling out her taxes, and we had the following questions. Any help would be HUGELY appreciated:

a) Do we have to file jointly, or separately, given that I do not have an SSN?

B) We got married at the end of December. Will this effect Jenni being able to claim student tax credits?

c) Using Turbo Tax, it asks whether your spouse has had any gross income in the last year - we are not sure how to answer this, given that I was earning in the UK, but have had no income in the States.

d) Finally, I am guessing we would be best off talking to a professional tax advisor. Does anyone have any advice on how to find a reliable advisor who knows about immigration issues? Are the high-street big brand advisors a safe bet, or a local independent?

Once again, any help would be fabulous. I can't get my head around the US tax system at all!

Cheers,

Sami

Sami,

I can answer your second question with certainty; the visa number is the number in Red on your visa.

as for the first question, i am not sure, in my case i did not have an A# because i was here on a student visa. But basically if you have ever filed any paperwork with U.S. immigration, you could have found ur A# on whatever papers they had given you.

someone else can answer this question for you with correct information.

good luck with all

Many thanks Hanster - thank heavens for VJers.

Cheers,

Sami

Sorry - another stupid question. Which number on my K1 visa is the Visa number? There is a control number in the top right, which is 14 digits long, and starts with 2006, and then there is a number in red in the bottom right of the visa which is 8 digits long, with no label for it.

I can't understand if their forms ask for the nonimmigrant visa number, why they would not then use the same term on the actual visa - it would seem to make sense to me. Oh well...

Thanks again.

This may be a really stupid question, so apologies if so, but where do I find my A number, do I even have an A number, and what is an A number anyway?

I am in the process of filling out forms for AP, EAD and AoS and there is a space for the A number. I note on the example form for the I-131 on this site that it does have the A number filled out for a K1, which is what I am, but I can't find reference to an A number in my visa, or my I-94. If anyone can advise, I'd be very grateful.

Thanks.

Sami

You do not need a SSN to file for AOS or EAD or AP.... just put none where it asks for the SSN#...

I would be heading back to the SSA office to find out why its taking so long to get the number.... but file for your AOS now dont wait for the number...

Kez

Thanks Kez. Is that definite? I assumed because of the timelines on this site, where they say get married, get an SSN, then apply for AOS/EAD, that you need it. Great if I don't, though I wish I'd known earlier. All part of the learning curve I guess.

Thanks again.

I have just moved to the States on a K1 and got married just before Christmas. We had been advised to wait two weeks before applying for a social security number, but when I did apply exactly two weeks after arrival, I still wasn't on their computer system (that was on the 20th of December). The lady at the office advised me to go ahead and apply anyway, which I did, as we were going to be away for the next two weeks afterwards. HOwever, I'm now slightly concerned that I won't get my SSN before the three months is up to apply for Adjustment of Status, EAD etc. Should I wait for the SSN, or can I go ahead and apply for AoS, and then apply for an EAD later when I get my SSN? If SSN is necessary to apply for AoS, then what if I haven't received it in a month?

Many thanks for any advice.

Sure hope this hasn't confused you more - it's a great question, but we need someone who really knows the answer!!!!

Thanks for the concern KitKat (and the informative advice). I exist in a permanent state of confusion anyway , so I wouldn't worry too much about that.

the employer is required to provide a 1099 by the end of January for the upcoming April 15 payment. I guess they could even file with an ITTN rather than a SSN.

Since 1099s don't provide detail on the time period the work was done, technically I suppose someone who entered on a K1 could work as a contractor without having an EAD in hand and no one would be the wiser. . . .

But if they need to file the 1099 in January, but their EAD isn't likely to show up for another month or so, would this cause difficulties, or would the 1099 not need an EAD? It's all so confusing.

jenni and sami,

Independent contractors wear two hats - employer and employee. As an employee, married to a USC they are OK with the USCIS for immigration purposes. Don't know how they would stand with ICE as an employer.

Thanks Yodrak. So if there were any repercussions, they would more than likely be of the financial/tax variety, rather than the "you're on the next plane home" type of problem? Theoretically speaking, of course.

A theoretical question here, related to the "working as an illegal" thread. Say a K1 visa holder is waiting for an EAD, but can get work subcontracting, i.e. even if they had an EAD they would be filling out their own tax returns etc and would not be having taxes deducted directly from their pay. As long as they paid their taxes in April, would there be any likely repercussions from not having the EAD?

If there were any likely repercussions, would these be avoidable by simply avoiding invoicing the companies they are working for until after the EAD arrives?

Many thanks for any advice.

Visa arrived this morning!!!!

This was after a rather nervous 4 day wait, as I'd been a little rash and booked the flight for Thursday. The embassy was supposed to send a text message to warn me it was arriving, but I hadn't heard anything. It feels wonderful tro know that whilst we may have many more hoops to jump through - AoS etc - at least we can jump through them together.

Many thanks for everyone's help advice and support so far. Jenni and I will be thinking of all those still waiting, and wishing everyone a speedy and relatively painless progression through the process. Believe me, it feels worth it when it finally comes. Roll on Thursday!!!

Other detail: I paid the extra for a pre:8am delivery, and it arrived at 7.45ish. So it was not the rude awakening many others have experienced, not that I would have minded.

You file everything together and for Marriage based AOS it all goes to the Chicago lockbox address... local offices no longer issue EAD...

Kez

Many thanks Kez, and thanks Maggie too. I appreciate the guidance.

Hi All,

I see from the guides that some USCIS offices will accept an application for an EAD separate to the AOS, whilst others expect you to file the two together at the central address. Does anyone have any experience of this at Charlotte, NC? I found advice at the following address saying EADs (first time and renewal) can be filed at the charlotte address:

http://www.***removed***/directory/charlotte-sub-office.jsp

I just wanted to check a) if this was still the case, and B) if so, I presume I wait for receipt of the AOS application before sending in my EAD and AP applications to Charlotte? Any advice, aprticularly from NC people, but also from others is much appreciated.

I can't seem to find email or phone info for the Charlotte office, though I guess the national number will be able to advise.

Cheers,

Sami

I am not sure what most people will say, BUT my husband got his ss card after we were married. When we went to the ss office they asked for evidence of our marriage, so we had it and showed it, then in 1 week he had his ss card. some people may have done it before the marriage i dont know. But as far as my experience, we got married first. I believe it even stated on the marriage paperwork that all hed need is his passport with visa in order to get the marriage cert.

Many thanks!

It varies state to state whether or not you need a SSN to get married. Check with your local recorders office and they can head you in the right direction. Best of luck!

Thank you!

Hi All,

I've been approved and should have the visa in the next few days , and hope to fly out on Thursday. Looking at the next steps, it would appear I need an SSN before I can apply for my AOS and EAD, right? Do I also need an SSN inorder to get married? The guide says request SSN, then get married, but I don't know if this is set in stone.

We had hoped to get married and file for AOS, EAD and advanced parole before the holidays, but given the two week wait for requesting an SSN, this may not be possible. Any advice would, as always, be very much appreciated.

Cheers,

Sami

We are still awaiting an interview date from the London Embassy,

Just wondered if anybody had heard anything recently ?

It may also be worth contacting your MP. I contacted mine, and they told me that there was nothing they could do, and there was no way to influence the process. They then asked a bunch of detailed questions about my case number etc, told me they'd write a letter, and then repeated the fact that there was nothing they could do. I got a letter the very next day from the embassy. Coincidence or not, I don't know, but it is worth a try. I would have thought you are about due for an appointment date.

Good luck.