How to update my name during AOS process

[Laura Hartman 0]

Hi there, I'm currently on an AOS process through marriage (family based) and came with a K1 fiance visa. I only applied for I-485 in October (not I-765 nor anything else) , I received my I-797C and my biometrics appointment and went to the appointment last year on 11/15/2017. When I applied for AOS I submitted my application with my maiden name instead of my married name and our marriage certificate (which was also included as part of the AOS application package) states that I changed my last name to my husband's. So my question is what's the best way to have my name updated so my GC comes with my married name? I called USCIS several times about this matter and 3 different customer care representatives told me to write a letter and mail it to the address that appears on the letters I've received since they're the ones that are taking care of my case which is National Benefits Center, Post Office Box 648005 Lee's Summit, Missouri 64002 according to the letters I've received however I also have read dozens of posts and forums for days and some people say that they were able to request it or have it changed at the interview which would be the next step in my AOS process even though I do not have a date assigned yet. So should I just write the letter like the USCIS representatives told me explaining that I want to use my married name instead of my maiden name or should I wait until the interview to bring this up? 

 

I am now applying for I-765 (with my married name) so I can get an employment authorization as well as a SSN and SS card. I filled out the application but haven't mailed it yet. I know I need to attach my I-797C or something similar to prove that I have an AOS process going on but this notice obviously shows my maiden name since I applied with my maiden name instead of my married name, would that cause any issues? This is a time sensitive matter because I need to be able to apply for jobs asap as well as have a SS card and then be able to apply for a drivers license, etc. 

[Californiansunset 336]

26 minutes ago, Laura Hartman said:

Hi there, I'm currently on an AOS process through marriage (family based) and came with a K1 fiance visa. I only applied for I-485 in October (not I-765 nor anything else) , I received my I-797C and my biometrics appointment and went to the appointment last year on 11/15/2017. When I applied for AOS I submitted my application with my maiden name instead of my married name and our marriage certificate (which was also included as part of the AOS application package) states that I changed my last name to my husband's. So my question is what's the best way to have my name updated so my GC comes with my married name? I called USCIS several times about this matter and 3 different customer care representatives told me to write a letter and mail it to the address that appears on the letters I've received since they're the ones that are taking care of my case which is National Benefits Center, Post Office Box 648005 Lee's Summit, Missouri 64002 according to the letters I've received however I also have read dozens of posts and forums for days and some people say that they were able to request it or have it changed at the interview which would be the next step in my AOS process even though I do not have a date assigned yet. So should I just write the letter like the USCIS representatives told me explaining that I want to use my married name instead of my maiden name or should I wait until the interview to bring this up? 

 

I am now applying for I-765 (with my married name) so I can get an employment authorization as well as a SSN and SS card. I filled out the application but haven't mailed it yet. I know I need to attach my I-797C or something similar to prove that I have an AOS process going on but this notice obviously shows my maiden name since I applied with my maiden name instead of my married name, would that cause any issues? This is a time sensitive matter because I need to be able to apply for jobs asap as well as have a SS card and then be able to apply for a drivers license, etc. 

Unfortunately EAD processing takes now 4-6months so don't count on having your EAD anytime soon (this is why you apply for I-131 and I-765 even if you originally don't think you will need it... don't get why people wouldn't apply for it if it's free anyways and gives you some sort of ID and the ability to apply for DL and SSN). 

 

If I remember correctly, the AOS papers specifically ask for your current name and then the maiden name... so you put the same name in both even though you had your name changed??? And then you didn't say anything about it at your biometrics? I am actually surprised you didn't get an RFE for that (yet), as the marriage certificate doesn't match your current name you applied with, plus the form where it asks for the names is filled out incorrectly. 

I'd do what the USCIS representatives said and fix it now. Especially bc you want to apply for your EAD with your married name. Chances are they will catch the discrepancies of your name when they process your EAD. Write in the cover letter of your EAD application that you are in the process of having your Greencard name changed and obviously attach copies of the marriage certificate that shows the name change and your passport that shows your maiden name. It might work or it might need to match your currently processing file. You'll find out. Good luck!

