changing last name before applying for a greencard

[Moon84 0]

hi there

please help me. i really need lot of answers. i came to united stated with F-1 status. i just finished my Rn school from a two year college. My college told me that i have 60 days to transfer to another college to stay in status. But i got married on July 15,2010 to my wonderful man who is a US citizen. so now i have a choice if i want to go back to college or not. i told my college that i will not be able to go back to college this fall.

I went ahead and changed my last name ( to my husband's last name)on my driver license. However, i went to the social security office yesterday. They asked my for my greencard or an I-20. I told them that i am not going back to college right now so i do not have an I-20. i also told her that i am about to apply for my greencard. she said that she cannot change my last name in my SS card until i get my greencard. i don't understand what's their problem!

Now my question is when i apply for a greencard, can i use my husband's last name and use my last name as a maiden name.even though they are not changing my last name in my ss card?

Also in the form I-485 (Application to Register Permanent Residence or Adjust status) there is a question where it is asking for " CURRENT USCIS STATUS". What would i write as i am no longer a F-1 student (as i got married).

Also on Form I-485 (part 2) where it ask " i am applying for an adjustment to permanent resident status becausse :" what would i mark.

please reply me as soon as possible.

thanks moon

[engineer21 51]

hi there

please help me. i really need lot of answers. i came to united stated with F-1 status. i just finished my Rn school from a two year college. My college told me that i have 60 days to transfer to another college to stay in status. But i got married on July 15,2010 to my wonderful man who is a US citizen. so now i have a choice if i want to go back to college or not. i told my college that i will not be able to go back to college this fall.

I went ahead and changed my last name ( to my husband's last name)on my driver license. However, i went to the social security office yesterday. They asked my for my greencard or an I-20. I told them that i am not going back to college right now so i do not have an I-20. i also told her that i am about to apply for my greencard. she said that she cannot change my last name in my SS card until i get my greencard. i don't understand what's their problem!

Now my question is when i apply for a greencard, can i use my husband's last name and use my last name as a maiden name.even though they are not changing my last name in my ss card?

Also in the form I-485 (Application to Register Permanent Residence or Adjust status) there is a question where it is asking for " CURRENT USCIS STATUS". What would i write as i am no longer a F-1 student (as i got married).

Also on Form I-485 (part 2) where it ask " i am applying for an adjustment to permanent resident status becausse :" what would i mark.

please reply me as soon as possible.

thanks moon

Don't worry, you're not the only one with that problem. And it's not really a big deal at all.

I can't change my last name with with social security either.

Yes, it is fine to use your married name on your forms eventhough your SS card has not been updated.

If I were you, I would write that your current status is F-1, and then just write the expiration of your previous I-20 on the next part where it asks for it.

for part 2 mark "a" and don't forget to send i-485 together with i-130 which your husband must file for you.

This concurrent filing is the reason you can mark "a"

Good luck!

[Moon84 0]

Don't worry, you're not the only one with that problem. And it's not really a big deal at all.

I can't change my last name with with social security either.

Yes, it is fine to use your married name on your forms eventhough your SS card has not been updated.

If I were you, I would write that your current status is F-1, and then just write the expiration of your previous I-20 on the next part where it asks for it.

for part 2 mark "a" and don't forget to send i-485 together with i-130 which your husband must file for you.

This concurrent filing is the reason you can mark "a"

Good luck!

hello there

thanks a lot for your response. that makes me feel better. so on the form 1-485 part 2 question i mark A which states " Am immigrant petition gives me an immediately available immigrant visa number that has been approved......"? i graduated on may 5,2010 and my I-20 expired on May 6, 2010. son the question where it ask for " expires on: do i put May 6,2010? do i have to send a copy of my I-20? will the immigration understand that i am in my 60 days period and i got married within that 60 days?

i also want to know where can i find my alien registration number?

thanks moon

[engineer21 51]

hello there

thanks a lot for your response. that makes me feel better. so on the form 1-485 part 2 question i mark A which states " Am immigrant petition gives me an immediately available immigrant visa number that has been approved......"? i graduated on may 5,2010 and my I-20 expired on May 6, 2010. son the question where it ask for " expires on: do i put May 6,2010? do i have to send a copy of my I-20? will the immigration understand that i am in my 60 days period and i got married within that 60 days?

i also want to know where can i find my alien registration number?

thanks moon

Yes, choose A, because the i-130 that your husband will file for you is the immigrant petition they are talking about. Make sure forms 485 and 130 are sent together.

