K-1 approved, married, filing for Adjustment of Status

[Danielle and Jake 24]

Hey all,

Jake here, thanks to everyone here for helping Danielle and I out during this K-1 Visa process, it really means a lot of us. We got married about two weeks ago (she entered the U.S. on July 20th, visa expires October 17th), and we will be receiving our marriage certificate soon (already got it but they mispelled some stuff so we had to send it back). Sorry if this is in the wrong spot on this site, but I was hoping we could get some help regarding the Adjustment of Status process.

1.) First off, a general question when filing these forms. Danielle is the K-1 Visa holder, so clearly she is going to be the one on all these forms, but when it comes to filling them out, which last name does she use? She is taking my last name in the marriage, so should we fill out the paperwork as such? Or should she use her maiden name? I've read to just use my name that she's taking, otherwise she'll get her green card with her maiden name and we'll have to change it later. I've been told by others that they can "do the math" when seeing her visa and birth certificate have her maiden name, and the forms are with my last name, because we include the marriage certificate with our paperwork.

2.) Secondly, with the I-485 (Adjustment of Status / Permanent Resident):

There needs to be an I-864 (Affidavit of Support) filed with it, and I assume that's to show that I (the sponsor) have sufficent income to support Danielle, which I meet that requirement no problem. I ask because the form instructions aren't super clear on who exactly files it, and I want to make sure whether I fill it out or Danielle does.

I have also read on the insturctions I might need to submit the copy of our I-129 Petition approval form (I-797 Notice of Action), which I do have, just don't know if that's required, and if so whether it's the actual document or a photocopy (the instructions do say unless otherwise specified, a photocopy will suffice.

3.) Thirdly, with the I-765 (Employment Authorization):

My main inquiry is regarding question # 16 "Eligibility Category (Who May File Form I-765)". I assume she's eligible, and I think the correct thing to put for this is (a)(6), but there's another eligibility for ©(9) if I have filed the I-485. Seeing I am filing both of these at the same time, which one do I use? I am thinking ©(9) because technically Danielle will be an "Adjustment Applicant".

4.) Lastly, with the I-131 (Application for Travel Document):

I understand during the AoS status, Danielle can't go back and forth between Canada until she is a Permanent Resident here in the States.I've read this is a form I fill out so she can travel there and come back once. Only thing is, at this moment, we do not know of any specific travel plan for her to return to Canada during the AoS process, and the form asks for travel dates. Would it be best just to pass on this and fill it out when the time comes to travel?

Thanks for reading and thanks in advance for any help with this, we greatly appreciate it!

- Jake

[ChicagoSarah 127]

Hey all,

Jake here, thanks to everyone here for helping Danielle and I out during this K-1 Visa process, it really means a lot of us. We got married about two weeks ago (she entered the U.S. on July 20th, visa expires October 17th), and we will be receiving our marriage certificate soon (already got it but they mispelled some stuff so we had to send it back). Sorry if this is in the wrong spot on this site, but I was hoping we could get some help regarding the Adjustment of Status process.

1.) First off, a general question when filing these forms. Danielle is the K-1 Visa holder, so clearly she is going to be the one on all these forms, but when it comes to filling them out, which last name does she use? She is taking my last name in the marriage, so should we fill out the paperwork as such? Or should she use her maiden name? I've read to just use my name that she's taking, otherwise she'll get her green card with her maiden name and we'll have to change it later. I've been told by others that they can "do the math" when seeing her visa and birth certificate have her maiden name, and the forms are with my last name, because we include the marriage certificate with our paperwork.

2.) Secondly, with the I-485 (Adjustment of Status / Permanent Resident):

There needs to be an I-864 (Affidavit of Support) filed with it, and I assume that's to show that I (the sponsor) have sufficent income to support Danielle, which I meet that requirement no problem. I ask because the form instructions aren't super clear on who exactly files it, and I want to make sure whether I fill it out or Danielle does.

I have also read on the insturctions I might need to submit the copy of our I-129 Petition approval form (I-797 Notice of Action), which I do have, just don't know if that's required, and if so whether it's the actual document or a photocopy (the instructions do say unless otherwise specified, a photocopy will suffice.