 

[Laura Hartman 0]

6 minutes ago, Californiansunset said:

Unfortunately EAD processing takes now 4-6months so don't count on having your EAD anytime soon (this is why you apply for I-131 and I-765 even if you originally don't think you will need it... don't get why people wouldn't apply for it if it's free anyways and gives you some sort of ID and the ability to apply for DL and SSN). 

 

If I remember correctly, the AOS papers specifically ask for your current name and then the maiden name... so you put the same name in both even though you had your name changed??? And then you didn't say anything about it at your biometrics? I am actually surprised you didn't get an RFE for that (yet), as the marriage certificate doesn't match your current name you applied with, plus the form where it asks for the names is filled out incorrectly. 

I'd do what the USCIS representatives said and fix it now. Especially bc you want to apply for your EAD with your married name. Chances are they will catch the discrepancies of your name when they process your EAD. Write in the cover letter of your EAD application that you are in the process of having your Greencard name changed and obviously attach copies of the marriage certificate that shows the name change and your passport that shows your maiden name. It might work or it might need to match your currently processing file. You'll find out. Good luck!

 

I am aware that the application for employment authorization takes from 2 months to 5-6 months depending on the service center that will be taking care of the case and that's exactly the reason why I want to get this done and submitted asap.  I'm not sure what you mean by it's free anyway, we paid $1,225 for the I-485 application alone then needed to pay an additional $495 for the I-765 + $575 if I wanted to apply for the I-131 as well.  The thing is that we decided  to apply for the I-485  and then later for the I-765 plus we were even told once that I needed to wait 74 days or something like that from the AOS application date to be able to apply for a work permit which later after calling over and over and doing more research didn't make sense to me. 

 

I've been doing all of this on my own and I've made some mistakes and that is definitely one. We were unsure on which name to use on I-485 and I thought I might even need a SS card first or something else besides my marriage certificate where it says my new married name in the section "New names (if any)" to be able to put my married name on the AOS as my current name. We learned that I was able to do so without any additional documentation besides my marriage certificate a few weeks later after the biometrics. I did get a RFE but not regarding the name I put on the I-485, it was just asking for a complete English translation of my birth certificate, form I-864 and copies of Federal income tax return and W-2’s for the most recent tax year. I replied to the RFE a few months ago. Last thing they told me is that next step in my AOS process is to wait to get a date assigned for an interview. 

 

Since I read so many posts on forums of people saying they could just request it or have changed it in the AOS interview instead of writing a letter requesting the name update or mailing anything to them and that it might even slow down the AOS process. I just want to make sure what my options are. I guess I should just listen to what the representatives told me and write a letter explaining what happened and hopefully have it fixed and not slow down the process too much. Also, writing a cover letter for my EAD application explaining the situation with copies of my passport and marriage certificate attached sounds like the right thing to do. I just don't want to mess anything up or make the AOS processing time much longer . Never heard that my EAD application needs to match with my AOS file but I really hope not.  Thank you!!! any additional comments or info would help immensely!! 

[Californiansunset 336]

56 minutes ago, Laura Hartman said:

I am aware that the application for employment authorization takes from 2 months to 5-6 months depending on the service center that will be taking care of 

Only the National Benefit center in Missouri is taking care of the EADs... all end up in the same pile. 2 months is very unrealistic, 90 days it's what they aim for but lately most cases get approved around the 120-130 days mark. 

58 minutes ago, Laura Hartman said:

 I'm not sure what you mean by it's free anyway, we paid $1,225 for the I-485 application alone then needed to pay an additional $495 for the I-765 + $575 if I wanted to apply for the I-131 as well. 

Yes exactly! That's why I said that I don't understand why you didn't apply for it with the I-485. THe EAD is an important piece of ID that let's you get a DL, SSN etc. even if you don't plan on working. It's free anyways so why not apply for it with the AOS itself. 

 

1 hour ago, Laura Hartman said:

 The thing is that we decided  to apply for the I-485  and then later for the I-765 plus we were even told once that I needed to wait 74 days or something like that from the AOS application date to be able to apply for a work permit which later after calling over and over and doing more research didn't make sense to me. 

