Late filing for AOS, SS name changing, etc.

[bikozu 0]

My wife and I got married 5 months ago today after she was in the US for less than a month.

She got her social security card but we haven't changed her name on it yet.

We just got the marriage certificate copies.

We haven't filed for AOS yet because I'm an idiot and I really didn't worry about anything past the "marriage" part when we were going through the initial process. I didn't realize that the next step had a timeframe either until I checked today.

I understand we should file for AOS ASAP, right? Will we get any trouble for not filing before the K1 visa expires?

I'm also concerned about the SSN name change part. If she is out of status will going to the SS office be a bad thing? If now is a bad time to go, when is it safe?

And lastly, how urgently should I do the AOS? Should I stay up all night tonight to get it out by morning or is waiting a few extra days not going to hurt anything?

Thanks for the help!

[TBoneTX 45,319]

Happy 5-month anniversary!

Take the few extra days to file for AOS, but view filing as a priority. Compile the separate packages for AP & EAD at the same time so that you can include them in the mailing to USCIS.

You married within 90 days of your lady's entry into the U.S., so that's just fine. Although there is no set time limit for filing for AOS, the trouble that you could get into as a result of the delay is if you go anywhere near either U.S. border, or encounter any CBP or ICE agent anywhere. They have no sense of humor, and some are looking to score points by being able to hassle someone. (Remember that the Federal government has unlimited time & resources to make our lives miserable.) Until you file for AOS, be sure that your wife carries a copy of her marriage certificate and a copy of her most recent paperwork with her wherever she goes. Once she gets the green card, that will be all that she'll need to carry.

And, thereafter, remember to file for ROC on the appropriate time schedule (see the Guides)!

Many compliments on your sense of responsibility & urgency. Some people here may offer dismissive "you're fine -- no worries" or claim that they waited X number of months/years before casually filing for AOS. Ignore them, and proceed apace.

Edited March 26, 2010 by TBoneTX

[bikozu 0]

Alright, cool, thanks for the insight.

What do you think I should do about the social security name change? Wait until we have proof of the AOS being filed?

[tglea 0]

Relax. It's not that big of an issue right now. You should file your AOS asap but I would recommend taking your time and doing it right rather than rushing to get it in as fast as you can. Read the AOS guide on this site and it will tell you everything you need to do.

Your wife is acquiring out of status days but to the best of my knowledge, nothing significant happens until it reaches 180 days. The date on your visa is insignificant now. It was expired the moment she entered the USA. Her I-94 was valid for 90 days and that is what you need to base your time on. So she has been here for approx. 6 months and since the I-94 was only good for 3 months she has about 90 days out of status. Ideally you should have filed the AOS before the I-94 expired but I've seen many many posts on here of people filing AOS well after the I94 expiration. In some cases a year or more.

The good thing is you did what you were supposed to do. Get married within 90 days of her arrival. I wouldn't sweat it too much.

[tglea 0]

Alright, cool, thanks for the insight.

What do you think I should do about the social security name change? Wait until we have proof of the AOS being filed?

Yes. They won't be able to change her name until you have her EAD(sometimes that won't work either) or green card. A piece of paper showing that you have filed for AOS will mean nothing to them. Also, remember to fill out the AOS forms with your wife's new married name if you want her EAD and green card to show her new married name.

[bikozu 0]

Yes. They won't be able to change her name until you have her EAD(sometimes that won't work either) or green card. A piece of paper showing that you have filed for AOS will mean nothing to them. Also, remember to fill out the AOS forms with your wife's new married name if you want her EAD and green card to show her new married name.

Alright, so fill out the AOS with the new married name? Do we need to do anything to change her name officially or did that happen at marriage?

[bikozu 0]

Thanks again everyone, I'm working on it now.

I'm still looking for an answer to the above question.

Also, for "current USCIS status" what should I put?

[tglea 0]

Thanks again everyone, I'm working on it now.

I'm still looking for an answer to the above question.

Also, for "current USCIS status" what should I put?

Just write her new married name. You don't need to do anything special. Go to the example forms section up above and they will show you what you need to put in each line on the forms you are filling out.

[bikozu 0]

Just write her new married name. You don't need to do anything special. Go to the example forms section up above and they will show you what you need to put in each line on the forms you are filling out.

Thanks! I didn't notice the example forms tab, I was used to the link being in the "step-by-step guide" part.

So I just put the expired K-1 date under? "expires on" ?? or should I put "out of status" as current USCIS status?