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Everything posted by Aquabac
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Thank you for the explanation. I wish i would have looked into all of this before she even arrived. Ignorance is not bliss. We are going to file As soon as I get the February statements. We are going to spend the next 2 weeks organizing all our evidence so we can mail it out as soon as I get the joint account statements.
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Thanks for your post and @wildbug100420 post I'm rather ignorant about immigration but I thought the requirement for staying in the US was to be married within the 90 days and you could not travel outside of the US and back until you either got your Green Card or Advanced Parole. Even when she arrived Immigration told her 3 times that she needed to make sure she got married within 90 days. No one from Immigration said anything about AOS within 90 days. This is certainly concerning and we will apply sooner than later but i want at least 1 month of bank statements from joint accounts I went on the USCIS website to see if there was any information regarding k1 and mandating filing for AOS within 90 days and did not see anything suggesting that. I found this link to USCIS website Visas for Fiance"s of US Citizens https://www.uscis.gov/family/family-of-us-citizens/visas-for-fiancees-of-us-citizens It clearly states about Failure to Marry within 90 days but no other time limits. Under "Process for Bringing your Fiancé(e) to the United States " it shows the following: NOTE: I tried to insert a screen shot but I think it goes at the end of the post so I will paste what it says Step 5: Adjustment of Status – USCIS If you marry within 90 days, your fiancé(e)—now your spouse—may apply for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status. We review Form I-485 and the documents your spouse submitted. We may mail a request for evidence to your spouse if we need additional documentation or information. You and your spouse will usually be required to appear for an interview. If you were married for less than two years at the time the Form I-485 is approved, USCIS will grant your spouse conditional permanent resident status and issue a Green Card valid for 2 years. Your spouse will need to remove the conditions on his or her residence by filing Form I-751, Petition to Remove Conditions on Residence in the 90 days before his or her Green Card expires. Clearly states you must marry within 90 days Step 5 it states you MAY apply for a Green Card if you marry within 90 days. Not that you must file within 90 days And then it talks about "less than two years at the time the Form I-485 is approved" and the only other time limit is to file for removal of restrictions 90 days before their Green card expires. Of course that does not state you have 2 years to apply but the only time restrictions listed is marriage within 90 days and restrictions regarding before and after 2 years of approval of your Green card I would hope they would put any other time limits clearly in this section. They may have it elsewhere and I certainly hope they do not. I wonder if anyone has had experience with someone getting a deportation notice after marrying within the 90 days and not filing I-485 by that time? Certainly is a concerning issue and why I should have started the joint account process the moment she got her social security card but we didn't. We will file as soon as possible.
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We are arranging our documents for my wife to file her AOS I've heard this year they are being tougher on proof and what they expect to be submitted than they have been. So we want to make sure we have a preponderance of evidence and we do not receive an RFE Background: She had her medical exam 06/23/2025 She arrived 10/07/2025 She got her Social Security Card 10/28/2025 We were married 12/06/2025 Tried to change name on SS card to married name but I-94 expired. They wouldn't do it. I own our home since 2011 so she is not on the deed or mortgage I was self employed and am now retired. Medicare for health insurance. My Bride is too young for Medicare. Seems the 3 main areas of proof they want to see for both names to be in: Lease/Mortgage/Deed Co Insurance Joint Accounts Only have 1 of the 3: Joint Accounts. We have 2 JTWROS Checking accounts and 1 investment account with Fidelity. She is listed as the sole beneficiary on my other investment accounts and both my IRAs I added her as an authorized user to all my credit cards in January and she just started using them this month . Some documents are in maiden name , others married. Her Social Security is in her maiden name, 1 credit card I gave her before we were married and both joint checking accounts. Water bill and Electric bill has maiden name. Verizon married name. We had a lovely Church wedding and have our marriage cert from the Church and most importantly for filing; the State Plenty of photos Adding her to utility bills here wasn't perfect. We have only 3 types of utility accounts; Verizon for cell phones and internet, Electric, & Water Water bill added her to the mailing address but not account name. They told me they would have to close my account and reopen it to change everything She is also on my home heating oil delivery account. She will be applying for her Learner's permit the end of the month ( February). Once she has that I assume I can add her to my auto insurance. Other Evidence: Costco membership on my account I listed her as my HealthCare proxy She is authorized for full disclosure for my Medicare account Listed on my Apple acct as family Dental Plans Family Discount card We want to apply for AOS as soon as it is advisable. I'm thinking I should wait at least 2 months of banking activity for statements before applying. Also, By March/April I should be able to have my taxes done and I could file jointly. I'm thinking a joint tax return is strong evidence and worth waiting a few months. Her medical exam expires on 06/23/2026 I assume that means as long as the application is mailed before then or they recieve her package she does not need another medical exam Should I get friends that know us well to write affidavits? Any other suggestions ? Anyone have recent experience with their spouse's AOS after marriage and filing I-485 ? Thanks
