Not sure where to start with AOS (UK-USA)

[KMG15 0]

Hi

My new husband and I are very confused as where to start with AOS for myself and my daughter (K1 & K2) and I have a few questions. We had an informal ceremony at home to comply with the 90 day rule but our big family/friends reception is in February.

1) When would you recommend that I change my surname to my husband's surname? As not to confuse names on my documents/passport/visa etc.

2) Do I need anything other than form I -94 and relevant ID for SSN and should I apply before or after we do the AOS?

3) I have read that as we had our medical exams in September, we will not need to take another one. What documents do I need to prove that our last exam is still valid?

4) Do we fill in separate Affidavit of Support forms for myself and my daughter?

5) My father in law was a joint sponsor in the original petition (although my husband met the financial guideline, we wanted to have a sponsor just in case as my husband is self employed) do we file separate Affidavits for our sponsor or just one between myself and my daughter?

We hired a lawyer to help the original process but are unable to instruct for AOS so any advice would be greatly appreciated.

Thank you

[Ryan H 3,834]

Answers:

1. Whether or not you change your name is your own choice, it's not something you're required to do nor will it matter where immigration is concerned.
2. Others can answer.
3. Others can answer.
4. Yes
5. If your father in-law is going to be a joint sponsor, he will need to file an I-864 along with others that will be filed.

[Hypnos 6,578]

How legal was your informal ceremony?

[KayDeeCee 4,896]

Hi

My new husband and I are very confused as where to start with AOS for myself and my daughter (K1 & K2) and I have a few questions. We had an informal ceremony at home to comply with the 90 day rule but our big family/friends reception is in February.

1) When would you recommend that I change my surname to my husband's surname? As not to confuse names on my documents/passport/visa etc.

If you want to change it, then change it. If you don't, then don't. If you do change it, then use the new married name on all your AOS forms.

2) Do I need anything other than form I -94 and relevant ID for SSN and should I apply before or after we do the AOS?

Use the I-94, as long as it has more than 2 weeks before it expires. You should apply for the SSN in your maiden name and then change it to your married name later, after receiving the EAD/AP or green card in your new married name(if you are changing it). There is an SSN guide here on VJ as well as an SSN forum.

3) I have read that as we had our medical exams in September, we will not need to take another one. What documents do I need to prove that our last exam is still valid?

http://www.visajourney.com/forums/topic/551080-immunizations-ds-3025-or-i-693/

4) Do we fill in separate Affidavit of Support forms for myself and my daughter?

The above answer of 'yes' to this question is incorrect. The correct answer is NO. The K-2 does not need a separate I-864 because the K-2 is a derivative visa and they did not have their own separate petition filed on their behalf. They will be listed on the one for you, as long as they are immigrating with you or within 6 months of you. Check the box for Part 3 #2 and list the K-2 as Family Member 1.

5) My father in law was a joint sponsor in the original petition (although my husband met the financial guideline, we wanted to have a sponsor just in case as my husband is self employed) do we file separate Affidavits for our sponsor or just one between myself and my daughter?

The USC petitioner/sponsor must file an I-864 no matter what. The joint sponsor files their own separate I-864.

Edited December 29, 2015 by KayDeeCee

[Nich-Nick 3,354]

Name change--

I think your intention is to use your husband's name. Right? Fill out you AOS paperwork in that name so your greencard will will be issued in the married name. It doesn't matter if your visa, passport, etc are still in the maiden name. To change the greencard name at a later date would cost you around $400.

The reason you should apply for your SSN in the maiden name is because that is the name on record when you entered the U.S. That is the name that must be found in the database. Social Security workers are not always well trained on K1s, so keeping it real simple gives you the least chance of some kind of admin mess up where they will say you are not eligible. A K1 is eligible, yet some have actually been told "You got married so are no longer K1. You are now a K3 which is not eligible," That's ludicrous, but it has happened. So don't even bring up marriage or the name change. Just get the number. Changing your name later is free. Once your EAD or greencard are issued, they will find your married name in the database and the change will be easier.

You may continue to travel with your maiden name passport. Bringing the marriage certificate along answers any questions of name discrepancy. It is easier at the airline counter if you book the ticket in the passport name, even if your AP (travel authorization) or greencard are in the married name. You will have the marriage certificate to show the legal name change.

[KMG15 0]

Name change--

I think your intention is to use your husband's name. Right? Fill out you AOS paperwork in that name so your greencard will will be issued in the married name. It doesn't matter if your visa, passport, etc are still in the maiden name. To change the greencard name at a later date would cost you around $400.

The reason you should apply for your SSN in the maiden name is because that is the name on record when you entered the U.S. That is the name that must be found in the database. Social Security workers are not always well trained on K1s, so keeping it real simple gives you the least chance of some kind of admin mess up where they will say you are not eligible. A K1 is eligible, yet some have actually been told "You got married so are no longer K1. You are now a K3 which is not eligible," That's ludicrous, but it has happened. So don't even bring up marriage or the name change. Just get the number. Changing your name later is free. Once your EAD or greencard are issued, they will find your married name in the database and the change will be easier.

You may continue to travel with your maiden name passport. Bringing the marriage certificate along answers any questions of name discrepancy. It is easier at the airline counter if you book the ticket in the passport name, even if your AP (travel authorization) or greencard are in the married name. You will have the marriage certificate to show the legal name change.

Hi, yes it is my intention to use my married surname.

Thank you for your reply, I'm grateful for your advice.

[TBoneTX 46,116]

An unrelated post has been:

1. Split from this thread;

2. Moved to the "AOS from WS&T Visas" main forum; and

3. Given the thread title "Filing AOS after Eligibility Problems [split topic]."

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