I would put the expiration date on your I-20, and yes, it doesn't hurt to send a copy of the I-20. I sent mine.

I didn't know where to find my Alien # either. I just left it blank. You should be fine. They will assign you an A# when they receive your application anyway.

I'm also adjusting status from F-1 and in the middle of the process myself (see timeline in my signature). So far so good.

So relax, you will be fine. Read all the instructions for the forms, and if you aren't sure about something, come back to VJ and ask

Be sure to read the guide they have here for the process:

http://www.visajourney.com/content/i130guide2

[Moon84 0]

Yes, choose A, because the i-130 that your husband will file for you is the immigrant petition they are talking about. Make sure forms 485 and 130 are sent together.

I would put the expiration date on your I-20, and yes, it doesn't hurt to send a copy of the I-20. I sent mine.

I didn't know where to find my Alien # either. I just left it blank. You should be fine. They will assign you an A# when they receive your application anyway.

I'm also adjusting status from F-1 and in the middle of the process myself (see timeline in my signature). So far so good.

So relax, you will be fine. Read all the instructions for the forms, and if you aren't sure about something, come back to VJ and ask

Be sure to read the guide they have here for the process:

http://www.visajourney.com/content/i130guide2

hi there

thanks a lot for all the infos. Actually on 2008, i applied for an OPT and the immigration gave me a permission to work for i year (till oct. 2009). i do see an alien registration number in that card. so do u think i can use that one? i also want to know if i have to make a cover letter for every forms? i do not see an example in the VJ website. can u tell me where can i find it? did u apply for a work permit? even though i got a work permit for i year (from oct.2008-oct. 2009), i am still working in the same place (because they did not ask me for anything). so do u think i should write that i am still working even though my work permit has already expired?

thx moon

[engineer21 51]

hi there

thanks a lot for all the infos. Actually on 2008, i applied for an OPT and the immigration gave me a permission to work for i year (till oct. 2009). i do see an alien registration number in that card. so do u think i can use that one? i also want to know if i have to make a cover letter for every forms? i do not see an example in the VJ website. can u tell me where can i find it? did u apply for a work permit? even though i got a work permit for i year (from oct.2008-oct. 2009), i am still working in the same place (because they did not ask me for anything). so do u think i should write that i am still working even though my work permit has already expired?

thx moon

I had OPT at one point too and I wasn't sure if I should use that A# on it, so I left it blank on the forms.

You don't necessarily have to make a cover letter for every form. One cover letter is probably fine.

I personally didn't include any cover letters at all. But that is up to you. Won't make much of a difference, in my opinion.

But if you really wanted to include one, go to the top of the page and search for cover letter - you'll find different threads where people have posted theirs.

Yes, I did submit i-765 with my AOS. You should too.

Another thing is: this place where you work, is it on campus or an unpaid internship?

If not, I don't think that you are supposed to still be working there now that your permit is expired.

I think this means that you are now working illegally..

I would say yes, include this in the form because you should not conceal anything in your AOS application

but I don't know what will happen. Maybe nothing. Maybe it is no big deal..I honestly don't have any advice on this.

I think maybe you should write a separate thread/topic specifically for this question/concern and see what others here will say?

Edited June 23, 2010 by engineer21

[Moon84 0]

I had OPT at one point too and I wasn't sure if I should use that A# on it, so I left it blank on the forms.

You don't necessarily have to make a cover letter for every form. One cover letter is probably fine.

