AOS from H1B

[akki 0]

I am currently working on H1B in Atlanta, GA and got married to my US citizen gf yesterday (03/02/09) in Atlanta. My gf just finised school and

is living with her parents in Albany, NY. She will be moving to Atlanta only in Aug. 09 after our religious ceremony is conducted

in India (in July 09). Given the current economic condition, I have decided to apply for AOS right away rather than wait till Aug 09.

Now my concerns are as follows:

1. Since my gf's last name changes to mine after marriage, what last name should she use on the forms, her maiden name or her married name?

2. To prevent complications during the interview, we are thinking of giving my current Atlanta address for both of us. We have a joint bank

account in Atlanta, can this alone be used as proof of the fact that we are living together. Also, I don't have a lease associated with the

apartment I am living in currently; it is in my roommate's name and he has sublet a portion of the apartment to me.

3. As I said, both of us will be flying to India in mid July. Suppose I don't get my AP before that, can I use my valid H1B to re-enter US?

I would appreciate it if somebody can help me answer these. Thanks!

[YuAndDan 153]

1) Married name, on the G-325A that she will provide for the I-130 she will indicate maiden name on the line "Other Names Used"

2) Problem is that your GF will need to indicate her domicile address on the I-864, it should be her current address. Lying on any of the forms is "Misrepresentation" this will cause the AOS to be denied and can cause a lifetime ban to the USA.

3) H-1 does not need to file an I-131 for AP, you may want to read the instructions with form I-131.

NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:

A. You are in one of the following nonimmigrant categories:

1. An H-1, temporary worker, or H-4, spouse, or child of an H-1; or

2. An L-1, intracompany transferee, or L-2, spouse or child of an L-1; or

3. A K-3, spouse, or K-4, child of a U.S. citizen; or

4. A V-2, spouse, or V-3, child of a lawful permanent resident; and

B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.

However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.

http://www.uscis.gov/files/form/I-131instr.pdf

[akki 0]

Thanks, YuAndDan, for the quick reply. I have a few more questions.

1. My wife's passport still has her maiden name and we plan to get it changed only after returning from India. Will that be a problem, if we get called for an interview before her name in the passport is changed.

2. If I provide my wife's actual address in all the forms, which happens to be different from my address, will my case become more difficult? I would appreciate a response from people with similar experience. Thanks!

[YuAndDan 153]

Thanks, YuAndDan, for the quick reply. I have a few more questions.

1. My wife's passport still has her maiden name and we plan to get it changed only after returning from India. Will that be a problem, if we get called for an interview before her name in the passport is changed.

2. If I provide my wife's actual address in all the forms, which happens to be different from my address, will my case become more difficult? I would appreciate a response from people with similar experience. Thanks!

1. Not a problem.

2. Not sure about that one, they will be looking for a bonafide marital relationship, living together is a part of this. Wife should get her address changed and "Move" to Atlanta now this will involve (Drivers license, forwarding mail, being added to your home address, etc..), and the use that address on the I-864 and G-325A for I-130, she can remain in Albany until the date you plan on actually moving.