How late is too late for AOS?

[pajobra 1,395]

8 hours ago, HavenevaH said:

@geowrian

 

 or anyone else that can help...

 

I have my documents ready i believe,  but just wanted to re-visit this question before I send them off. 

 

Regarding putting my wife's married name on I-485, without having changed it with social security, etc. 

 

I read this on another forum, and it has me confused:

 

"You fill it in with your current legal name. If you legally changed your name as part of the marriage, then the new name is now your legal name. Not all people legally change their names as part of marriage. If you changed your name, then the marriage certificate should indicate that, and the marriage certificate serves as proof of legal name change. For your I-485 you will need to provide both your birth certificate and proof of name change (marriage certificate) because your current name will be different than the one on your birth certificate. It's okay to use documents in your former name as long as you use them in conjunction with the marriage certificate which proves the name change."

---

 

On our marriage certificate is her maiden name, which I thought was standard on any marriage certificate. Here, in TN, we just take the marriage certificate to the social security office to apply for name change, and that's that. However, I failed to do that within the 90 days for the I-485.

 

This just has me really confused, and I just don't want to run the risk of a denied application because of something so trivial.

 

So, although our marriage certificate has her maiden name, and nothing has been done by us to change her name legally with social security office, I can still put her married name on I-485?

 

Thanks again and sorry for re-hashing this

 

 

Mine also only had my maiden name but I signed with the name I wanted to use which was my husbands. I just got my EAD in the mail a week ago and went to the SSA office and took my marriage license and EAD card and got my SSN card changed to my married name.  Once she gets her EAD that is all she has to do to get the SSN card. Good luck to you both!!

[HavenevaH 2]

Thanks a lot! @pajobra

 

Exactly what i wanted to hear. 

[javadown2 308]

On 5/19/2018 at 6:35 AM, HavenevaH said:

Hi, 

 

My fiancé arrived on February 15th 2018, and we were just married on April 22nd. 

 

I knew that the next step was to file for Adjustment of Status, but i was under the misassumption that there wasn’t a strict time limit to do this, although I wanted to do it as soon as possible. 

 

Life happens,... a new position at work, a death in my family, trying to save the money for AOS, etc.. just literally haven’t had time to sit down and get the paperwork started until now. 

 

So I finally gathered my wits and will be working on this now until it’s finished and turned in. 

 

However, I have several questions and I need help being pointed in the right direction. 

 

My wife’s K-1 status expired 4 days ago. 

I called USCIS yesterday for questions about the AOS, (again under the assumption I had time to apply) and they informed me that I should have applied before the 90 days, and that she is now out of status. Which of course worries me. 

 

My my main question is are we doomed and is she de-portable now?

 

Also, we just got married, so we want to get her name changed.. but found out also yesterday that they check I-94 along with Marriage Cert at the Social Security office to do this.. and I-94 is now 4 days expired also. 

 

Lastly, since I-94 is expired, no social security number, and we have to wait for EAD for her to work. I have no idea how long this takes. 

 

I realize that some of my unpreparedness was because I had put AOS, etc on the back burner.. which was a mistake. But this process is also very confusing. 

 

If if anyone could reach out to answer my questions, and point us in the right direction, I would be very grateful. 

 

Thanks so much

The search engine does work on this site you know...everyone of your questions and concerns has been thoroughly discussed at great lengths already. 

 

sorry you are a little late to the answers to some of these questions....this site has lots of great information and I'm sure lots of people will give you what you need. In the mean time...do search some of the questions and go over the guides that are available. 

[javadown2 308]

On 5/19/2018 at 9:18 PM, HavenevaH said:

Thanks TNJ17. 

 

As i mentioned in my first post, a lot happened in a very short amount of time to put us behind, but hopefully we’ll get it out soon. We’ve started completing the forms today and will be scheduling her medical exam Monday. 

 

As for her social security, that definitely was a blunder of mine. But we’re ok waiting for EAD, as there is no real hurry for her to work right now. 

 

Does the AP, allowing her to travel, come at about the same time as EAD?

 

Thanks again

Most of us have a lot happening at once when we do these types of immigration procedures...including newly married, finding a bigger place to live, adjusting to a new life...etc..but it doesn't mean you shouldn't have a good understanding of what is required of you (paperwork, timing of requests and next steps). At this point it EAD and AP are taking a long time to get processed...everyones case is different..we applied for EAD and AP also when we sent off my wifes AOS paperwork...but neither got approved before she got her greencard (3 months!).

 

Anyways, your probable talking 5-6 months for AP and EAD..but no hurry right if she isn't going to work?

 

 

Can you fill out your timeline on your profile..this helps others to know where you are, what you filed and times. 

 

[HavenevaH 2]

Right. 5-6 months is ok, because she probably won’t be working for another year anyway.

 

Duly noted... but I always research first and don’t find what I’m looking for, or don’t entirely understand what I have found, before I post. 

 

Thanks for your reply.