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Curious what happened in your case? It's been over 2 years since this thread. If you are still around on the forum and see this post I'm sure many would benefit from hearing specifics of your case and the outcome What did you end up supplying for the RFE? What was the ultimate outcome? I hope it went well
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So we tried today and failed as expected. I argued half heartedly for about 30 seconds because I knew it was whizzing up a rope but my wife really wanted to try so I did The clerk was polite but stated some erroneous things like her stamp expired so she is here illegally until they grant her a green card. Luckily she didn't hear that because while I know that is untrue , it would have freaked her out. So we won't try again until we have her green card. Now back to working on the AOS application
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We just changed my individual checking account at Chase Bank in NY to a joint account. She needed SSN. Her Philippine Passport Utility bill with her name included. Bill has to be within the last 60 days They wouldn't even accept her social security letter stating our address as proof of residence. IIt had to be a utility bill, tax return or work authorization according to the bank clerk We had to do maiden name because Social Security refused to allow name change after I-94 expired. Trying that again soon but that's another story. My advice for anyone trying this is to get a Social security card immediately, get married and make appointment BEFORE I-94 expires to do name change if desired. If not, open everything in maiden name, wait for AOS and then do name change with SS. Sucks, but it is easier that way. I was able to do many accounts in married name and all credit cards as authorized user but bank demands name as it is on Social Security card. They did not care about marriage cert and would ponly accept other provesin the same name as SS card
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Thanks. That's what i thought when I went to the bank with her. The bank employee said the SSN card had to be in the married name. I know a bit about finance laws and regs and disagreed but my knowledge is over 10 years old and thought it had changed. Now that you posted this you got me thinking I should have checked that more thoroughly. Sometimes employees state their policies are law when they are simply the financial institution's policies. I scheduled an appointment with my other bank for next week to see what they say. I'll post what happens afterwards.
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As stated we want her married name to be used and do not wish to change names on EVERYTHING again. Of course I could change every account and add her maiden name and then change everything again when she has her green card. That is not the point. Also as stated, I found the requirements on the SSA website for name change and NOWHERE does it say anything about immigration status. The link that mam521 posted was for applying for a Social Security card. Application for a new social security number and a name change are different things. Everyone saying I have to wait may e right but no one has shown the actual procedural documentation of why that is. Following the actual guidelines stated on the SSA website for a name change is sensible. Asking for SSA to show why they are following some other guideline than what they post as their own Program Operation Manual System with reference numbers is a reasonable request. Using the requirements of application as opposed to the requirements stated for a name stage is illogical. They may do that but that doesn't make it reasonable. I will try. I will probably fail but that doesn't change the fact that unless there are other POMS guideline which state different requirements than the ones I found that they are following actual rules. "Because we say so" is not a rule. Even if they get away with it because they are the government. I will report what happens after my next appointment. Some of you may take satisfaction in them not honoring their own procedures and will be happy to say or think " I told you so" but that doesn't make it right. Nothing in that link discussed name changes of an EXISTING card.
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Cautionary tale Social Security Card name change
Aquabac replied to ATCSUSNRET's topic in Social Security Numbers
It's been over a year since you posted. What ended up happening? BTW, Chief, you were 100% about not trying to persuade bureaucrats like that. I had a similar though less antagonistic clerk yesterday and posted a thread. I intend on trying again. You might be interested in the post I made. I would like to know what ended up happening with you though. Thanks -
why? According to the procedures I foun of the SSA that is not required. If it is there has to be some kind of documented procedure where that is the case. I know getting accurate information from the government is difficult but what I found does not state anything regarding immigration status Why do you feel that what i found on the SSA website is incorrect?
