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Filed: K-1 Visa Country: Scotland
Timeline
Posted

Hello fellow VJers,

I just wanted to get clarification about the AOS paperwork. With me having entered the U.S. on a K-1 visa, does my wife have to complete an i-130 to file along with the me filing the i-465, i-864, G-325a and i-765 for AOS?

Thank you in advance

Gavin

K-1 Visa

02-14-2011 : I-129F Sent

02-18-2011 : I-129F NOA1

06-15-2011 : I-129F NOA

06-30-2011 : NVC Received

07-04-2011 : Consulate Received

07-07-2011 : Packet 3 Received

08-10-2011 : Packet 3 Sent

08-18-2011 : Medical Completed

09-24-2011 : Packet 4 Received

10-14-2011 : Interview Date / Visa Approved

Posted (edited)

No.

However - you may be thinking of the I-131 application to travel document - and that is your choice if you want that.

Most K-1's do it - to allow travel prior to the greencard.

Edited by Bobby+Umit

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Posted

Not unless you did not marry within 90 days.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

Filed: K-1 Visa Country: Scotland
Timeline
Posted

Thank you for your reply.

On our marriage certificate it notes that after the marriage Jackie will be taking my surname. For the purpose of completing the AOS documents should she:

a) Still use her maiden name as her SSN, Bank Information, Passport, Driving Licence etc. are still in this name?

b) Use my surname?

c) Wait and file AOS after she has changed the surname on her SSN, Bank Information, Passport, Driving Licence etc.?

d) A different answer?

K-1 Visa

02-14-2011 : I-129F Sent

02-18-2011 : I-129F NOA1

06-15-2011 : I-129F NOA

06-30-2011 : NVC Received

07-04-2011 : Consulate Received

07-07-2011 : Packet 3 Received

08-10-2011 : Packet 3 Sent

08-18-2011 : Medical Completed

09-24-2011 : Packet 4 Received

10-14-2011 : Interview Date / Visa Approved

Filed: Citizen (apr) Country: Slovenia
Timeline
Posted

You can just go ahead and file AOS in her married name. She can change her name on other documents while waiting for GC.

My Immigration Journey:

K1: June 2010 - December 2010

AOS: April 2011 - June 2011

ROC: April 2013 - August 2013

Naturalization: March 2014 - August 2014

Filed: Citizen (apr) Country: Australia
Timeline
Posted

She puts whatever name she wants on her GC, on the forms.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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