I personally didn't include any cover letters at all. But that is up to you. Won't make much of a difference, in my opinion.

But if you really wanted to include one, go to the top of the page and search for cover letter - you'll find different threads where people have posted theirs.

Yes, I did submit i-765 with my AOS. You should too.

Another thing is: this place where you work, is it on campus or an unpaid internship?

If not, I don't think that you are supposed to still be working there now that your permit is expired.

I think this means that you are now working illegally..

I would say yes, include this in the form because you should not conceal anything in your AOS application

but I don't know what will happen. Maybe nothing. Maybe it is no big deal..I honestly don't have any advice on this.

I think maybe you should write a separate thread/topic specifically for this question/concern and see what others here will say?

Hi there, i am having some hard times getting some replies. i have a question if you can help me. i was filling out the form I-864. I am getting little confused! On part 5(Sponser's household size) on A (i marked 1 for myself), B(1 for my husband). On part C where it's asking: " IF YOU ARE CURRENTLY MARRIED, ENTER "1" FOR YOUR SPOUSE" do i add myself again? if i do this, i will be counting myself twice. Also on Question 23 where it it asking for my spouse curent individual annual income. is he suppose to write what it shows on his 2009 income tax forms? what about Question 24 (My current annual househol income) what should we write? we do not have any kids, so he is only sposering me. please reply me soon. These forms are pretty complicated! Hey do u have any suggestion on one of the topic i posted regarding "criminal History" for my buddy who is also in a process of applying for a greencard. please some advice! help! u had been grt!

thanks moon

[engineer21 51]

Hi there, i am having some hard times getting some replies. i have a question if you can help me. i was filling out the form I-864. I am getting little confused! On part 5(Sponser's household size) on A (i marked 1 for myself), B(1 for my husband). On part C where it's asking: " IF YOU ARE CURRENTLY MARRIED, ENTER "1" FOR YOUR SPOUSE" do i add myself again? if i do this, i will be counting myself twice. Also on Question 23 where it it asking for my spouse curent individual annual income. is he suppose to write what it shows on his 2009 income tax forms? what about Question 24 (My current annual househol income) what should we write? we do not have any kids, so he is only sposering me. please reply me soon. These forms are pretty complicated! Hey do u have any suggestion on one of the topic i posted regarding "criminal History" for my buddy who is also in a process of applying for a greencard. please some advice! help! u had been grt!

thanks moon

Because it is just you and your spouse, Part 5 for i-864:

a)= 1

b)= 1

c) through g) = 0

h)= 2

The instructions specifically says not to count anybody twice. (you are already counted in part a)

for question 23 = yes whatever it says on your spouse's tax return.

Unless for some reason your spouse is going to make more this year, then you can put more and send employment letter verifying this.

I would only do this if the amount on the tax return is not above 125% poverty though. Otherwise it's not really worth the complication.

For question 24, part a) is just asking for the amount from 23) again.

For the rest, You don't need to put your income in part b) unless your spouse's income is not enough based on the 125% poverty criteria.

If it is enough, don't complicate things by including your income.

for question 24 I would do:

a) = amount on question 23

b) N/A

c) = same amount on 23)

I haven't seen your other post about your friend.

I don't have much experience with criminal history but if you want me to read it, I will.

Send me a link to the thread.

Good luck with the forms in the mean time

[Moon84 0]

Because it is just you and your spouse, Part 5 for i-864:

a)= 1

b)= 1

c) through g) = 0

h)= 2

The instructions specifically says not to count anybody twice. (you are already counted in part a)

for question 23 = yes whatever it says on your spouse's tax return.

Unless for some reason your spouse is going to make more this year, then you can put more and send employment letter verifying this.

I would only do this if the amount on the tax return is not above 125% poverty though. Otherwise it's not really worth the complication.

For question 24, part a) is just asking for the amount from 23) again.

For the rest, You don't need to put your income in part b) unless your spouse's income is not enough based on the 125% poverty criteria.

