Filed for AOS. Now what??

[DelmondoLove 0]

Hi everyone,

We sent off our AOS papers. USPS let us know it was delivered yesterday. I still have not received E-Notification yet nor has the fee been taken out of my bank account. What do we expect from here? What are the steps to take?

Note: We got married within 90 days of arrival. But we just filed AOS, and it has been 6 months since my foreign fiancee arrived, so her I-94 is expired. We had to save up the $1000 to file, this is why it took so long...

We did not apply for SSN before her I-94 expired (we did not know to do this, or were too caught up in each other since we were finally with each other). So, do we have to wait for AOS to be complete before she is able to have a Social Security number?? Or, what are our options?

Also, we are a same sex couple. She would like to take my last name. What steps and in what order should we take??

PLEASE help us. ALL help is appreciated.

THANKS

[sweet cakes 326]

Hi everyone,

We sent off our AOS papers. USPS let us know it was delivered yesterday. I still have not received E-Notification yet nor has the fee been taken out of my bank account. What do we expect from here? What are the steps to take?

Note: We got married within 90 days of arrival. But we just filed AOS, and it has been 6 months since my foreign fiancee arrived, so her I-94 is expired. We had to save up the $1000 to file, this is why it took so long...

We did not apply for SSN before her I-94 expired (we did not know to do this, or were too caught up in each other since we were finally with each other). So, do we have to wait for AOS to be complete before she is able to have a Social Security number?? Or, what are our options?

Also, we are a same sex couple. She would like to take my last name. What steps and in what order should we take??

PLEASE help us. ALL help is appreciated.

THANKS

It may take up to 30 days for uscis to send a notification that they have received your application, but normally, it doesn't take that long. 1-2 weeks from receipt is the average. Once your check is cashed, e-notification should be received within 2 days (if you filed G-1145, of course ). Then from there, give it approxmately another 5 business days for the actual NOA to arrive.

SSN is not a requirement in applying for AOS. So no need to worry about that. She can apply for SSN once she received her EAD/AP card.

Not very familiar with name change for same-sex couple. I will let others comment about that.

Edited June 12, 2014 by sweet cakes

[DelmondoLove 0]

thanks for the info sweet cakes. Do you know about how long it will take to receive EAD / AP card? we would like for her to have a SSN number as soon as possible.

Thanks!

from your timeline it looks about 2 months. thanks

[Pitaya 2,577]

thanks for the info sweet cakes. Do you know about how long it will take to receive EAD / AP card? we would like for her to have a SSN number as soon as possible.

Thanks!

from your timeline it looks about 2 months. thanks

The general forum estimate is 60-90 days.

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

[lil2be 11]

Depends on your local office. You can look up on their website what month are they working on. It might be faster than the time line they show.

[Pitaya 2,577]

~Moved from K-1 Process to Family-based AOS Progress Forum~

~Inquiry about AOS filing, past K-1~

[sweet cakes 326]

thanks for the info sweet cakes. Do you know about how long it will take to receive EAD / AP card? we would like for her to have a SSN number as soon as possible.

Thanks!

from your timeline it looks about 2 months. thanks

As mentioned by A&B, the average is 60 - 90 days, but recent timelines suggest it's more like 70-80 days from the day you received your NOA. so it's 3 months.

Btw, I checked your timeline, and you only indicated filing for I-485. I hope your wife also filed for I-765 (EAD) and I-131 (AP) with the AOS package.

Edited June 12, 2014 by sweet cakes

[Girl from Celebes 588]

Please join this AOS June filers:

http://www.visajourney.com/forums/topic/499104-may-and-june-2014-aos-filers/page-2#entry7071604

[Caryh 5,206]

Hi everyone,

Also, we are a same sex couple. She would like to take my last name. What steps and in what order should we take??

PLEASE help us. ALL help is appreciated.

