Who files for AOS?

[piastecki 0]

short question: do I (the k1 visa holder) file for AOS or would my then husband have to fill out those forms, sign and mail them?

Also, do I have to renew my foreign passport asap after I get married because of the name change?

Thanks in advance!

[skooter85 7]

The K1 visa holder files for the AOS. You'll need information from the petitioner (your husband in this case) but it's ultimately you who will need to file and sign them.

You do not need to renew your foreign passport but be prepared to provide proof (like your marriage certificate) that shows when and how your name changed.

[piastecki 0]

I thought my passport wouldn't be valid anymore when I change my name..

What if I decided to travel back to my homecountry after AP has been approved? Would I then need a new passport with my new name?

[Umka36 781]

What people do is buy the airplane ticket in the name on their passport, but carry their AP and a copy of their marriage certificate when traveling.

[piastecki 0]

Would my new name be on the AP?

[Merrytooth 5,748]

If you are taking your spouse's last name after marriage, make sure you fill up the USCIS forms with your new name, then the Green Card, EAD/AP combo card will be issued in your new name.

[piastecki 0]

In the guides it only said to fill out I-485 with the new name but what about the other forms?

[Merrytooth 5,748]

The new name after marriage (as stated in the marriage certificate) will be your legal name, so fill up all the forms (I-485, I-693, I-864, I-131, I-765.. etc) in your new name.

Apply to your SSN application, US driver license, new US bank accounts... etc.

[piastecki 0]

Thank you so much guys!!!

[Dave&Roza 748]

In the guides it only said to fill out I-485 with the new name but what about the other forms?

You complete the forms as you want the name to apprear on the card issued by the USCIS--i.e. I-485 for the green card (GC), I-765 for employment authorization document (EAD) and I-131 for advance parole (AP) all can be filed with the I-485 adjustment of status (AOS) and are included in the $1070 fee. As the foreign immigrant, it is you who must file all forms associated with your journey. This includes the Removal of Conditions (ROC) on your conditional permenant residency status--you file the ROC 90 days before your GC expires--and citizenship.

For international travel you use your passport and the name on the ticket must match the name on the passport. It is up to you as to when you get a new passport with your married name. If you plan to get USC and your passport is valid beyond that time period, you can keep your current passport. The only issue is that your GC or AP will be in your married name--assuming you completed the forms with your married name--and your passport will stil be in your maiden name. To help the airline people understand you are the same person, you will show them your passport, GC (or AP) and Marriage Certificate. This will not be much of an issue as EU country citizens can pretty much come to the US at will and do not get much scrunity by the airlines to show a valid entry document--i.e tourist visa or GC or AP.

Most issues and problems with international travel start at the airlines as they will not allow you to board the airplane back to the US without being completely sure you will be admitted. That is why they want to see a valid visa, or GC or AP or VWP.

File for AOS and complete all forms in your married name if that is what you are planning to use in the future. You husband will need to complete the I-864 as part of your AOS package.

Good luck,

Dave

[piastecki 0]

Thanks so much for all the answers!!

Another question I have is what if I move during the process of AOS? Do I just notify USCIS about my new address? My fiancé is in the Marine Corps therefore we don't have a house yet until we're married so the place where I will be staying when I get to the US will only be my temporary address!

[KayDeeCee 4,896]

http://www.uscis.gov/addresschange