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That isn't what the Social security procedures say. If you have any proof that this is procedure I'd love to see it. If not, you are merely repeating someone else's opinion or forming your own . I posted the procedure according to the SSA themselves. If there is a contradictory procedure, again, what RM is that?
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My fiance' arrived in October on a K1 visa and we got her a social security card in her maiden name. They issued the card with the following statment : VALID FOR WORK ONLY WITH DHS AUTHORIZATION I only mention this to supply all information. She is NOT trying to work. I was told by Social Security online she needed ID and the marriage cert. That was it ( Yes, I mentioned she was NOT a US citizen and here on a K1 visa) We made an appointment to change her name after we were married. The Clerk asked for the marriage cert and ID She gave the clerk the marriage cert and her Filipino passport. He then wanted to see immigration documentation. She gave him the I-94 which had expired Jan 5. We were married December 5th He said he could not process the name change because her immigration form was expired. I explained the k1 visa required marriage within 90 days which she did and this was the earliest appointment SS had. I also explained the marriage cert proves she honored the rules of the Visa and either way it was irrelevant because she already had a Social Security card and we were just updating her name change. He said a social security card does not prove immigration status. I said , I know. This has nothing to do with immigration status. Simply a name change due to marriage for her existing social security card. He repeatedly stated since the I-94 was expired she might be here illegally so he could not change the name. After further discussion I decided to leave and do research and make another appointment If you are curious why we want this done before AOS we want to have her social security reflect her new name and not wait until her AOS because I want to add her to my financial accounts, open a joint checking, get her health insurance, drivers licence etc in her married name. If I wait until AOS then we have to redo all of those documents and worse new checks etc Either way according to the Social Security website all that is required to change the name is ID and an original marriage certificate. Attached are screen shots from the Social Security website showing requirements. I have made another appointment at the Social Security Office to try again. This time I will bring printouts from the Social Security website and argue my position more adamantly. Logic seems to be on my side. But this is the government so logic may not apply., She has a social security card. She got married and wants to simply change the name on her existing social security card. NOT CHANGE ANYTHING ELSE ; like the ability to work etc Social Security website states to change the name she needs ID and marriage certificate. NOTHING is stated about immigration status According to the SSA Program Operations Manual System (POMS) RM 10212.025 Evidence of Name Change based on a US Ceremonial Marriage & RM 10212.055 Evidence Required to Process a Name Change on the SSN based on Marriage all she needs is her ID and marriage Certificate. If I am missing something I would appreciate what RM of the SSA POMS shows otherwise. Thanks
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Philippines CFO experience 09/17/2025 FBI Background Check is Required
Aquabac replied to Aquabac's topic in Philippines
Sure seems like there is nothing for them to ask for more than that. Since there is nothing on the FBI history report for them to inquire about. If by some strange reason there is, the answer is simply what you stated: There is no record because it was completely expunged by the state. The state doesn't even have a record of it. It is as the FBI history shows. as if it never happened. Good Luck -
Philippines CFO experience 09/17/2025 FBI Background Check is Required
Aquabac replied to Aquabac's topic in Philippines
I put it on my 129F and went to the local court where it was to get the record which was a requirement for the 129F as you know. The 129F states to list any arrests even if they were expunged. The Philippine government is asking for a National police report which for the US would be The FBI history. You stated there is no record of your arrest in the FBI files. So, it seems to me that you just supply your FBI background check and there is no reason to mention it. -
I found this forum searching for info on CFO and whether a "police background check and freedom to marry certificate" were required. There was some conflicting info and I said once my Fiance' went through the CFO in Manila I would start a thread and explain her experience. Especially regarding the FBI background check In a nutshell. It is now a requirement to provide a criminal background check. I also made an affidavit that I was free to marry but that was not asked for by the interviewer. This was her experience: She was notified she could pick up her visa & passport 09/15/2025 She went into Manila early the next day and picked it up. Once she had it she could go online and sign up for the CFO. There were many spots open and she was able to sign up for the very next day She arrived at 0640 and only 1 other person was there ahead of her. At 0700 there were only 3 people including her Registration was 0700-0830 Seminar was 0900-1030 Interviews went from 1100-1300 She was told they would be taken in the order they registered that morning but for some