If it is enough, don't complicate things by including your income.

for question 24 I would do:

a) = amount on question 23

b) N/A

c) = same amount on 23)

I haven't seen your other post about your friend.

I don't have much experience with criminal history but if you want me to read it, I will.

Send me a link to the thread.

Good luck with the forms in the mean time

hi there. you have been soooo grt! thanks again friend. ummm.... my husband made $23,524 (that's what it shows on his papers for 2009.he worked as a partime paramedic) He just started working as an RN and he is making pretty well now. however, it's his new job( started on april 1,2010). so do u think as he made $23,524, is it above the 125% poverty guideline? Another thing is the form is asking for how much he made on 2007 and 2008. we do not have those papers. so we do not remember how much he made. so what can we do??

thanks moon

[Darnell 8,479]

*** moving to AOS forum, as this has nothing to do with a CR-1 visa ***

[engineer21 51]

hi there. you have been soooo grt! thanks again friend. ummm.... my husband made $23,524 (that's what it shows on his papers for 2009.he worked as a partime paramedic) He just started working as an RN and he is making pretty well now. however, it's his new job( started on april 1,2010). so do u think as he made $23,524, is it above the 125% poverty guideline? Another thing is the form is asking for how much he made on 2007 and 2008. we do not have those papers. so we do not remember how much he made. so what can we do??

thanks moon

USCIS poverty guideline is provided in form i-864p (see attachment)

Pay special attention if you live in HI or AK as the requirements are higher.

For 2007 and 2008, did he file his tax returns?

If he did and you guys just don't have the copy, you can request copies from IRS.

Right on IRS' homepage there is link to "get a copy of my return"

If he didn't file, he should probably work on that..

and in the mean time he can also contact his previous employer(s) for a copy of his past w-2s.

i-864p poverty guidelines.pdf

[Moon84 0]

USCIS poverty guideline is provided in form i-864p (see attachment)

Pay special attention if you live in HI or AK as the requirements are higher.

For 2007 and 2008, did he file his tax returns?

If he did and you guys just don't have the copy, you can request copies from IRS.

Right on IRS' homepage there is link to "get a copy of my return"

If he didn't file, he should probably work on that..

and in the mean time he can also contact his previous employer(s) for a copy of his past w-2s.

Hi there

thanks again for some infos. u are helping me a lot. Yes, my husband did filed taxes for past 3 yrs. we can also get his W-2 from his work. do i have to send a copy of 2007 and 2008 tax papers. Also we do have the 2009 taxe papers.

Seems like your stuff with immigration is going pretty fast! wow! where do u live? where did u apply. is it chicago?so how long does it take to get your work permit and greencard? just curious! i have another question if u can help me. I saw a form I-131 (Travel document.) did u complete that form also? i am not really understanding the purpose of the form. can u explain it to me please. what if i want to take my husband to nepal and visit my family, do i fill this form out? i am lost with all these forms! sooo.... sorry i am asking u all these questions. isn't that miserable! hhehe....

thanks moon

[engineer21 51]

Hi there

thanks again for some infos. u are helping me a lot. Yes, my husband did filed taxes for past 3 yrs. we can also get his W-2 from his work. do i have to send a copy of 2007 and 2008 tax papers. Also we do have the 2009 taxe papers.

Seems like your stuff with immigration is going pretty fast! wow! where do u live? where did u apply. is it chicago?so how long does it take to get your work permit and greencard? just curious! i have another question if u can help me. I saw a form I-131 (Travel document.) did u complete that form also? i am not really understanding the purpose of the form. can u explain it to me please. what if i want to take my husband to nepal and visit my family, do i fill this form out? i am lost with all these forms! sooo.... sorry i am asking u all these questions. isn't that miserable! hhehe....

thanks moon

Hi moon, not a problem! I got a lot of help preparing my own forms so I'm just passing on the favor

You don't HAVE TO send a copy of 2007 and 2008 taxes. It is optional. My husband made enough in 2009 so I only sent that year's taxes.

