klam133

Yes.

She does not have to prove anything to the IRS. She can file jointly with you if she has a SSN. 

For your information. I was not able to post this under my user name. Josie recieved this letter and is totally unprepared. I/we do not keep any records for three years! except tax returns. I also belive I have read to much into it.
Left click on the attachment to enlarge

Hello all,
Now my wife's k1 has expired, and we recently received the NOA 1 for i485. Should i make copies of it and have her carry with her in case she got questioned?
Another question i have is what is the current timeline for EAD cards? The wife is kinda getting antsy about not working. 

I just finished mine today and i am worried that i might do something wrong. I am double, triple and quadruple checking everything. Let hope we can support each other one this. 

I just finished mine today and i am worried that i might do something wrong. I am double, triple and quadruple checking everything. Let hope we can support each other one this. 

I'd take it out. They say they don't want it anymore after the 9th. I filled ours out, but I'm not sending it. (It was mostly just explanations of why various records are unavailable, and he would've had some negative marks so I'm super glad it's gone.)
 
Or I guess if taking it out would mean you'd need a new envelope, I'd probably just let them throw it out, personally.

I just finished mine today and i am worried that i might do something wrong. I am double, triple and quadruple checking everything. Let hope we can support each other one this. 

Hello, 
 
So I never re opened my case, it was denied in NOVEMBER, and I just re filed everything, I sent a whole new packet in December 2019, my husband and I  are still waiting on an interview date.
 

Instead of envelopes you can separate them with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips
Yes, it's the correct address.
I-765 and I-131 are free to file and approved AP is good to have in case unexpected emergency travel comes up. https://www.uscis.gov/sites/default/files/document/forms/i-485instr-pc.pdf
Filing Form I-485 with Forms I-765 and I-131
If you properly file Form I-485 and pay the required fees, you may file Form I-765 and Form I-131 without paying additional fees. You may file these forms together, or if you choose to file Form I-765 or Form I-131 separately, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence that you filed and paid for Form I-485.
 
For I-131 dates not needed. Put "TBD" for the Date of the trip; and "As needed" for the purpose of the trips.
 
You might need to handwrite "TBD" in that field if the PDF editor doesn't let you.
 
And select the box for Multiple trips.

No.
 
It does not matter what your wife does, as long as it is not illegal.
 
If she has a special set of skills, then that's that.  Liam Neeson also had a special set of skills and it came in handy for him...)

Just translate is enough I think.  I translated both my wife high school and college diploma by myself. You can look up Vietnamese translation format for high school diploma if u wanna do it yourself and include something like this. 
https://immigrantjustice.org/media/185/download

Both are needed.
 
I-864 is filled-out by the US citizen, and the rest of the forms by the immigrant. In general, send the following three packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:
I-485 with I-864 and supporting documents, I-944 and supporting documents, electronic I-94 copy, filing fees, etc.; I-765 with electronic I-94 copy, etc.; and I-131 with electronic I-94 copy, etc. You'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips
On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

Now, you're stuck.  

For the marriage license and SSN, you attested that was her true name.  Getting her green card in her correct name is going to create confusion.  

At this point, she may have to just live with her new name unless you want to go back to correct the SSN and marriage certificate.  

Don't pay attention to OMB expiration date but the edition date in bottom left corner 

As long as you're downloading the form from https://www.uscis.gov/i-485 and it is the edition date that's accepted, you're good.
 
The date you mentioned is the edition date of the currently accepted form version.

@klam133
 
They may ask her to fill out a W8-BEN because she is a foreigner currently with no status (that you can show with a document) other than waiting to be an LPR.. They don’t really know how to classify a K1 because her visa expired upon entry and she has no greencard. The government requires them to have certain documents on file for their account holders.  It’s a legit request so do it. 

Well....there are some circumstances that one can declare a spouse as a dependent.....
This case does not qualify.....as you said....she does not qualify in this case.
(Sorry....daughter of an accountant here 😊)

Just one additional note, you cannot claim your now wife as a dependent on your 2020 taxes.
 
I also use TurboTax and find it very useful.

you were single in 2020 so that's the way you file
she had no  US income so she doesn't need  to file

I am not sure if you can change more than the last name through marriage.  You may need to ask someone with more legal experience.  For Vietnamese citizens, it is important to keep a Vietnamese last name because my understanding is that the Vietnamese government will only issue documents (like passport renewals) with the Vietnamese surname.  Also, even though she has changed her name in the U.S., it may be more difficult updating her Vietnamese passport.  You should contact the Vietnamese embassy/consulate near you to ask what is needed to update your passport with the new name.  You can get some information from the embassy website - http://vietnamembassy-usa.org/.  Phone calls go to voice mall, but they have always answered my emails within 24 hours.
 
Whatever you do, get several copies of the notarized marriage certificate.  I think we have used at least 5 as we go through the AOS and ROC process, dealt with the IRS regarding her son as my dependent, updated social security, applied for a driver's license, added her to my medical insurance, school enrollment (mom and kids), etc.  

So, in Vietnam, my wife would write "Nguyen Thi Thu Trang" (Last, Middle, Middle, First).  We only use that Vietnamese order when getting airplane tickets.  For everything else, including her AOS and ROC paperwork, we used the "Americanized order" - "Trang Thi Thu Nguyen" (First, Middle, Middle, Last).  We don't try to match the incorrect order on her I-94.  Social Security and the motor vehicle administration (driver's license) had to match the I-94, but we updated these once the corrected name was on her green card.  The USCIS person who did the AOS interview and customs officers have all been aware and understood the difference in name order.  So, even though your immigration documents may show the incorrect name order, you can get that corrected at the AOS interview. I hope that wasn't too confusing.
 
 

It happens regularly on Vietnamese.  We had the same issue with the I-94 and SSA.  It wasn't a problem for our marriage license.  When I applied in Maryland, they issued the license according to how I completed the form.  For the SS card and later her driver's license we accepted the documents in the wrong order.  At the AOS interview, we explained the problem to the agent understood.   He understood without much explanation needed.  The green card was issued with the correct name order and we updated for her updated license and SS card with the correct name order then.
 
As long as she carries a Vietnamese passport, you may have name order issues.  Some airlines can be very strict about the name order.  Whenever we buy tickets we use the name order in her Vietnamese passport, even if that means putting her middle name in the first name box, and middle name in the first name box. 
 
Jason

Should have read, "It happens regularly on Vietnamese documents in the United States."

The form has fields for current legal name and other names one has used.