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Filed: Timeline
Posted

Hello all,

Haven't posted in a while.

Ok. Here's a little run down and my question/issue...

Its June 1st.

Fiance and I aren't married yet, we've had some issues.

K-1 VISA expires July 4th. We need to marry soon. We will get married in the Detroit County Clerk's office and get all the paperwork that day. I've double checked this with the county clerk's office.

Fiance's passport is set to expire in December of 2012. All this paperwork seems to take longer than 5 months to take care of.

When we marry, she plans to hyphenate my last name to hers.

Then we must change it at the SSN Office using our Marriage Certificate.

Question 1: Should we re-new her passport with her new name before we begin filling out all the AOS, EAD, and Travel Parole documents?

Question 2: If we re-new her passport, she won't have the VISA in it anymore. But we will still have the old Passport w/ VISA for document filing. Will this cause an issue?

Question 3: Can re-newed passports/new passports have the pages from the old passport added into them, so she would have her VISA and I-94 in her new passport?

Question 4: Is there any issue with renewing her passport with her new hyphenated last name? Will we just need to bring in the Marriage Certificate?

There is a Japanese consulate in Detroit that can re-new her passport in a day.

Please hit me up if you have any ideas or thoughts.

Posted (edited)

1. No.

2. You need to keep the visa until AOS is finished.

etc.

If she can get it done in a day, wait until AOS is over. She can use it until December.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: Timeline
Posted

1. No.

2. You need to keep the visa until AOS is finished.

etc.

If she can get it done in a day, wait until AOS is over. She can use it until December.

Even if the Passport expires during the process?

When should the name on the Passport be changed?

Could the VISA be shoe-horned into the new passport?

Posted

Her passport does not need to be valid for the process. It sounds like you are taking on more than you can chew at one time. Her passport is good until December. Her AOS should be done by or near then.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

Even if the Passport expires during the process?

When should the name on the Passport be changed?

Could the VISA be shoe-horned into the new passport? No, refer to DoS Visa FAQs for more information.

P.S. Google can be your friend.

YMMV.

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

Filed: Citizen (apr) Country: Canada
Timeline
Posted

moved from K-1 Visa forum to AOS forum as this is no longer a K-1 issue but an AOS concern

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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Another Member of the VJ Fluffy Kitty Posse!

Filed: Citizen (apr) Country: Australia
Timeline
Posted

Its June 1st.

Fiance and I aren't married yet, we've had some issues.

K-1 VISA expires July 4th Actually her VISA expired as soon as she entered. The I-94 date matters now. when does her I-94 expire?. We need to marry soon. We will get married in the Detroit County Clerk's office and get all the paperwork that day. I've double checked this with the county clerk's office.

Fiance's passport is set to expire in December of 2012. All this paperwork seems to take longer than 5 months to take care of.

When we marry, she plans to hyphenate my last name to hers.

Then we must change it at the SSN Office using our Marriage Certificate.

Question 1: Should we re-new her passport with her new name before we begin filling out all the AOS, EAD, and Travel Parole documents?

Question 2: If we re-new her passport, she won't have the VISA in it anymore. But we will still have the old Passport w/ VISA for document filing. Will this cause an issue?

Question 3: Can re-newed passports/new passports have the pages from the old passport added into them, so she would have her VISA and I-94 in her new passport?

Question 4: Is there any issue with renewing her passport with her new hyphenated last name? Will we just need to bring in the Marriage Certificate?

1. Doesn't matter.

2. Most countries I know of return the old passport. Is this not true of her country? You should have copies of all the documents anyway and take the original I-94 out before sending it off

3. Not usually no. Different passport number typically plus her different name.

4. Depends on her countries laws.

Filed: Timeline
Posted

""K-1 VISA expires July 4th Actually her VISA expired as soon as she entered. The I-94 date matters now. when does her I-94 expire?. We need to marry soon.""

Sorry, her I-94 expires July 4th.

-Is changing her name during this whole process the way to go or should we wait until her AOS process is complete to avoid confusion? Or would that cause more?

-Which form determines the name that will go onto the Green Card?

-If she changes her name right after ceremony with the SSN, does she fill out all the AOS, EAD, and Travel Parole forms with her new name?

-As for re-newing her passport... During the AOS Interview she will receive the I-551 Stamp. Should she have this stamp put in the passport

that expires Dec 2012 and contains her VISA and I-94 form or should she have a renewed passport ready in time for the interview for the stamp?

1. Doesn't matter. -I'm sorry, I'm not being combative, but why doesn't it matter?

2. Most countries I know of return the old passport. Is this not true of her country? You should have copies of all the documents anyway and take the original I-94 out before sending it off -Yes, the Japanese consulate will return her old passport. And we will have copies.

3. Not usually no. Different passport number typically plus her different name.

4. Depends on her countries laws.

I guess I'm just really nervous about the whole situation. I just want all the "i"s dotted and "t"s crossed. I don't want the whole process derailed because her passport needs to be renewed. It just get the sense that problems will arise if it expires during the AOS process. And I want to know the best route to take.

Getting the K-1 VISA was extremely frustrating even with a lawyer and it didn't help that they gave me wrong information.

Filed: Citizen (apr) Country: Australia
Timeline
Posted

""K-1 VISA expires July 4th Actually her VISA expired as soon as she entered. The I-94 date matters now. when does her I-94 expire?. We need to marry soon.""

Sorry, her I-94 expires July 4th.

1. Is changing her name during this whole process the way to go or should we wait until her AOS process is complete to avoid confusion? Or would that cause more?

2. Which form determines the name that will go onto the Green Card?

3. If she changes her name right after ceremony with the SSN, does she fill out all the AOS, EAD, and Travel Parole forms with her new name?

4. As for re-newing her passport... During the AOS Interview she will receive the I-551 Stamp. Should she have this stamp put in the passport

that expires Dec 2012 and contains her VISA and I-94 form or should she have a renewed passport ready in time for the interview for the stamp?

1. Doesn't matter. -I'm sorry, I'm not being combative, but why doesn't it matter?

I guess I'm just really nervous about the whole situation. I just want all the "i"s dotted and "t"s crossed. I don't want the whole process derailed because her passport needs to be renewed. It just get the sense that problems will arise if it expires during the AOS process. And I want to know the best route to take.

1. Doesn't matter.

2. I-485, well.. all really. Put her married name on all the forms

3. SSN is irrelevant to AOS. If she wants to go by married name, married name on forms

4. She might not get a stamp, they tend not to give those now.

#1 seems to be your sticking point. My AOS forms were filed in married name. GC dated July 1, 2010. My passport was changed in November 2010. My SSN was changed after I got my GC but I'm not sure at what point. It didn't affect my process at all. Her passport could be EXPIRED and they wouldn't care because it's not important. I would make copies of the passport, send AOS forms with that passport, then wait until AFTER biometrics (so she has that ID) and send it off... if it's going to be quick. If it's going to take a while then wait until she has the EAD so she can get state ID and THEN send it off. They won't need it for the interview, they just need her ID.

Posted (edited)

Fill out the forms in her married name. The GC will come in married name. Definitely do this.

It doesn't matter what her SSN says. A lot of people are under the mistaken impression that SSA controls your name. It does not (in fact, SSA waits on USCIS so they are the first people you should tell about the name change by filing the forms in married name). Change the SSN after you get the GC.

She will most likely NOT get a passport stamp. She will just get the card.

Renew her passport in Nov/December.

Here is a very recent thread on this subject. http://www.visajourney.com/forums/topic/370292-name-changes-and-the-order-of-things/

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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

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