FAQ correction needed

[meauxna 15]

Cap'n web duuuuude..

There is a broken link in the following FAQ:

http://www.visajourney.com/faq/k1k2visa-aos.html#6.3

6.3)...So where do we send the Adjustment of Status application package?

A..You will follow the current filing procedures as described here and on the forms themselves. This policy requires that all I-485, I-765, and I-131 applicants mail these forms to the same national location (this was done to streamline the processing of these very common benefits). The only case in which you may file at a local office is for the following locations: Dallas District Office, El Paso District Office, and the Oklahoma City Sub Office. Please read this notice if your local USCIS office is any of these locations.

The underlined/linked 'here' goes where it should not go. Maybe it was leftover from the old fora. I'm not even sure where it is supposed to be pointing.

Anyone else notice an error? It's nice to fix errors

[meauxna 15]

Uh oh, here's another one. Might be time for some overhaulin'.

6.6)... Why is the I-864 Affidavit of Support now used for the Adjustment of Status application when we used the I-134 Affidavit for the Fiance(e) petition?

A..This legally enforceable affidavit is a result of immigration reform legislation. Now that the foreign national spouse has indicated an intention to remain here permanently, the US wants to make sure the new immigrant does not become a burden on society. The financial responsibility for this guarantee lies on those who sign the I-864 affidavit, and lasts until the sponsored immigrant becomes a naturalized US citizen or can be credited for 40 quarters of work. Whoever signs the affidavit must also inform the USCIS (INS) when they move, using form I-865, Sponsors Change of Address, after the immigrant gets approval of Adjustment of Status.

If you do not meet the guidelines for income level (125% of poverty level...see the Poverty Level link in the references section) you will need a joint sponsor who does meet the guidelines. The US Citizen spouse must submit an I-864, and the joint sponsor will also submit an I-864. If the joint sponsor is a member of your household, they will submit an I-864a "Contract Between Sponsor and Household Member". Any joint sponsors must be domiciled in the United States, territories or possessions, and must be a Citizen or Permanent Resident.

It is worth nothing that some local USCIS (INS) offices will accept an incomplete affidavit of support with the initial AOS package, but will require the completed affidavit at the AOS interview. The only way to know is to contact the local office and ask.

*You may also want to read the I-134/I-864 Tips Page.

back

The first para needs a re-write altogether.

The bolded part is now wrong.

The italic part is now wrong, in fact the dead opposite is true.

I can't do it this minute, but maybe someone else will make a stab?

6.10)... <snip>

Note: Some offices allow "walk in" EAD's to be processed. Contact your local office to find out if this applies to you

Delete the above. No walkin EADs anywhere anymore.

6.10.1)... (newsgroup)..Correct me if I'm wrong (as I haven't gotten married yet), but don't you have to officially "change" your name at the Social Security office?

A..(newsgroup)..Yes, if you are taking a different name when you get married you will have to change your name at the social security office. Make sure you take a copy of your marriage license so they can see why you are changing you name. When I changed my name they asked for a copy of the marriage certificate as proof. (FAQ Note: You may be asked to show the original marriage certificate)

This too needs a re-do. You can not change your name at SSA until you have a matching DHS/USCIS document (or immigrant visa).

I'm starting to see why there are so many "dumb" questions being asked in the forums. The FAQ needs help!

This entire section of the FAQ needs an overhaul. Aren't there some folk here who went through AOS?

Edited March 24, 2007 by meauxna

[Captain Ewok 1,891]

Cap'n web duuuuude..

There is a broken link in the following FAQ:

http://www.visajourney.com/faq/k1k2visa-aos.html#6.3

6.3)...So where do we send the Adjustment of Status application package?

A..You will follow the current filing procedures as described here and on the forms themselves. This policy requires that all I-485, I-765, and I-131 applicants mail these forms to the same national location (this was done to streamline the processing of these very common benefits). The only case in which you may file at a local office is for the following locations: Dallas District Office, El Paso District Office, and the Oklahoma City Sub Office. Please read this notice if your local USCIS office is any of these locations.

The underlined/linked 'here' goes where it should not go. Maybe it was leftover from the old fora. I'm not even sure where it is supposed to be pointing.

Anyone else notice an error? It's nice to fix errors

That was an old link. I removed it and reworded .

[Captain Ewok 1,891]

Uh oh, here's another one. Might be time for some overhaulin'.

6.6)... Why is the I-864 Affidavit of Support now used for the Adjustment of Status application when we used the I-134 Affidavit for the Fiance(e) petition?

A..This legally enforceable affidavit is a result of immigration reform legislation. Now that the foreign national spouse has indicated an intention to remain here permanently, the US wants to make sure the new immigrant does not become a burden on society. The financial responsibility for this guarantee lies on those who sign the I-864 affidavit, and lasts until the sponsored immigrant becomes a naturalized US citizen or can be credited for 40 quarters of work. Whoever signs the affidavit must also inform the USCIS (INS) when they move, using form I-865, Sponsors Change of Address, after the immigrant gets approval of Adjustment of Status.

If you do not meet the guidelines for income level (125% of poverty level...see the Poverty Level link in the references section) you will need a joint sponsor who does meet the guidelines. The US Citizen spouse must submit an I-864, and the joint sponsor will also submit an I-864. If the joint sponsor is a member of your household, they will submit an I-864a "Contract Between Sponsor and Household Member". Any joint sponsors must be domiciled in the United States, territories or possessions, and must be a Citizen or Permanent Resident.