3.) Thirdly, with the I-765 (Employment Authorization):

My main inquiry is regarding question # 16 "Eligibility Category (Who May File Form I-765)". I assume she's eligible, and I think the correct thing to put for this is (a)(6), but there's another eligibility for ©(9) if I have filed the I-485. Seeing I am filing both of these at the same time, which one do I use? I am thinking ©(9) because technically Danielle will be an "Adjustment Applicant".

4.) Lastly, with the I-131 (Application for Travel Document):

I understand during the AoS status, Danielle can't go back and forth between Canada until she is a Permanent Resident here in the States.I've read this is a form I fill out so she can travel there and come back once. Only thing is, at this moment, we do not know of any specific travel plan for her to return to Canada during the AoS process, and the form asks for travel dates. Would it be best just to pass on this and fill it out when the time comes to travel?

Thanks for reading and thanks in advance for any help with this, we greatly appreciate it!

- Jake

Congratulations!

1 - Use her married last name. Don't assume USCIS can ever "do the math"

2 - You fill it out as her USC sponsor, and a copy of the I-129 approval notice should suffice

3 - C9

4 - You file the I-131 AP paperwork in conjunction with the EAD and AOS paperwork (it will be free, along with the EAD with a pending AOS application). You don't need a specific reason. I think we put "potential visit to family" and were approved the EAD/AP combo card just fine. Definitely file this form as AOS/Green Card can take a year+

You seem to be very much on the right track! Good luck!

[TrixieStep 10]

On the 131, in Part 7, it has a box for "more than one trip". For "intended date of departure", we used dates we thought we'd be going over to see his family in Scotland. They weren't exact dates, just an idea. I wouldn't recommend skipping the 131 in the event of an emergency. It's free, file it. Best of luck!

[Danielle and Jake 24]

Congratulations!

1 - Use her married last name. Don't assume USCIS can ever "do the math"

2 - You fill it out as her USC sponsor, and a copy of the I-129 approval notice should suffice

3 - C9

4 - You file the I-131 AP paperwork in conjunction with the EAD and AOS paperwork (it will be free, along with the EAD with a pending AOS application). You don't need a specific reason. I think we put "potential visit to family" and were approved the EAD/AP combo card just fine. Definitely file this form as AOS/Green Card can take a year+

You seem to be very much on the right track! Good luck!

Thank you so much for the quick reply.

I am still a little confused on the name part, becvause you said "married name". Before Danielle and I got married, she was Danielle P. and I am Jake K., and she plans on taking my last name (which is shown on the marriage certificate) and go by Danielle K. Obviously her passport, visa, etc. all have Danielle P. on it, but I've read we file all this paperwork with her new name, Danielle K. on it, because we are providing a marriage certificate with it, and my full name, Jake K. is on all the paperwork as well.

Sorry if I am being confusing, I'd jhust rather not disclose our full last names.

[Unidentified 2,930]

Thank you so much for the quick reply.

I am still a little confused on the name part, becvause you said "married name". Before Danielle and I got married, she was Danielle P. and I am Jake K., and she plans on taking my last name (which is shown on the marriage certificate) and go by Danielle K. Obviously her passport, visa, etc. all have Danielle P. on it, but I've read we file all this paperwork with her new name, Danielle K. on it, because we are providing a marriage certificate with it, and my full name, Jake K. is on all the paperwork as well.

Sorry if I am being confusing, I'd jhust rather not disclose our full last names.

They won't ask for her passport information and they don't care if she has another name on her ID cards. She should file in her married name because that's what will be on her Green Card and that's her legal name now after marriage even if she haven't changed it on her cards yet.

When I went to the local USCIS office to get emergency AP they did everything in my maiden name and I asked them if I did it correctly when I filled my AOS in my married name and they said yes. They didn't tell me why they did the emergency thing in my maiden name. I only know they looked at my birth certificate and wrote that name down and then said if i renew my passport while I'm gone to match my new name I should show them a copy of my marriage license. Yes, I know, not relevant to your case but my point is they told me I did it right by using my married name

And we understood you fully and you're doing the right thing by not putting your full names on here, you should never do so

[Danielle and Jake 24]

They won't ask for her passport information and they don't care if she has another name on her ID cards. She should file in her married name because that's what will be on her Green Card and that's her legal name now after marriage even if she haven't changed it on her cards yet.