reason she was literally the last person interviewed. The interviewer was a woman. The conversation was in Tagalog and some English. After exchanging pleasantries her first question was literally about the FBI background check. She even used the term FBI She asked " Can you give me the documents of FBI" That's how she phrased it. I had a DUI in 1999 and the interviewer then asked for my court documents on that She then asked for a copy of my Passport Bio page. Then my fiance's Cenomar (Certificate of No Marriage Record) Then she asked for my fiance's passport Then she asked to see proof of relationship which my Fiance had a great deal of in photos and receipts etc The interviewer gave these a cursory look only. Spent less time on it than reading my FBI report. Then she started asking more basic questions " How did you meet? " How many weeks did he vacation here?" " What is his job" " What did he study in college?" The interviewer at some point asked for my " 1040" My fiance couldn't find it in her records because I had given her The IRS transcripts and she was being literal searching for the 1040 in her document files. The interviewer than asked other questions and ignored my financial info which surprised me Other questions asked: " What would you do if you need help?" " What to do in the US incase of an emergency and have problems? " Who would you contact to ask for help?" She answered that she would call 911 and go to the nearest Philippine Embassy if need be. In the seminar they told her that and to contact the CFO but she forgot to say the CFO part and the interviewer was okay with her answer "What are your future plans together?" After that, the interviewer told my fiance " Congratulations" 'That was it and she was emailed her CFO immediately and is now free to travel here. As stated earlier the main reason for this thread was to discuss if an FBI background check is required now and since it was literally the first question asked I'd say it is required In earlier threads it has been discussed how to get it but I will just give the basics for anyone reading this thread in the future and wanting to know. The FBI calls them Identity History Summary Checks. I'm not going to be too specific because things can change but here are the basics: Google for FBI background checks and make sure you click on an actual FBI website NOT some private google sponsored ad. Here's a link to the FBI FAQ on background checks. https://www.fbi.gov/how-we-can-help-you/more-fbi-services-and-information/identity-history-summary-checks/identity-history-summary-checks-faqs If you do the electronic method you will get it much faster. For me it was within an hour of the fingerprints. I got fingerprints scanned at the Post office. The FBI website has a link to search for Post offices near you that supply this service. Good Luck to all!
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Notice of Intent to Deny just received
Aquabac replied to Rasputin's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
That's a nice way of stating it. Hope he listens OP, You need to calm yourself down or you will make things worse. As far as accounts go: Generally speaking you can not add your spouse to financial accounts. They need to close and transfer to a new account You can add her as a beneficiary. Some institutions require a social security #. Others do not. You can also check with your credit cards and get her on them as an authorised user. This is a good idea anyway because it helps establish her credit history time in the US. The credit bureaus then consider her having the account as long as you have had it I've been told Something else that might add to the proof is to see if your state allows you to add her name to the registration of your automobile. I would also look into opening a small Life Insurance policy with her as beneficiary and of course if your job offers that or any other benefits to get her name on anything you can as a beneficiary. -
100% Part of the reason OP should supply all information requested is to make it easier to understand the situation and to then get better advice. Another part is for the people coming here for information so they can learn. I find it annoying how often these threads require numerous questions before the OP gives the whole story. IMO it might be helpful for future OPs before posting your question look at other threads and the basic info that seems to ALWAYS be asked. After you post your new thread read all the answers submitted in a day and answer them all in one response because you can only reply to 5 per day Just my 2 cents
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What NOT to say during border check
Aquabac replied to johnsnow1234's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Nothing wrong withsomeone loving their country. Japan is a wonderful country too. To each his own. I am no visa expert but I have experience as an intel officer in the marines and understand interrogation. Others have said " Don't lie" because telling the truth is easier. Just like cops they are trained to pick up on odd responses, body language etc. People understand wanting to do everything for your kids. You said you have an immigration attorney so I'd certainly ask him what's the best thing to do. Seems to me others have said to stagger the time away versus in the US and that seems like a good idea but your attorney should know for sure. My suggestion is to answer simply the questions when she comes into the US: "Purpose of your visit?" " My kids are American citizens and are going to go to school in America so I want to help them settle in and visit with my in laws." Period.
