I-485/I130

[ecsg 0]

i got married last may in mexico (where I am from) and came back to the states on my student visa. I am still studying and will not graduate till july. I am just now starting the paperwork. I am wondering if I should use my maiden name or married name on the forms since my passport and social security have my maiden one. would that be a problem?

also should i include an I-131 form with my package if i am thinking on traveling in may for our one year anniversary or should i fill out another form.

thanks

[Mint518 0]

i got married last may in mexico (where I am from) and came back to the states on my student visa. I am still studying and will not graduate till july. I am just now starting the paperwork. I am wondering if I should use my maiden name or married name on the forms since my passport and social security have my maiden one. would that be a problem?

also should i include an I-131 form with my package if i am thinking on traveling in may for our one year anniversary or should i fill out another form.

thanks

Did you change your legal name in your home country (i.e., can you change your passport name sometime later, if not now)? It is hard to answer as I do not know how the change of name works in your country (whether it will be automatically be chaged to conform the US married name, or you can choose US married name or maiden name (Japan is latter)). But, as a general matter, I think if you have changed your legal name in your home country, you should use your married name so that your name on passport and GC will eventually match. On the other hand, if your legal name stays the same, I think it would be better to use your maiden name.

Regarding your second questinon, I-131 is the right form. And since you cannot use your F-1 visa for reentry to the U.S. once you file AOS package, you should file I-131 and obtain AP. But you should keep it in your mind that there is no gurantee that AP will be approved before your planned trip. So, it would be better not to book any travel yet (unless fess are refundable or under flexible schedule).

Edited February 10, 2009 by Mint518