When I went to the local USCIS office to get emergency AP they did everything in my maiden name and I asked them if I did it correctly when I filled my AOS in my married name and they said yes. They didn't tell me why they did the emergency thing in my maiden name. I only know they looked at my birth certificate and wrote that name down and then said if i renew my passport while I'm gone to match my new name I should show them a copy of my marriage license. Yes, I know, not relevant to your case but my point is they told me I did it right by using my married name

And we understood you fully and you're doing the right thing by not putting your full names on here, you should never do so

Thanks! Looking over the I-485 (AoS), there is a section to enter your name "Exactly as it appears on oyur I-94" (which you can get those printed from online thankfully), so that will have her maiden name. So yeah, I would figure it would be fairly obvious that she is taking my last name.

Also, I am curious, what's emergency AP? I am kind of concerned with processing times of this (the visa envelope said 12-18 months, holy #######!), and as I said, her visa technically expires October 17th, 2015. Is there anything I should be concerned with? From my understanding, she is good so long as our application is "pending" and when/if it's approved then there's no issue.

That's my other thing, I always get nervous as heck with these things, thinking all these "What ifs" like the United States isn't going to accept her and everything was for nothing. We have nothing to be worried about, we have all our ducks in a row, everything is legit, but I still get paranoid and scared they'll deny us.

[Zedayn 485]

Hey all,

Jake here, thanks to everyone here for helping Danielle and I out during this K-1 Visa process, it really means a lot of us. We got married about two weeks ago (she entered the U.S. on July 20th, visa expires October 17th), and we will be receiving our marriage certificate soon (already got it but they mispelled some stuff so we had to send it back). Sorry if this is in the wrong spot on this site, but I was hoping we could get some help regarding the Adjustment of Status process.

1.) First off, a general question when filing these forms. Danielle is the K-1 Visa holder, so clearly she is going to be the one on all these forms, but when it comes to filling them out, which last name does she use? She is taking my last name in the marriage, so should we fill out the paperwork as such? Or should she use her maiden name? I've read to just use my name that she's taking, otherwise she'll get her green card with her maiden name and we'll have to change it later. I've been told by others that they can "do the math" when seeing her visa and birth certificate have her maiden name, and the forms are with my last name, because we include the marriage certificate with our paperwork.

2.) Secondly, with the I-485 (Adjustment of Status / Permanent Resident):

There needs to be an I-864 (Affidavit of Support) filed with it, and I assume that's to show that I (the sponsor) have sufficent income to support Danielle, which I meet that requirement no problem. I ask because the form instructions aren't super clear on who exactly files it, and I want to make sure whether I fill it out or Danielle does.

I have also read on the insturctions I might need to submit the copy of our I-129 Petition approval form (I-797 Notice of Action), which I do have, just don't know if that's required, and if so whether it's the actual document or a photocopy (the instructions do say unless otherwise specified, a photocopy will suffice.

3.) Thirdly, with the I-765 (Employment Authorization):

My main inquiry is regarding question # 16 "Eligibility Category (Who May File Form I-765)". I assume she's eligible, and I think the correct thing to put for this is (a)(6), but there's another eligibility for ©(9) if I have filed the I-485. Seeing I am filing both of these at the same time, which one do I use? I am thinking ©(9) because technically Danielle will be an "Adjustment Applicant".

4.) Lastly, with the I-131 (Application for Travel Document):

I understand during the AoS status, Danielle can't go back and forth between Canada until she is a Permanent Resident here in the States.I've read this is a form I fill out so she can travel there and come back once. Only thing is, at this moment, we do not know of any specific travel plan for her to return to Canada during the AoS process, and the form asks for travel dates. Would it be best just to pass on this and fill it out when the time comes to travel?

Thanks for reading and thanks in advance for any help with this, we greatly appreciate it!

- Jake

1. You will use her married name on all AOS forms. She changed her name at the time of the marriage, and that is the name she should use from now on. The marriage certificate is proof of the legal name change.

