Questions about last name and forms

[theintersect 11]

Hey everybody!

It's been quite awhile since I updated information here and I feel kind of bad. Everything for our K-1 was approved and the past couple of months have been a whirlwind. I have a few questions about AOS.

1. I (the sponsor) changed my last name when I got married. I have not changed names on my passport, drivers license or social security card. Should I use my "maiden" name on the I-485 or use my married name?

2. We are filing our AOS paperwork a little late. If the K-1 visa is valid through the 22nd of March should I go ahead and overnight the AOS application to get to the lockbox before the 22nd of March?

3. Can anyone confirm the proper address for Sending the AOS paperwork too, specifically the I-485?

I know these questions might already be answered somewhere else but I don't have a lot of time to sift through the forums and find the information. Any help will be appreciated.

Thank you!

[Pheebs1201 269]

1.) Not sure, hopefully someone else will chime in, I would be inclined to use married name.

2.) Late AOS will be forgiven, some people take over a year to file, so don't worry

3.) Filing: http://www.uscis.gov/i-485-addresses

USCIS Chicago Lockbox

For U.S. Postal Service (USPS) deliveries:

USCIS
PO Box 805887
Chicago, IL 60680-4120

For Express mail and courier deliveries:

USCIS
Attn: FBAS
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517

[theintersect 11]

Thank you so much Pheebs! Hopefuly someone else will chime in on the name question.

1.) Not sure, hopefully someone else will chime in, I would be inclined to use married name.

2.) Late AOS will be forgiven, some people take over a year to file, so don't worry

3.) Filing: http://www.uscis.gov/i-485-addresses

USCIS Chicago Lockbox

For U.S. Postal Service (USPS) deliveries:

USCIS
PO Box 805887
Chicago, IL 60680-4120

For Express mail and courier deliveries:

USCIS
Attn: FBAS
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517

[KayDeeCee 4,893]

1. Either name is fine really. It doesn't matter much for the USC petitioner/sponsor. If you are changing your name through marriage, then you can go ahead and use it. If you will wait to change it, then it is fine to use maiden for now. I used my name before marriage for the AOS forms and then by the time my husband filed for ROC, I had gone ahead and changed my name to his last name and used it on those forms. No issues.

2. There is no such thing as a late filing for AOS. There is no deadline to file for AOS as long as you married within 90 days of entry via the K-1, you are eligible to file for AOS.

3. Link and address already provided.

[amartins 11]

1. I (the sponsor) changed my last name when I got married. I have not changed names on my passport, drivers license or social security card. Should I use my "maiden" name on the I-485 or use my married name?

I would recommend that you use your married name. This is because, by the time that you're going to show up for an interview, you're going to have to present photo ID, and why not have it match? By the date of your interview, you will presumably have sorted out your name everywhere. I don't suppose that using your maiden name would ruin anything, and the USCIS employee could just glance at your marriage license to confirm that you're the same person, but then the obvious question is, if you're in a bona fide marriage wherein you have taken your spouse's surname as your own, why haven't you actually changed it anywhere?

Further, if you're in Texas and have been married for more than 30 days, you're late in changing your driving license, according to the Texas Department of Public Safety.

Individuals who want to change their name must:

1. Visit any driver license office within 30 days of the change; and
2. Provide a document that verifies the name change. The document must be an original, not a copy. If the document is not in English, then a certified English translation must also be submitted with the original.

Marriage-Related Name Change

If a name change is marriage related, bring one of the following documents:

1. Marriage license
   1. Because the state of Texas does not recognize same-sex marriage DPS cannot accept same-sex marriage licenses.
2. Divorce decree
3. Spouse’s death certificate

(BTW, that whole need to specify 1.a. thing is one of the reasons that people hate Texas—but my anger is not directed at you, OP.)

In California, at least, I was required to change my name with the SSA at least 24 hours before updating my driving license, as the DMV verifies with the SSA's system, but I don't know if Texas is the same.