I-94 does not have full name, have to go to CBP w/ expired i-94

[CharmD720 1]

I hope this is correct section. I tried. 

My wife and I are applying for AOS February 1st. We got married within 90 days but she has been here 6 months now. Her i-94 expired October 15 2017. We went to social security office today to change her name to her new married name and it had to be sent in for review which will take a month. The guy there told us it will most likely not work due solely to the fact that her name says

First name: Charmaine followed by her last name. 

Her first name is Charmaine Joy, middle is Abad, and than her last name which is now same as mine. Because her first name doesn't say Charmaine joy on her i-94 because the border patrol when she came into the USA via Los Angeles Was obviously an idiot. Now to fix it I looked it up and the only way is in person at an airport in customs and Border patrol by a border patrol agent. I'm scared since she is now considered overstay I believe that she will be detained and sent back to phillipines!!! We don't know what to do and r so sad by this.. Any suggestions?? 

[TNJ17 1,329]

You shouldn’t put personal information on here. She’s not an overstay since technically her visa expired the minute she passed through immigration. Since you got married within 90 days you are fine. Just FYI you don’t need to change your name to adjust status. 

[Hypnos 6,578]

2 minutes ago, TNJ17 said:

She’s not an overstay

She definitely is an overstay; OP stated the I-94 expired mid October of last year.

 

OP, I would file for AoS and then fix issues with the SSA at that point when she is actually legally present in the US. Given the current political climate I would not advise she goes to see CBP in-person since she is out of status, is deportable, and therefore could be detained by them.

Edited January 20, 2018 by Hypnos

[doggieandsam 765]

i agree with hypnos, your wife has already overstayed. definitely do not risk going to CBP at this point.

 

so you want to do AOS, change name to married name and get an ssn number for your wife right? you can actually do all these in one go quiet easily (i say easily but not necessarily quickly). so the only problem is if you need the SSN urgently. EADs at the moment are taking 90-120 days to be approved and then it will be a week or so more to receive the SSN after that. so all these will take time. 

 

so what you want to do is file the AOS/EAD/AP forms in the married name that your wife wants and then on the EAD application form, there is a section where they ask if you want to get an ssn at the same time, say yes there. once the AOS NOA1 comes, it will come in the new name so that's evidence that your wife's name have already been updated in the system and she can then start officially using/writing/signing in her new name. Once the EAD is approved, her new SSN card will be sent to her thereafter assuming you requested it on the EAD form.

Edited January 20, 2018 by iamdegie

[CharmD720 1]

54 minutes ago, Hypnos said:

She definitely is an overstay; OP stated the I-94 expired mid October of last year.

 

OP, I would file for AoS and then fix issues with the SSA at that point when she is actually legally present in the US. Given the current political climate I would not advise she goes to see CBP in-person since she is out of status, is deportable, and therefore could be detained by them.

I wasn't sure if 180 days was overstay or if she is currently. Pretty sure she is currently and like you said that's the last place u want to take chances at is at CBP. Now my wife just reminded me her medical expires. The date of her medical was February 15 2017, her actual vaccines were in May (she was held up while they confirmed her sputum test) I'm guessing th expiration is still February 15 and not may? I ask this because we won't know if the name change we already tried to do today at the SS office will go through for up to 4 weeks... We really got ourself into a bad spot!! I wish my wife would of thought this through more :/  I'm pretty sad. I know I can't afford to pay for her medical exam here and I'm worried if we file with her original name that her new name will be accepted despite the i-94 being the way I explained.   Thabk you so much for your help.

[Hypnos 6,578]

With regards to the medical, you have one year to submit it from the date it was completed and the I-693 was certified by the civil-surgeon, and then it's valid for one year from that date of submission. So if you're able to get to USCIS as part of your packet before 15th February then it will stay good for a year. Over a year and you'd have to have it performed again.

 

I personally would not wait for the SSA. I would submit the AoS packet now, and use the name she wishes to use from this point onwards, whether that's her maiden name or her newly married name (presumably yours). Just be sure that if she uses her married name on the forms, that she also includes her maiden name under the "Other names used" section on the forms which have it.

[CharmD720 1]

8 minutes ago, iamdegie said:

i agree with hypnos, your wife has already overstayed. definitely do not risk going to CBP at this point.

 

so you want to do AOS, change name to married name and get an ssn number for your wife right? you can actually do all these in one go quiet easily (i say easily but not necessarily quickly). so the only problem is if you need the SSN urgently. EADs at the moment are taking 90-120 days to be approved and then it will be a week or so more to receive the SSN after that. so all these will take time. 

