Urgent! Can i fly back to home country before AOS?

[Lili_K 39]

5 minutes ago, Ontarkie said:

My marriage license is the same as my marriage certificate. They can be both, dual purpose. 

ok thank you so much.i do see marriage license on top and the bottom it says certificate of marriage. and we did get another paper that says record of marriage with the stamp on it. i will photocopy both and send it in.

[retheem 566]

5 hours ago, Lili_K said:

Due to medical emergency in my family member, I am wondering if i am able to fly back before submitting my Adjustment of Status?

I have just gotten married on the 21st April and will be submitting the marriage License to the court house today..

I am still compiling the I-485 as fast as I can. 

 

 Would i have to file form I-131?

If you leave before the I-131 is approved, then you will start from scratch i.e. file CR1. You will have to decide which is more important for you-seeing your family member now or wait until the I-131 is approved.

[Dashinka 24,519]

Depending on the urgency, if you get the I485/I131 filed you can request an emergency expedite.

 

Emergency Advance Parole Documents

If you are experiencing an extremely urgent situation, you may request an emergency advance parole appointment at your local field office by contacting the USCIS Contact Center. You should bring the following items to your appointment:

• A completed and signed Form I-131, Application for Travel Document
• The correct I-131 filing fee
• Evidence to support the emergency request (e.g. medical documentation, death certificate)
• Two passport-style photos.

https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel

[Sarge2155 4,587]

1 hour ago, Ontarkie said:

My marriage license is the same as my marriage certificate. They can be both, dual purpose. 

This is correct mine are one in the same also. I think it depends on which state is issuing the license and or the certificate.

[aaron2020 11,651]

Emergency AP would require a copy of the NOA1 from filing the I-485.  Some folks are reporting that it's taking up to 3 months to get their NOA1.  Filing the I-485 without an NOA1 will not be enough to get Emergency AP.

[aaron2020 11,651]

A marriage license once recorded can become a marriage certificate.  It must be recorded in order to be a marriage certificate.  

 

Much like an immigrant visa once endorsed by CBP becomes an I-551 "green card."  It must be endorsed in order to be an I-551.

[Dashinka 24,519]

34 minutes ago, aaron2020 said:

Emergency AP would require a copy of the NOA1 from filing the I-485.  Some folks are reporting that it's taking up to 3 months to get their NOA1.  Filing the I-485 without an NOA1 will not be enough to get Emergency AP.

You are right of course, the NOA from the AOS is required to even begin an AP emergency expedite.  The OP needs to be some tough decisions depending on the nature of the emergency.

[LilyKins 121]

14 hours ago, Sarge2155 said:

This is correct mine are one in the same also. I think it depends on which state is issuing the license and or the certificate.

I think this might depend on the state. We got married in PA and our marriage license came with an ornate looking certificate of marriage attached via perforations, which was separated from the license, signed the day we got married and immediately returned to us, but we had to wait for the actual legal marriage certificate in the mail afterwards. As the clerk put it, the first document was "just the pretty one" and wasn't the legal one. 😆

[Lili_K 39]

Would a name change though SSA office affect your passport? would i have to reflect the nam change on the passport, forms etc?

And would i have to do the name change before filing I-485?

[Dashinka 24,519]

1 minute ago, Lili_K said:

Would a name change though SSA office affect your passport? would i have to reflect the nam change on the passport, forms etc?

And would i have to do the name change before filing I-485?

If you mean your foreign passport, then no.  The name change can actually be conducted using the marriage certificate.  If you have taken your spouse's family name due to marriage, you can submit your I485/I131/I765 with that desired name.  As to changing it at SSA, YMMV as to if you will be able to do this without a US government ID (i.e. AP/EAD or GC) showing the new name.  Technically the SSA should allow you to change your name with just the marriage certificate, but there have been many failures trying to do that.

[aaron2020 11,651]

4 minutes ago, Lili_K said:

Would a name change though SSA office affect your passport? would i have to reflect the nam change on the passport, forms etc?

And would i have to do the name change before filing I-485?

A name change through SSA will not affect your passport.  

You do have to change the name on your foreign passport.   

 

Your marriage certificate allows you to change your last name to take your husband's last name.  If you want your green card to have your new last name, then file the I-485 using your new last name.

[Lili_K 39]

37 minutes ago, Dashinka said:

If you mean your foreign passport, then no.  The name change can actually be conducted using the marriage certificate.  If you have taken your spouse's family name due to marriage, you can submit your I485/I131/I765 with that desired name.  As to changing it at SSA, YMMV as to if you will be able to do this without a US government ID (i.e. AP/EAD or GC) showing the new name.  Technically the SSA should allow you to change your name with just the marriage certificate, but there have been many failures trying to do that.

So i would need to get a US gov ID showing the new name before going to SSA office. is that correct?

[aaron2020 11,651]

Just now, Lili_K said:

So i would need to get a US gov ID showing the new name before going to SSA office. is that correct?

Most likely.  You can use your EAD/AP combo card.  

[Lili_K 39]

2 minutes ago, aaron2020 said:

Most likely.  You can use your EAD/AP combo card.  

OK! can i submit form I-131 along with my I-485?

[aaron2020 11,651]

3 minutes ago, Lili_K said:

OK! can i submit form I-131 along with my I-485?

You should absolutely submit the I-131 (AP) and I-765 (EAD) with your I-485.  The I-131 and I-765 are free when you file with the I-485.

Have you looked at the VJ's Guide for adjusting status?

 

Edited April 27, 2021 by aaron2020