AoS Forms questions

[swji89 41]

Hi everyone.

First time dipping into this forum as I've (finally) arrived in the States on my K-1 visa and am looking at the AoS paperwork!

A couple of questions to start with if someone wouldn't mind offering some advice?

I noticed on one of the forms (can't not remember which off the top of my head!) it suggests putting my wife's (well, when she is my wife following this weekend!) maiden name but should I do this for all of the relevant parts on all the forms or should I use her married name on the rest?

Secondly, my wife-to-be's current income is more than enough to reach the required income level for me to have AoS accepted, however, her only proof of this at this point would be the copy of the contract we submitted with the affidavit at my visa interview in London, while she can also dig out some paystubs. While she started this job in August 2014 it isn't covered on the latest tax return but that it would show up on the one she'll get next year? Therefore the tax return we would submit along with the rest of the paperwork would have an income far lower than her current one.

If we cannot prove her income via tax returns, will her contract and pay stubs be enough? Alternatively, should we go down the route of adding the amount in her bank accounts along with a bank letter etc?

Any help much appreciated!

[Nich-Nick 3,354]

On the Affidavit of Support, if you will read through the 13 or so pages of instructions, it will help you not miss any details that the brief forum answers tend to give. I had to read them at least three times myself, marking the part applying to us before it clicked.

Briefly, this I-864 has a lot of rules where your I-134 didn't. Your wife must submit her 2014 tax return...good or bad. Her income on it does not have to be over the poverty line if she can submit additional documentation showing her CURRENT income. The instructions refer to that as optional information and gives some suggestions. In her case, she needs to because the tax return doesn't prove enough. I believe it suggests 6 as the number of pay slips. Read it and see what the source says.

On her name--

It doesn't really matter what name she uses because you are the one getting a greencard and need your name to be correct and she is just a supporting character in the scene. The USCIS is smart enough to know she just got married and things like tax returns or pay stubs would be in her maiden name and now she is using your name. They adjust K1s newlyweds all the time. So you can use maiden or married name on the forms because it doesn't really matter. But be consistent and use the same name on every form. I would pick married name because in two years when you need to remove conditions or later when you apply for citizenship, your wife will be well established as Mrs. MarriedName. Then you will post...I adjusted status with my wife using her maiden name. Should she continue to use the maiden name for this step, even though her IDs all have her married name? I say get on with using the married name from the get-go. The day you marry, she can legally use your name. That's just my opinion. Others will disagree and either is correct really.

[swji89 41]

Thank you for the reply and sorry for such a delayed response from myself - getting here, getting married and going on honeymoon all happened within a two-week period!

Have no fear I did indeed read the instructions multiple times (and have done so again since) - I just wanted some reassurance as what you said is how I interpreted it all, just good to see that someone else is getting the same end of the stick from the laborious instructions!