 

so what you want to do is file the AOS/EAD/AP forms in the married name that your wife wants and then on the EAD application form, there is a section where they ask if you want to get an ssn at the same time, say yes there. once the AOS NOA1 comes, it will come in the new name so that's evidence that your wife's name have already been updated in the system and she can then start officially using/writing/signing in her new name. Once the EAD is approved, her new SSN card will be sent to her thereafter assuming you requested it on the EAD form.

Wow I wish I would of known about this before we went to SS office today. Thabks for that write up. Can you review my response to the last poster and see if this still may work? 

[doggieandsam 765]

18 minutes ago, CharmD720 said:

Wow I wish I would of known about this before we went to SS office today. Thabks for that write up. Can you review my response to the last poster and see if this still may work? 

i am not sure about the medical validity so i would defer to what hypnos wrote about it above.

 

i just re-read your original question and realized that you said your wife already has an ssn in her maiden name and you just want to update that to her married name. but no matter, the EAD form will ask you if you want a new card mailed with the new name anyway so what i wrote above still applies.

 

if i were you i wouldn't worry about manually updating the ssn for now, it's not terribly urgent that its in her married name. all that matters is that she has an ssn. focus on the AOS/EAD/AP filing for now so your wife's overstay is fixed and the ssn issue will resolve itself if you do it in the EAD form. besides, that is why you were turned away at the ssa office when you tried to do it, because some offices are not aware of the procedure (that they can update the name based on the marriage certificate) and will insist on seeing an immigration-issued document that carries the married name before they do it. that is why before this ead-ssn linking, it was advisable to wait for either the ead or the gc in hand before you go to the ssa office to change names there.

Edited January 20, 2018 by iamdegie

[CharmD720 1]

10 minutes ago, iamdegie said:

i am not sure about the medical validity so i would defer to what hypnos wrote about it above.

 

i just re-read your original question and realized that you said your wife already has an ssn in her maiden name and you just want to update that to her married name. but no matter, the EAD form will ask you if you want a new card mailed with the new name anyway so what i wrote above still applies.

 

if i were you i wouldn't worry about manually updating the ssn for now, it's not terribly urgent that its in her married name. all that matters is that she has an ssn. focus on the AOS/EAD/AP filing for now so your wife's overstay is fixed and the ssn issue will resolve itself if you do it in the EAD form. besides, that is why you were turned away at the ssa office when you tried to do it, because some offices are not aware of the procedure (that they can updated the name based on the marriage certificate) and will insist on seeing an immigration-issued document that carries the married name before they do it. that is why before this ead-ssn linking, it was advisable to wait for either the ead or the gc in hand before you go to the ssa office to change names there.

Will AOS even accept her with the i94 having the wrong name... Thats another question. I wonder if it will be accepted or we should explain anything on the cover page possibly... Sorry I'm all over the place with this appreciate everyone here hanging in there with me. 

[doggieandsam 765]

3 minutes ago, CharmD720 said:

Will AOS even accept her with the i94 having the wrong name... Thats another question. I wonder if it will be accepted or we should explain anything on the cover page possibly... Sorry I'm all over the place with this appreciate everyone here hanging in there with me. 

Is the name on the i-94 just missing her second first name? or is it misspelled or has a name unrelated to her full name at all? if its just missing a word i wouldn't worry too much about it and just submit what you have as long as all the other details are correct like passport number and entry date etc are correct. cbp has a scan of her passport page so they will be able to match it in the system.

 

hypnos mentioned it above as well, the AOS form will ask about previous names used, make sure you list all her previous names on there including her maiden name and all possible iterations of her name (eg Firstname1 Firstname 2 Middlename Lastmaidenname, Firstname1 Middlename Lastmaidenname, Firstname Lastmaidenname). I have two first names as well as a middle name so i did it that way. IIRC the form accepts up to 3 previous names.

[CharmD720 1]

1 hour ago, iamdegie said:

Is the name on the i-94 just missing her second first name? or is it misspelled or has a name unrelated to her full name at all? if its just missing a word i wouldn't worry too much about it and just submit what you have as long as all the other details are correct like passport number and entry date etc are correct. cbp has a scan of her passport page so they will be able to match it in the system.

 

hypnos mentioned it above as well, the AOS form will ask about previous names used, make sure you list all her previous names on there including her maiden name and all possible iterations of her name (eg Firstname1 Firstname 2 Middlename Lastmaidenname, Firstname1 Middlename Lastmaidenname, Firstname Lastmaidenname). I have two first names as well as a middle name so i did it that way. IIRC the form accepts up to 3 previous names.

Good info.. I like this. I will definitely do that. Thank you again

[doggieandsam 765]

11 hours ago, CharmD720 said:

Good info.. I like this. I will definitely do that. Thank you again

good luck!