Random questions about I-94 and AOS

[Walt and Shannon 0]

Hi, all

We got married the middle of August. I held off getting a SSN and USA driver's license because I didn't want to have to go back and change it after we got married.

I'm in the process of changing my name but it hasn't been legally changed yet. Should I use what will be my married name in my AOS package, or should I keep using my maiden name?

My I-94 is about to expire, and the AOS said they needed copies of a valid I-94. Do I need to have an I-94 while my AOS is getting processed, and I don't intend to travel? If so, how long do you need to have an I-94 and how long are they valid for? My first and only one was valid 3 months.

Thanks for your help!

[MDD 1]

Hi, all

We got married the middle of August. I held off getting a SSN and USA driver's license because I didn't want to have to go back and change it after we got married.

I'm in the process of changing my name but it hasn't been legally changed yet. Should I use what will be my married name in my AOS package, or should I keep using my maiden name?

My I-94 is about to expire, and the AOS said they needed copies of a valid I-94. Do I need to have an I-94 while my AOS is getting processed, and I don't intend to travel? If so, how long do you need to have an I-94 and how long are they valid for? My first and only one was valid 3 months.

Thanks for your help!

On AOS package, use whichever name you want on your green card. If you have a marriage certificate, that will be enough proof for your legal name change. I used my married name.

It's better to file for AOS within the time limits of I-94. You can still do it after it expires, but you'll be out of status. Once you file for AOS, you'll be fine even when your I-94 expires, you'll be going AOS process, so that legally justifies your status. You are right, if you come on K-1 your I-94 is valid only for three months. Within that limit you need to get married and file to adjust your status.

So good luck.

[john_and_marlene 162]

If you came into the U.S. Jun 1st, your I-94 is already expired.

[Walt and Shannon 0]

You're right, it has expired - will it still be okay to file? I'm planning on getting this out right away.

Thanks for the advice, especially re: the marriage certificate. I know these guys can be finicky and just don't want to take any chances.

Edited September 4, 2009 by psalm121

[Urge To Race 2]

Yes, you should file right away. The expired I94 will not harm your AOS case. The receipt notice for the AOS confers on you the status of "adjusting status" and your expired I94 means nothing at that point.

You're right, it has expired - will it still be okay to file? I'm planning on getting this out right away.

Thanks for the advice, especially re: the marriage certificate. I know these guys can be finicky and just don't want to take any chances.

[Walt and Shannon 0]

Thank you!

[Eric-Pris 1,606]

I'm in the process of changing my name but it hasn't been legally changed yet. Should I use what will be my married name in my AOS package, or should I keep using my maiden name?

What process are you referring to? I hope you aren't paying some lawyer or court for this. It may not be necessary. In most places, you do NOT have to legally change your name after marriage. You can begin to use your married name (if you choose to use it) as soon as you get married. The marriage certificate acts as the legal document (proof) of name change.

[Walt and Shannon 0]

Thanks for responding. The process I was looking at is this:

http://www.vbgov.com/vgn.aspx?vgnextoid=49...nextfmt=default

I called the circuit court and they gave me the run-around, saying I needed to file some sort of petition and get an order from a judge. But they couldn't tell me what to do specifically because they said they were court clerks and "weren't allowed to give legal advice".

Everyone else is telling me to bring my marriage certificate to the social security admin to have it changed.