THANKS

Name changes after marriage are control by state laws. Here's a description of the legal name change procedure after marriage in North Carolina. It does not appear very K-1 friendly though. SSA is most likely not going to issue a card in her married name until the Green Card is issued in her married name. You did apply to adjust status under her married name I hope? If not you've basically lost your chance to change her name at this point, unless you can get them to accept an updated petition specifying her new name. Many use the maiden name on the I-485 and then later find out they're stuck using the maiden name legally.

http://info.legalzoom.com/change-name-after-marriage-north-carolina-20225.html

[DelmondoLove 0]

Oh no. I do not like what I hear about the name change. We couldn't change her name unless we got a SSN and we havent at this point. We married within 90 days. And we just filed AOS and she has been here 6 months now.

the AOS is in her given name, as there has been no name changes. During our interview or sending in additional paperwork - is there anyway she can take my name??

[Caryh 5,206]

Oh no. I do not like what I hear about the name change. We couldn't change her name unless we got a SSN and we havent at this point. We married within 90 days. And we just filed AOS and she has been here 6 months now.

the AOS is in her given name, as there has been no name changes. During our interview or sending in additional paperwork - is there anyway she can take my name??

I was afraid of that, which is why I mentioned it. Make a new copy of the all the forms using her married name. Hopefully you kept copies of the originals to make this easier. Include a photocopy of the NOA1, and a brief letter explaining you had made an error in the original forms and used her maiden name, when you meant to use her married name. Send the form to the USCIS service center handling your petition. This might, its not a sure thing, catch up to the original petitions and get her married name on her cards. You didn't mention if she applied for the EAD and AP, but include those forms to, if you originally failed to do so. They are free with the AOS.

BTW without being able to look up your spouse in the USCIS database, they would not be able to confirm the married name in any case, and would likely only issue her an SS card in her maiden name.

Edited June 12, 2014 by Caryh

[DelmondoLove 0]

Dr. Pervy - she has not legally changed her name yet. We are a same sex couple. We did not file for SSN witihin 90 days. She does not have a SSN number. We only got married within 90 days and filed AOS this week (6 months after her arrival)

as far as things stand right now, she still has her maiden name. we have not changed it.

would re-sending in the AOS forms still be a good idea?

or once she has her green card perhaps we can change it after that

and yes, we filed all the other forms as well for employment, etc. im not sure of the exact names.

[Caryh 5,206]

Dr. Pervy - she has not legally changed her name yet. We are a same sex couple. We did not file for SSN witihin 90 days. She does not have a SSN number. We only got married within 90 days and filed AOS this week (6 months after her arrival)

as far as things stand right now, she still has her maiden name. we have not changed it.

would re-sending in the AOS forms still be a good idea?

or once she has her green card perhaps we can change it after that

and yes, we filed all the other forms as well for employment, etc. im not sure of the exact names.

You need to wait until you have the NOA1 in order to resubmit the new forms. You can pay for and apply for a change after the card is issued.

See option E of the I-90 form, legal change of name, it will cost $450. This is an error not caused by USCIS.

http://www.uscis.gov/i-90

Your best bet is still to try to get the new forms accepted once you have your NOA1's in hand.

[DelmondoLove 0]

"Your best bet is still to try to get the new forms accepted once you have your NOA1's in hand."

is this still correct even though we have not changed her name to my name?? our marriage certificate has both of our maiden names. She does not have a SS card or number. we have not had a name change. So i can submit forms that have my last name on it, though her last name is not my last name at the moment...

please advise

[Caryh 5,206]

"Your best bet is still to try to get the new forms accepted once you have your NOA1's in hand."

is this still correct even though we have not changed her name to my name?? our marriage certificate has both of our maiden names. She does not have a SS card or number. we have not had a name change. So i can submit forms that have my last name on it, though her last name is not my last name at the moment...

please advise

Establishing a new name after marriage varies by state. Many states expect you to just go about changing your ID's and SS number by bringing in your marriage certificate and saying I got married, I want to go by that name now. With immigrants this can be a bit tough, as they cannot get an SS card or ID until such time as the USA government gives them that legal permission to be here. This was easier back before all the check they're not illegal laws started going into place. Now the main way a new immigrant on a K-1 visa entry gets their married name recognised legally is by getting their EAD and green card in the married name. Until they do this, they cannot establish that new married name.

Edited June 12, 2014 by Caryh