Never heard of this before... do your research on authentic looking immigration pages or even easier.... just follow the guides that are available in this forum. It's not rocket science ...

There used to be a two week rule to wait to apply for your SSN with your maiden name after the POE. That is the only "wait rule" that used to exist. It's not the case anymore though as the data of your POE is being transmitted electronically and they can verify that information without having to wait 2 weeks. 

 

1 hour ago, Laura Hartman said:

Since I read so many posts on forums of people saying they could just request it or have changed it in the AOS interview instead of writing a letter requesting the name update or mailing anything to them and that it might even slow down the AOS process. 

This is a myth. There's no proof for it and it doesn't make any sense. I added documents later to my application and it didn't slow it down at all. In fact it makes a CO actually having to take a look at it. 

 

Honestly... just read through all the guides here on VJ. I feel like that is going to help you A LOT judging from the wrong info you've had. Once you get your EAD sorted out, make sure to update this forum, so other people who made the same mistake can get help. Good luck!  

[Laura Hartman 0]

1 hour ago, Californiansunset said:

Only the National Benefit center in Missouri is taking care of the EADs... all end up in the same pile. 2 months is very unrealistic, 90 days it's what they aim for but lately most cases get approved around the 120-130 days mark. 

Yes exactly! That's why I said that I don't understand why you didn't apply for it with the I-485. THe EAD is an important piece of ID that let's you get a DL, SSN etc. even if you don't plan on working. It's free anyways so why not apply for it with the AOS itself. 

 

Never heard of this before... do your research on authentic looking immigration pages or even easier.... just follow the guides that are available in this forum. It's not rocket science ...

There used to be a two week rule to wait to apply for your SSN with your maiden name after the POE. That is the only "wait rule" that used to exist. It's not the case anymore though as the data of your POE is being transmitted electronically and they can verify that information without having to wait 2 weeks. 

 

This is a myth. There's no proof for it and it doesn't make any sense. I added documents later to my application and it didn't slow it down at all. In fact it makes a CO actually having to take a look at it. 

 

Honestly... just read through all the guides here on VJ. I feel like that is going to help you A LOT judging from the wrong info you've had. Once you get your EAD sorted out, make sure to update this forum, so other people who made the same mistake can get help. Good luck!  

Yeah that's exactly what I was referring to, when checking the processing time for Application for Employment Authorization (I-765) at National Benefits Center based on a pending I-485 adjustment application [(c)(9)] on https://egov.uscis.gov/processing-times/ says estimated time 2.5 Months to 5 Months but I never said or suggested it would take only 2 months. I also think that's very unrealistic and I just shared what I found on the USCIS website.

 

I have done my research mainly by calling USCIS , checking with the USCIS website and sometimes on this forum, avvo.com or ***removed***. The thing is that sometimes even the USCIS website and agents share misleading information. We were even told once (on the phone with an USCIS agent) that I needed to wait some period of time from the AOS application date in order to apply for a work permit which later on I learned that it was completely wrong and just made me waste tons of time. 

We decided to apply for the I-485 and then later for the I-765 for several reasons including that applying for the I-765 was gonna be an extra $410 whether we filed them together or not.  Then I read this on the instructions for Form I-765, page 15 of 19 "Initial EAD. If this is your initial application and you are applying under one of the following categories, a filing fee is not required: 1. (a)(3) Refugee; 2. (a)(4) Paroled as Refugee; 3. (a)(5) Asylee; 4. (a)(7) N-8 or N-9 nonimmigrant; 5. (a)(8) Citizen of Micronesia, Marshall Islands, or Palau; 6. (a)(10) Granted Withholding of Deportation; 7. (a)(16) Victim of Severe Form of Trafficking (T-1); 8. (a)(19) U-1 Nonimmigrant; 9. (c)(1), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel; 10. (c)(8) Applicant for Asylum (an applicant filing under the special ABC procedures must pay the fee); or 11. (c)(31) VAWA Self-Petitioner " . Mine (c)(9) is not listed and on page 16 of 19 says "NOTE: If you filed Form I-485, Application to Register Permanent Residence or Adjust Status, as of July 30, 2007, and you paid the Form I-485 filing fee, no fee is required .o also file a request for employment authorization on Form I-765. You may file the Form I-765 with your Form I-485, or you may submit the Form I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of Form I-485 as of July 30, 2007." The whole thing has been very confusing.