Yeah.. I guess in light of what others have to go through via spouse or fiance visa, my AOS is progressing pretty quickly.

I live near Boston, MA. Where abouts are you?

It should take about 90 days to get work permit but it's not an exact science.

The Green card.. well I think if my interview next month goes well I should get it sometime in August. But that is also not an exact science.

i-131 is advance parole (AP); it's for if you want to travel outside the US while your AOS is pending. When you get your AP document you can use it to re-enter the US even though you don't have Green card yet. It is an option they give you because people who have AOS pending aren't allowed to leave the US. If they leave, the AOS is considered abandoned. But with the AP document you can leave and come back.

No, I didn't apply for it because my actual student visa expired years ago and I'm pretty sure I need a valid visa to use the AP to re-enter the US if I leave. I didn't want to go through the hassle of going home just to get a new F-1 visa especially because I am only a couple of weeks away from being done with grad school.

AP is also useless if you are out of status. Plus I wasn't planning on going anywhere anytime soon. I'm quite happy where I am

Edited June 29, 2010 by engineer21

[Moon84 0]

hi there

i live in alabama. still working on these forms. u know i got an opt for 1 year from oct 2008-oct.2009 when i finished my Licensed Practical Nursing Program. i just graduated as an RN from a 2 year college. when i tried to extend my OPT, my college said that now i can only extend my opt after i finish my bachelors or masters degree in nursing. gotta pay the rent and everything, so i kept on working after oct.2009 in a medical clinic. so does this makes me illegal? even though i have in status with my college until i got married. i do not want to lie to the immigration. so i am going to tell them (where it ask for employment hx in last 5yrs in G-325A form). Do u think that can put me in trouble? i am pretty worried! atleast i am paying and filing taxes!

Even my f-1 visa expired on 2007 ( but i stayed in status by going to college). so is it useless for me to apply for I-131 (travel form). i did not understand when u wrote about that u may have to reapply for student visa even if u get that AP form.

did u apply at chicago lockbox facility? is that where i am suppose to apply also?

thanks again friend.... ur grt!

moon

[engineer21 51]

hi there

i live in alabama. still working on these forms. u know i got an opt for 1 year from oct 2008-oct.2009 when i finished my Licensed Practical Nursing Program. i just graduated as an RN from a 2 year college. when i tried to extend my OPT, my college said that now i can only extend my opt after i finish my bachelors or masters degree in nursing. gotta pay the rent and everything, so i kept on working after oct.2009 in a medical clinic. so does this makes me illegal? even though i have in status with my college until i got married. i do not want to lie to the immigration. so i am going to tell them (where it ask for employment hx in last 5yrs in G-325A form). Do u think that can put me in trouble? i am pretty worried! atleast i am paying and filing taxes!

Even my f-1 visa expired on 2007 ( but i stayed in status by going to college). so is it useless for me to apply for I-131 (travel form). i did not understand when u wrote about that u may have to reapply for student visa even if u get that AP form.

did u apply at chicago lockbox facility? is that where i am suppose to apply also?

thanks again friend.... ur grt!

moon

Yes, working without authorization is illegal. I don't think that will necessarily get you in trouble though.. You would definitely be in trouble if you had been using a fake Social Security number, which is considered fraud. But this is probably not the case since you said you have been filing your taxes (which is a good thing!), so it must be at least your own SSN..

USCIS usually forgives minor things when you are married to a US citizen. Of course this is something a lawyer told me. It isn't the law or the rule and I can't guarantee the outcome. Just wanted you to know that

The AP document for AOS purposes is only a permission to leave and come back to the US while your AOS is pending. You still need to have a valid visa to enter. If the visa you used to enter is expired, you will need a new one even if you have AP document.

And I don't even think it is possible to get a new non-immigrant (such as F-1) visa while AOS is pending. So I think in your case, and mine, AP is useless.

Yes, I sent my AOS to the chicago lockbox and so should you.