Issues after 90 days on K-1 visa?

[aceveale 0]

So to keep a long story short, my fiancee (now wife) came into the US July 28th, and we got married Sept. 24th, and we're honestly very confused about a few things now. While we file for her residency and work permit forms, what happens after her 90 days run out? Now that we're married do we have a time frame/time crunch we should be worried about? We have a meeting at our local USCIS next week, and we're just worried we aren't doing everything or if we're running out of time.

[Merrytooth 5,748]

Once the AOS has been filed, you are in the authorized period of stay till the adjudication of I-485.

[Kat&Jon 85]

Now that you are married all you really need to do is apply for Adjustment of Status. As soon as that is sent and accepted she will be okay to stay in the US while your AOS is pending. Even if you weren't able to file it before the 90 days is up, any days she accrued after are forgiven once the AOS process has started.

It is recommended to file for AOS as soon as possible and within the 90 days if possible, but there are quite a few VJ members who applied for AOS after their 90 days was up and were approved just fine. No need to worry, just get your AOS started as soon as you can!

[p-ana 933]

So to keep a long story short, my fiancee (now wife) came into the US July 28th, and we got married Sept. 24th, and we're honestly very confused about a few things now. While we file for her residency and work permit forms, what happens after her 90 days run out? Now that we're married do we have a time frame/time crunch we should be worried about? We have a meeting at our local USCIS next week, and we're just worried we aren't doing everything or if we're running out of time.

Once her 90 days are up, she will be out of status. But as she married a us citizen, any overstay will be forgiven when her petition for adjustment of status is approved. It's for her best interest that you guys file her aos as soon as possible, but there isn't a strict time frame to do so

[Pitaya 2,577]

~Moved from K1 Process to Fam.-based AOS Forum~

~Inquiry about AOS process, past k1~

[sfcscott 34]

This is a great question and some very good answers. Good to know for future reference. Thank you all.

[aceveale 0]

ok so as long as we send out the form for AOS, it should be okay. I guess the other issue we have is, we haven't changed her name yet, should she use my last name on her papers, or her maiden name, since a name change will happen in the next weeks?

[heo luoi 206]

Why wouldnt you change her name when you got married? Theres 1000s of name change threads, search em up.
Not sure whats going down in a few wks but I'd wait til then to file and use the new name now and going forward and not flop about.

[KayDeeCee 4,895]

ok so as long as we send out the form for AOS, it should be okay. I guess the other issue we have is, we haven't changed her name yet, should she use my last name on her papers, or her maiden name, since a name change will happen in the next weeks?

There is no time limit/deadline in which to file for AOS. As long as you married within 90 days then you are eligible to file based on your approved I-129F petition and fulling the requirements of the K-1 visa. However, you will be out of status and begin to accrue unlawful presence between your I-94 expiring and filing for AOS. Once you file for AOS, you then enter a period of authorized stay while waiting for your green card approval.

Not sure how it will change in the next few weeks.

If changing name through marriage, then you can begin using the new married name as soon as you are married. If changing name through marriage, then you will use the new married name on all the AOS forms. No need to wait. The marriage certificate is your legal name change document and a copy of it is included with the I-485. List maiden name where it asks on any of the forms for Name on I-94/Other Names Used.

[aceveale 0]

Well we had no idea how the name change thing worked, at our wedding when we signed papers, we were never told anything, and when we went to the court to get our certificate we asked and they told us to go to social security in our city, and then they told us to get some paperwork done with USCIS before she can change her name

[Merrytooth 5,748]

Well we had no idea how the name change thing worked, at our wedding when we signed papers, we were never told anything, and when we went to the court to get our certificate we asked and they told us to go to social security in our city, and then they told us to get some paperwork done with USCIS before she can change her name

Assuming you get married in Wisconsin state:

I found this:

http://www.burnettcounty.com/DocumentCenter/Home/View/126

Important Information if You Are Changing Your Last Name by Marriage

The marriage certificate does not show the names you will be using after your marriage.

By common practice, most agencies will accept a certified copy of a marriage certificate as proof of name change after marriage if you choose a standard change (i.e., one spouse taking the other spouse’s last name, hyphenating both names or using both names without a hyphen).

For non-standard name change (i.e., combining parts of both names), you may have to show more proof to the requesting agency.

If you are changing your name due to the marriage, you should contact Social Security immediately after the marriage. You must have a certified copy of your marriage certificate to show them.

[Matt&Sophie 8]

Hey!

We were a little confused about this also (we got married on 23rd September ) When we went to pick up our marriage certificate the lady there assured us that the marriage cert with your accompanying photo id in the maiden name is all you need as proof of having a new last name.

I'm assuming they told you to go to register the name change with Social Security as she has already registered with SS under her maiden name? - in this case she just needs to take her passport, I-94 and the marriage certificate in order to change it. As far as I am aware that isn't you 'officially changing your name' kinda thing, but more registering that you are now using a different name, just like you would with your bank or health insurance etc.

I have an SSN and have yet to change my name with the Social Security office, but filed my AOS paperwork earlier this week using my new married name and this won't be a problem. As part of the packet you have to note your maiden name anyway, so apply in the new name.

Also with the 90 day thing, I freaked out about this too, but as everyone above has said, she'll be fine as long as you file your AOS paperwork before the 90 days are up.

Good Luck with everything!

[Dashinka 24,697]

Well we had no idea how the name change thing worked, at our wedding when we signed papers, we were never told anything, and when we went to the court to get our certificate we asked and they told us to go to social security in our city, and then they told us to get some paperwork done with USCIS before she can change her name

Dealing with the SSA can be troublesome for an immigrant spouse when changing the name on the social security card. The SSA should accept any legal marriage certificate to change the last name, but as you may find here in VJ, there are countless stories where they do not. It is suggested as a time saver to wait for the EAD/GC to do this since you will now have a federal ID with the new name (assuming you file all the AOS forms in the new name). You can take a chance and go to the SSA and you may get an employee that doesn't hassle you.

Beyond that, the responses so far in this thread are quite accurate.

Good Luck!

[NikLR 13,231]

The marriage certificate should have the names of the people when they got married, not the names they have after marriage. So use the marriage certificate to change her name anywhere you would like to change her name. For instance, after the EAD arrives in married name, you can change her name on her SSN. After she gets her green card if she wants to change her passport she can certainly do that as well, but it requires getting a whole new one vs a simplified renewal.