 

As I said I just wanted to make sure what my options are before making any changes or decisions. I really don't want to mess up things in any way from now on. Thank you for your time! I'll keep this forum posted and any additional comments or recommendations that may be useful for my case are greatly appreciated. 

[Nouchigang 200]

Hello,

I also made that mistake and even sent a check for $410 for the EAD but it is actually free, when you have the AOS(i-485) pending, so if you have not sent the application package yet do not add the check, just make a copy of your NOA1 of your I-485 and add it with the application for EAD, with 2 pictures, I-94 etc.

AP (travel doc) is also free, even though you don't need to travel you never know it is best to send it as well.

When sent together, EAD and AP are combined in a combo card.

It is probably too late now, I see your post was made 2 months ago. Oh well, hopefully, it will help somebody else one of these days.

[Laura Hartman 0]

On 7/2/2018 at 11:38 AM, Nouchigang said:

Hello,

I also made that mistake and even sent a check for $410 for the EAD but it is actually free, when you have the AOS(i-485) pending, so if you have not sent the application package yet do not add the check, just make a copy of your NOA1 of your I-485 and add it with the application for EAD, with 2 pictures, I-94 etc.

AP (travel doc) is also free, even though you don't need to travel you never know it is best to send it as well.

When sent together, EAD and AP are combined in a combo card.

It is probably too late now, I see your post was made 2 months ago. Oh well, hopefully, it will help somebody else one of these days.

Is the travel document free as well?! I checked on USCIS and I saw it was like $490 (not sure cuz I checked a few months ago and don't remember). 

Short update on my EAD: my application was received on May 15th and they're using my current name on this application (Laura Hartman) however that was the only and last time I heard from them. No updates nor further information whatsoever. Next Friday it's gonna be 8 months since I filed my application. I contacted them multiple times after 6 months since according to the timeline processing times on their website it supposedly takes from 4-6 months but the only thing they do is to add some "notification" which they call request inquiry or something like that because the case is outside normal processing times. They make me wait 30 days to tell me there's no response from them so they just do it again (request of inquiry) and have me waiting another 30 days, possibly to tell me the exact same thing. I'm calling this week but I'm pretty sure that's all they're gonna say. It's been nearly 8 months and they know nothing and say they can't do anything about it. 

Edited January 6, 2019 by Laura Hartman

[Alabamak1 688]

21 minutes ago, Laura Hartman said:

Is the travel document free as well?! I checked on USCIS and I saw it was like $490 (not sure cuz I checked a few months ago and don't remember). 

Short update on my EAD: my application was received on May 15th and they're using my current name on this application (Laura Hartman) however that was the only and last time I heard from them. No updates nor further information whatsoever. Next Friday it's gonna be 8 months since I filed my application. I contacted them multiple times after 6 months since according to the timeline processing times on their website it supposedly takes from 4-6 months but the only thing they do is to add some "notification" which they call request inquiry or something like that because the case is outside normal processing times. They make me wait 30 days to tell me there's no response from them so they just do it again (request of inquiry) and have me waiting another 30 days, possibly to tell me the exact same thing. I'm calling this week but I'm pretty sure that's all they're gonna say. It's been nearly 8 months and they know nothing and say they can't do anything about it. 

yes, EAD and AP if you had applied for along AOS are free when stating it is a c(9) application. The c(9) is what tells them to wave the fee. No, i didn't read all the post, but you only filed for EAD and not AP? It may be taking longer for your EAD, because you didn't file together and now someone has to match your file to your EAD petition. The timeline of 4-6 month is usually for people that filed concurrently and maybe no RFE, since this delays the progress. 

 

Good luck

Edited January 6, 2019 by Alabamak1

[Nouchigang 200]

11 hours ago, Laura Hartman said:

Is the travel document free as well?! I checked on USCIS and I saw it was like $490 (not sure cuz I checked a few months ago and don't remember). 