2. The sponsor will fill out and sign the I-864. If you take a look at the I-864 instructions, it states on page 1 who needs to submit form I-864:

The following immigrants are required by law to submit Form I-864 by the petitioner....

Petitioner in this sense means the original petitioner of the I-129F petition.

Yes the petition approval notice is a required document. Page 4, 2nd column of the I-485 instructions states:

10. Evidence of eligibility

B. Based on admission as the K-1 fiancé(e) of a U.S. citizen and subsequent marriage to that citizen

Attach a copy of the fiancé(e) petition approval notice, a copy of your marriage certificate, and your Form I-94, Arrival/Departure Document.

3. The correct category is C 9. As long as your EAD is filed with the AOS application, or filed at a later date, the fee is waived and you will use the C 9 category.

4. No reason is ever needed when filing AP as an adjustment applicant. You can write UNKNOWN for date of travel and length of trip. You do not need to list a reason, in fact you leave that part blank. I would suggest taking a look at the example form and yours when it is finished should look very similar.

I always highly recommend filing the AP application with your EAD, if anything for an emergency situation. It is better to have it and not need it, then need it and not have it. My wife has the EAD/AP combo card, and never used the AP on it, she has her green card now.

[Unidentified 2,930]

Thanks! Looking over the I-485 (AoS), there is a section to enter your name "Exactly as it appears on oyur I-94" (which you can get those printed from online thankfully), so that will have her maiden name. So yeah, I would figure it would be fairly obvious that she is taking my last name.

Also, I am curious, what's emergency AP? I am kind of concerned with processing times of this (the visa envelope said 12-18 months, holy #######!), and as I said, her visa technically expires October 17th, 2015. Is there anything I should be concerned with? From my understanding, she is good so long as our application is "pending" and when/if it's approved then there's no issue.

That's my other thing, I always get nervous as heck with these things, thinking all these "What ifs" like the United States isn't going to accept her and everything was for nothing. We have nothing to be worried about, we have all our ducks in a row, everything is legit, but I still get paranoid and scared they'll deny us.

Yes and one of the other forms actually specifically asks for her maiden name so it's completely fine.

Emergency Advance Parole is a travel authorization you get in emergencies. I really recommend filling out the I-131 for travel authorization so she can travel. Emergency Advance Parole is if you have to travel to your home country if something really bad happens like death in the family and you don't have an approved I-131.

It doesn't matter that her visa expires in October if you're married and if they approved her K1 there's really no point for them to deny her now

[Danielle and Jake 24]

Yes and one of the other forms actually specifically asks for her maiden name so it's completely fine.

Emergency Advance Parole is a travel authorization you get in emergencies. I really recommend filling out the I-131 for travel authorization so she can travel. Emergency Advance Parole is if you have to travel to your home country if something really bad happens like death in the family and you don't have an approved I-131.

It doesn't matter that her visa expires in October if you're married and if they approved her K1 there's really no point for them to deny her now

Thanks for the good vibes, appreciate it!

[Danielle and Jake 24]

1. You will use her married name on all AOS forms. She changed her name at the time of the marriage, and that is the name she should use from now on. The marriage certificate is proof of the legal name change.

2. The sponsor will fill out and sign the I-864. If you take a look at the I-864 instructions, it states on page 1 who needs to submit form I-864:

The following immigrants are required by law to submit Form I-864 by the petitioner....

Petitioner in this sense means the original petitioner of the I-129F petition.

Yes the petition approval notice is a required document. Page 4, 2nd column of the I-485 instructions states:

10. Evidence of eligibility

B. Based on admission as the K-1 fiancé(e) of a U.S. citizen and subsequent marriage to that citizen

Attach a copy of the fiancé(e) petition approval notice, a copy of your marriage certificate, and your Form I-94, Arrival/Departure Document.

3. The correct category is C 9. As long as your EAD is filed with the AOS application, or filed at a later date, the fee is waived and you will use the C 9 category.

4. No reason is ever needed when filing AP as an adjustment applicant. You can write UNKNOWN for date of travel and length of trip. You do not need to list a reason, in fact you leave that part blank. I would suggest taking a look at the example form and yours when it is finished should look very similar.

