bmore56

Yea, after looking into it further it seams her I-94 is split between her old expired passport and new valid passport. Like they scanned the expired one or something. Very odd. Anyway, at this point I am going to get a Lawyer because I haven't been able to find clear answers on filling the I-130 and I-485 simultaneously. Just add straitening out the I-94 issue to the rest.

So my wife's I-94 is incorrect. It hasn't registered her most recent entry into the US in November '16. Rather, it has only her previous entry (September '16,) So of course it now says her Visa Expires tomorrow 3/8 instead of 5/22. I called the CBP and they said to come down to the office. 

We have her Visa Stamp and plane ticket or re-entry (from November '16) and I want to go tomorrow. But I am worried that they will try to deport or issue her as overstayed when that just isnt the case. The error is in their system. Can anyone provide information on this please?

Right, of course.

        But what about parts of the I-485 that requires info from an approved I-130?

For example I see on the checklist for the I-485 that the Medical Document (I-693) Is needed. Don't we get notification to do that only after the I-130 is approved?

So my now wife arrived on a Tourist Visa.

As I am compiling all the information I was curious as to the Pro's and Con's of Filling the i-130 with or separate from the I-485.

I would like to get her Immigration number as soon as possible and therefore would like to submit the I-130 asap. 

Does anyone have any experience in doing them together vs separate and what the consequences would be? 

Thanks for all the Help!

Just called BoA and they do indeed. Now to push back on the Utilities!

So I am trying to add my now wife to things like utilities, Bank Accounts etc....

They all are requiring social security numbers which we wont have until we file the various docs (EAD/I-130/I-1485.)

I am seeing that banks such as Bank of America only require an ITIN number, and my Credit Card company said they just need documentation of who she is. ITIN number may be enough with her Passport of course.

Has anyone had any experience with adding their spouse to things like this without a SSN?

So apparently in the State of Maryland they would not Change her name on the Marriage Certificate. The gentlemen informed me that this would be done when going to the SSA to get her SS card, then again at the MVA when we get her a license. All of which cannot be done until we receive the EAD.

Thanks Cadence! I will leave them blank.

Just now, Cadence said:

The I-485 means nothing unless there is an immigrant petition (such as I-130 for a family member) establishing eligibility to receive a green card. It's like saying, why is she applying to be a green card holder when she hasn't established proof of why she's eligible to do so? What makes her eligible is the I-130 proving her relationship to you as a married couple. That's why you need to either send the I-130 first, or file them together as most people do. 

So in other situations (k-1) they already have the alien registration number before they send the i-130?

Just now, Ben&Zian said:

Concurrently.

So... Just leave her SSN and Alien registration number blank?

So I noticed the I-130 has an area to enter your SSN and Alien registration number.

My wife entered on a Tourist Visa and we are now completing the documents. Should we file the I-485 (to get the Alien Registration Number) and EAD (which is needed to get the SSN) FIRST, then fill out the I-130?

I thought we could send them both together, but it looks like we need the NOA number to complete the I-130,

Can anyone offer some insight? Thanks

1 minute ago, Georgia16 said:

Yes. You can also do it before. We did it before and then went back and changed name after marriage

 

Upon further reading on the forums here it looks like we need to wait until she gets the EAD approval before we can apply for her SS card. Is this correct?

My fiance had entered on a tourist visa and we will be getting married next month.

At what point can we apply for a SSC for her?

What documentation is necessary given she entered and married on the Tourist Visa? 

6 minutes ago, A'n'L said:

They will tell her what to do (depends on state). But basically, the marriage certificate is her legal proof of name change. She should fill in the i130 and i485 with her new, married name. She should also list her maiden name under "other names used".

Thank you so much for the valuable information!

7 minutes ago, Georgia16 said:

Our marriage certificate show my old last name BUT it also allow me to take me husbands name so I did that.

 

Make sure ALL forms after marriage is in new name. 

 

MC can be used to change name at SSN office too.

So after we are married we can go get her Social Security card, correct?

Hey did a search and found various answers.

My fiance would like to take my last name when we get married. When we get the marriage certificate tomorrow should we use her surname or mine?

I am worried that when we fill out the I-130 and I-485 it wont match her Tourist Visa and passport.

Sorry if this has been addressed in previous posts but I only saw different situations of naming issues.

I am a US Citizen.

Basically we were engaged in her native country, she has come here and returned home since then, and returned here again to spend the holidays. Why were going to wait and plan a long engagement we now don't want to say goodbye and prefer a courthouse spur of the moment.

The attorney said that this would not be considered visa fraud, as we made the decision after she entered and spent 3+ months here. That us being engaged prior to her entering on the tourist visa would only be a problem if questioned by Customs officials.

I was trying to understand what exactly constitutes visa fraud.

An Attorney explained to me that it occurs when an individual is squiring the Visa. Not, when utilizing the tourist visa to enter the US.

My Fiance has had a tourist visa since 2014. We were engaged outside the US and entered on the Tourist Visa. We are hoping to be married before it expires (tourist visa.)

An Attorney said that since when she obtained the Visa it wasn't for purposes of entering the country to be married it does not constitute Visa fraud.

I was concerned that when we go through the interview process when they ask when we were engaged, and we respond prior to her entering the US, it could imply some sort of fraud.

Has anyone had any experience with this?