Short update on my EAD: my application was received on May 15th and they're using my current name on this application (Laura Hartman) however that was the only and last time I heard from them. No updates nor further information whatsoever. Next Friday it's gonna be 8 months since I filed my application. I contacted them multiple times after 6 months since according to the timeline processing times on their website it supposedly takes from 4-6 months but the only thing they do is to add some "notification" which they call request inquiry or something like that because the case is outside normal processing times. They make me wait 30 days to tell me there's no response from them so they just do it again (request of inquiry) and have me waiting another 30 days, possibly to tell me the exact same thing. I'm calling this week but I'm pretty sure that's all they're gonna say. It's been nearly 8 months and they know nothing and say they can't do anything about it. 

Yes the travel document is also free, because you have a pending AOS so both AP and EAD are free. 

You have been waiting 8 months, oh gosh sorry about that, did you get any RFE? That is so weird. I would recommend that you book an Infopass appointment and speak to somebody about your EAD application and pressure them to do something about it because you are way outside of processing times. The best way to get an Infopass is to look around midinight-12:30AM: https://my.uscis.gov/en/appointment/us and you can find something in the next 2 weeks.

If you did not apply for your AP at the same time as the EAD, it is not too late, just fill out the application and mail it to the Chicago mailbox and make sure to add a copy of your pending I-485 receipt to show that it is still pending and the fee needs to be waived.

Hpefully by sending the AP application and it will get some movement on your file.

 

Good luck and take care

[Laura Hartman 0]

Hi there,

 

Yes, I just double checked that the fee is waived when you are waiting on an AOS application. No, I didn't get an RFE, the only thing I got was the notice of action on May 15th stating that they have received my application. I called USCIS after 6 months passed as it was outside processing time, all they did was to submit an “outside normal processing time” service request and have me waiting for another 30 days. After those 30 days I called back and they said there was no response and submitted another service request. When I called back after 30 days more, I basically got the exact same answer and they submitted another service request for the third time since there was no answer on the first two. This time I was also transferred to an immigration officer on the phone and she basically said that they just haven't made a decision yet, there are no updates on my application and I just needed to keep waiting. I checked on that link and my nearest office is not accepting walk-in requests or scheduling InfoPass appointments. I was also wondering if it would be possible to apply for an I-131 so I can visit my family this year and if that would be a valid reason for the "purpose of trip" question. I've read on several immigration forums that vacation, family obligations, and other personal purposes are valid answers to this question however I wanted to make sure in order to avoid an RFE. Thank you! @Nouchigang

[Nouchigang 200]

2 hours ago, Laura Hartman said:

Hi there,

 

Yes, I just double checked that the fee is waived when you are waiting on an AOS application. No, I didn't get an RFE, the only thing I got was the notice of action on May 15th stating that they have received my application. I called USCIS after 6 months passed as it was outside processing time, all they did was to submit an “outside normal processing time” service request and have me waiting for another 30 days. After those 30 days I called back and they said there was no response and submitted another service request. When I called back after 30 days more, I basically got the exact same answer and they submitted another service request for the third time since there was no answer on the first two. This time I was also transferred to an immigration officer on the phone and she basically said that they just haven't made a decision yet, there are no updates on my application and I just needed to keep waiting. I checked on that link and my nearest office is not accepting walk-in requests or scheduling InfoPass appointments. I was also wondering if it would be possible to apply for an I-131 so I can visit my family this year and if that would be a valid reason for the "purpose of trip" question. I've read on several immigration forums that vacation, family obligations, and other personal purposes are valid answers to this question however I wanted to make sure in order to avoid an RFE. Thank you! @Nouchigang

Wow this is crazy just like that they have not made a decision 8 months later for your EAD. Sorry again.

Yes it is still possible to apply for AP, I applied for mine a few months after EAD. you just fill out the application, send with the 2 pictures and copy of your pending I-485 receipt so that they can waive the fee.

Yes it is true, like you read on other forums you can just write "family obligations" or "vacation" on the section "purpose of trip"

Also I strongly suggest you contact your local senator (google who is my senator with the zip code) AND ombudsman ( https://www.dhs.gov/case-assistance ) to have them make a request on your behalf to see why your EAD is taking so long, this is not normal.

Good luck