It is worth nothing that some local USCIS (INS) offices will accept an incomplete affidavit of support with the initial AOS package, but will require the completed affidavit at the AOS interview. The only way to know is to contact the local office and ask.

*You may also want to read the I-134/I-864 Tips Page.

back

The first para needs a re-write altogether.

The bolded part is now wrong.

The italic part is now wrong, in fact the dead opposite is true.

I can't do it this minute, but maybe someone else will make a stab?

6.10)...

Note: Some offices allow "walk in" EAD's to be processed. Contact your local office to find out if this applies to you

Delete the above. No walkin EADs anywhere anymore.

6.10.1)... (newsgroup)..Correct me if I'm wrong (as I haven't gotten married yet), but don't you have to officially "change" your name at the Social Security office?

A..(newsgroup)..Yes, if you are taking a different name when you get married you will have to change your name at the social security office. Make sure you take a copy of your marriage license so they can see why you are changing you name. When I changed my name they asked for a copy of the marriage certificate as proof. (FAQ Note: You may be asked to show the original marriage certificate)

This too needs a re-do. You can not change your name at SSA until you have a matching DHS/USCIS document (or immigrant visa).

I'm starting to see why there are so many "dumb" questions being asked in the forums. The FAQ needs help!

This entire section of the FAQ needs an overhaul. Aren't there some folk here who went through AOS?

6.10 is now updated.

6.10.1 is now updated.

per SSA.gov:

To change your name on your Social Security card:

Complete an Application For A Social Security Card (Form SS-5);

Show us proof of your:

U.S. citizenship (if you have not previously established your citizenship with us) or immigration status;

Legal name change; and

Identity.

Take (or mail) your completed application and documents to your local Social Security office.

All documents must be either originals or copies certified by the issuing agency. We cannot accept photocopies or notarized copies of documents.

Documents for a name change: If you need to change your name on your Social Security card, you must show us a recently issued document as proof of your legal name change. Documents Social Security may accept to prove a legal name change include:

Marriage document;

Divorce decree;

Certificate of Naturalization showing a new name; or

Court order for a name change.

If the document you provide as evidence of a legal name change does not give us enough information to identify you in our records or if you legally changed your name more than two years ago, you must provide Social Security with additional documentation.

Marriage, divorce or annulment: In addition to showing us a legal document proving your marriage, divorce or annulment, you must provide an identity document. That document must show your old name, as well as other identifying information or a recent photograph. (We can accept an expired document as evidence of your old name.)

6.10.1 now reads (and pay attention to the really good links included):

6.10.1)...(newsgroup)..Correct me if I'm wrong (as I haven't gotten married yet), but don't you have to officially "change" your name at the Social Security office?

A..(newsgroup)..Yes, if you are taking a different name when you get married you will have to change your name at the social security office. Make sure, in addition to other documents, you take a copy of your proof of immigration status as well as your marriage license so they can see why you are changing you name. When I changed my name they asked for a copy of the marriage certificate as proof. (FAQ Note: You may be asked to show the original marriage certificate).

PLEASE READ: More information can be found here and also in much greater detail here (includes examples). Please read these linked pages before going to the SSA office so that you fully understand the current policies and what to bring with you. There is no need to waste a trip!

Please let me know of anything else that people spot that has been overlooked or needs otherwise updated .

[Captain Ewok 1,891]

Regarding:

You can not change your name at SSA until you have a matching DHS/USCIS document (or immigrant visa).

The SSA says that in some cases you can change it with a DHS document not in your new married name (https://s044a90.ssa.gov/apps10/poms.nsf/lnx...33;opendocument Section D.4):

Name Change to a Name Different From Name on Immigration Document

EXAMPLE:

Monica Mumma Stottlemyer applies for a replacement SSN card in her married name. She:

Completes an SS-5 showing her first name as Monica, her middle name as Mumma, and her last name as Smith;

Completes the other names used field, showing that name as “Monica (first name), Mumma Stottlemyer (last name);â€

Signs the SS-5 as “Monica M. Smith;â€

Submits a U.S. marriage document showing Monica Mumma Stottlemyer and John Smith married last week (the marriage document shows the dates of birth for Monica and John);

Submits a driver's license with her photograph that shows the name Monica M. Smith; and

Submits a DHS employment authorization card with her photograph and showing her name as “Mumma Stottlemyer, Monica.â€

The U.S. marriage document supports the legal name change and is acceptable evidence of identity in both the old name and the new name because it shows biographical data (date of birth) that can be compared to the Numident record. Further, the name to be shown on the SSN card agrees with the name on the additional identity document in the new legal name (the driver's license).

SSA can process the name change request. Process the SS-5 to have the name “Monica (first name) Mumma (middle name) Smith (last name) to be shown in the card and enter “Monica (first name) Mumma Stottlemyer (compound surname) as an “other name used.†The compound surname must be entered the same way it is shown on the immigration document. Advise the NH to also contact DHS to change her surname to “Smith†with that agency.

Please correct me if this is not true as I am just researching this now. I think in most cases like you say though people will be required to show their marriage cert, proof of immigration status / DHS document with current name (valid EAD for example in new name), and an ID in the old name (passport for example). Please chime in if this correct and I can mention this as the likely types of doucmentation most people provide.