I always highly recommend filing the AP application with your EAD, if anything for an emergency situation. It is better to have it and not need it, then need it and not have it. My wife has the EAD/AP combo card, and never used the AP on it, she has her green card now.

Thank you so much for clearly putting everything and even citing specific parts of documents. Guess I should have read more lol, but I've been pretty burnt out lately from the wedding, family, and work, but I really do appreciate it, it's extremely helpful!

Just to confirm, can I submit a photocopy of the peition approval? Also the only I-94ish form she has is in her passport, an I-94A, but I've been informed I can go online and view her full I-94 online (which I have looked at) and just print that out. Is that acceptable?

That was the other thing I was gonna ask, about the fee(s). Since I am filing everything at once, I just pay the AoS fee.

Thanks again!

[Unidentified 2,930]

Thank you so much for clearly putting everything and even citing specific parts of documents. Guess I should have read more lol, but I've been pretty burnt out lately from the wedding, family, and work, but I really do appreciate it, it's extremely helpful!

Just to confirm, can I submit a photocopy of the peition approval? Also the only I-94ish form she has is in her passport, an I-94A, but I've been informed I can go online and view her full I-94 online (which I have looked at) and just print that out. Is that acceptable?

That was the other thing I was gonna ask, about the fee(s). Since I am filing everything at once, I just pay the AoS fee.

Thanks again!

Yes, you should always keep the originals for yourself.

I thought they stopped issuing paper I-94 about 5 years ago?? Yes, you can defiently go online and print it, I think that's what we all do.

Yes, if you file all forms at once you will only pay $1070 which is for the AOS.

[Danielle and Jake 24]

Yes, you should always keep the originals for yourself.

I thought they stopped issuing paper I-94 about 5 years ago?? Yes, you can defiently go online and print it, I think that's what we all do.

Yes, if you file all forms at once you will only pay $1070 which is for the AOS.

Thanks for the answers!

Another question I have, which may not be able to be answered fully, is how long would this all take? The envelope her visa stuff was in said "12-18 months", but I've read elsewhere it's like 3-4, and I've also heard it depends on the country, and hers being Canada, the processing time would likely be less.

Also, does that mean she might not be able to work until then, or does the EAD process seperately than the AOS? Once we get her EAD, we can go get her a Social Security Number, otherwise I think they'll deny us a "non-working SSN" because we have no proof she needs one.

Finally, eventually we want to get her a state ID / driver's license, and part of that is some proof that she has a "stay of at least 6 months with at least 3 remaining" or something like that. Is that represented on any documents I recieve back after filing for AOS?

[Unidentified 2,930]

Thanks for the answers!

Another question I have, which may not be able to be answered fully, is how long would this all take? The envelope her visa stuff was in said "12-18 months", but I've read elsewhere it's like 3-4, and I've also heard it depends on the country, and hers being Canada, the processing time would likely be less.

Also, does that mean she might not be able to work until then, or does the EAD process seperately than the AOS? Once we get her EAD, we can go get her a Social Security Number, otherwise I think they'll deny us a "non-working SSN" because we have no proof she needs one.

Finally, eventually we want to get her a state ID / driver's license, and part of that is some proof that she has a "stay of at least 6 months with at least 3 remaining" or something like that. Is that represented on any documents I recieve back after filing for AOS?

3-4 is for Work authorization and travel. Expect it to take about a year.

She would be able to get a SSN before the EAD and she should get one because she will need it. She can use the EAD for getting a driver's license as well.

[Ontarkie 14,224]

~~Moved to AOS Family from K1 P&P ~~

[Danielle and Jake 24]

3-4 is for Work authorization and travel. Expect it to take about a year.

She would be able to get a SSN before the EAD and she should get one because she will need it. She can use the EAD for getting a driver's license as well.

Dang, a year, that sucks, but do things by the book. 3-4 months to work would take us into next year, which may benefit it for tax purposes, nice and clean cut year-wise.

As for a SSN before EAD, why would she need it? We do plan on getting a "non-working" SSN as soon as we get our marriage certificates, but even on the SS-5 form, I read that we need to show proof of her needing one, which I don't really know what that would be. Clearly she's not going ot have a SSN to put on the AOS and EAD forms, because we're doing all this paperwork roughly the same time.