How long is it taking to get NOA1?

[slavaskii 886]

Good afternoon! My fiancee will be filling soon for AoS after our marriage and I was just curious about how long it's taking to get NOA1. I recall from the I-129F process, we received a text a week or two after our packet was received, but couldn't actually 'see' the NOA1 until it was physically sent to us in the mail (there was no online account). My understanding from reading these progress threads is that you all are receiving texts that are letting you into an online account, which I presume to contain NOA1.

 

I ask because our wedding is on the 51st day of entry and we'll be filing for AoS within the following week (we have been busy planning the wedding as we've been together for almost 7 years and wanted to do as much as we could). We've been fortunate that our K1 interview was literally just last month so our financial materials and medical DS-3025 are still up-to-date. I just want to ensure that we'd have proof of our filing through the NOA1 before the 90 days are up (we’ll be filing around day 59, likely earlier). 

 

Separately (perhaps better for another thread, but I'll try here anyway): is it advisable to change last name immediately after marriage, or does that complicate things later on? We already have a SSN with her current, maidan name. The AoS guide here (this is still the updated one, correct?) doesn't mention anything about using a new last name, but I've seen it mentioned elsewhere.

 

TIA!

Edited July 24, 2022 by slavaskii

[EatBulaga 301]

1 hour ago, slavaskii said:

Good afternoon! My fiancee will be filling soon for AoS after our marriage and I was just curious about how long it's taking to get NOA1. I recall from the I-129F process, we received a text a week or two after our packet was received, but couldn't actually 'see' the NOA1 until it was physically sent to us in the mail (there was no online account). My understanding from reading these progress threads is that you all are receiving texts that are letting you into an online account, which I presume to contain NOA1.

 

I ask because our wedding is on the 51st day of entry and we'll be filing for AoS within the following week (we have been busy planning the wedding as we've been together for almost 7 years and wanted to do as much as we could). We've been fortunate that our K1 interview was literally just last month so our financial materials and medical DS-3025 are still up-to-date. I just want to ensure that we'd have proof of our filing through the NOA1 before the 90 days are up (we’ll be filing around day 59, likely earlier). 

 

Separately (perhaps better for another thread, but I'll try here anyway): is it advisable to change last name immediately after marriage, or does that complicate things later on? We already have a SSN with her current, maidan name. The AoS guide here (this is still the updated one, correct?) doesn't mention anything about using a new last name, but I've seen it mentioned elsewhere.

 

TIA!

First, congratulations! I remember our previous discussions during K1.

Glad to see that your K1 beneficiary made it to the US!

 

About NOA1, it can be all over the place. We got our NOA1 mail in 1-week from the delivery receipt but we are still waiting for the e-Notification (from the G-1145) and Access code mail (see our Timeline). Best to get an idea of notifications by looking at some of the previous months AOS filer threads like June AOS or May AOS threads.

 

With regards to filing for AOS and marriage certificate, the marriage certificate is the legal name change. Make sure you include the marriage certificate in the AOS filing. In many cases, you have to wait a period after the marriage license is submitted by the officiant before being able to order the marriage certificate from the county clerk's office. So everything from the SSN name change to filing joint accounts, etc., getting the marriage certificate sooner is better. I tried to list most of our steps in our profile and Timeline, so others can see our progression. Good luck!

 

Edited July 24, 2022 by EatBulaga

[slavaskii 886]

38 minutes ago, EatBulaga said:

First, congratulations! I remember our previous discussions during K1.

Glad to see that your K1 beneficiary made it to the US!

 

About NOA1, it can be all over the place. We got our NOA1 mail in 1-week from the delivery receipt but we are still waiting for the e-Notification (from the G-1145) and Access code mail (see our Timeline). Best to get an idea of notifications by looking at some of the previous months AOS filer threads like June AOS or May AOS threads.

 

With regards to filing for AOS and marriage certificate, the marriage certificate is the legal name change. Make sure you include the marriage certificate in the AOS filing. In many cases, you have to wait a period after the marriage license is submitted by the officiant before being able to order the marriage certificate from the county clerk's office. So everything from the SSN name change to filing joint accounts, etc., getting the marriage certificate sooner is better. I tried to list most of our steps in our profile and Timeline, so others can see our progression. Good luck!

 

Thank you so much - happy to see you on this end as well! Yes, we got her out of Poland the week she got the visa, it's been a crazy ride but so happy to be on the other side. 

 

Thanks for the information about NOA1. Good to know there's a physical document sent fairly quickly, I believe it was the other way around for I-129F. I'll definitely peruse those filing threads, I just saw people mentioning texts and was very confused about where the NOA1 is actually found. Especially considering that's what 'confirms' your status here, I was a bit surprised you couldn't access it quicker online. 

 

And thanks for the information about the marriage certificate being the legal name change - I figured that's what would do it, but don't we have to confirm with the court whether or not we want the name to update? We were told (in DC) that after the officiant signs the certificate and it's returned to the court, it takes 2-3 days to procure a certified copy. When did you ask for your name change, when you returned to the clerk's office? And if yes, did doing this seem to add any extra time to your wait for the certified copy?

 

Your profile timeline is incredibly helpful. My understanding is you did this: applied SSN, received SSN, got married / updated last name, got marriage certificate, updated SSN, sent AoS with new last name (any document confirming name change, or was that just the certificate?), received new SSN? I know joint bank accounts aren't necessary for AoS, but for my own edification, did you do this before/after updating your fiancee's name?

 

Thanks a million!

[EatBulaga 301]

1 hour ago, slavaskii said:

Thank you so much - happy to see you on this end as well! Yes, we got her out of Poland the week she got the visa, it's been a crazy ride but so happy to be on the other side. 

 

Thanks for the information about NOA1. Good to know there's a physical document sent fairly quickly, I believe it was the other way around for I-129F. I'll definitely peruse those filing threads, I just saw people mentioning texts and was very confused about where the NOA1 is actually found. Especially considering that's what 'confirms' your status here, I was a bit surprised you couldn't access it quicker online. 

 

And thanks for the information about the marriage certificate being the legal name change - I figured that's what would do it, but don't we have to confirm with the court whether or not we want the name to update? We were told (in DC) that after the officiant signs the certificate and it's returned to the court, it takes 2-3 days to procure a certified copy. When did you ask for your name change, when you returned to the clerk's office? And if yes, did doing this seem to add any extra time to your wait for the certified copy?

 

Your profile timeline is incredibly helpful. My understanding is you did this: applied SSN, received SSN, got married / updated last name, got marriage certificate, updated SSN, sent AoS with new last name (any document confirming name change, or was that just the certificate?), received new SSN? I know joint bank accounts aren't necessary for AoS, but for my own edification, did you do this before/after updating your fiancee's name?

 

Thanks a million!

You can join the July AOS filers thread, but it doesn't seem to be as active as the May AOS or June AOS filer threads at the moment? 

https://www.visajourney.com/forums/topic/786775-july-2022-aos-filers/

 

Aside from the G-1145 e-Notifications, USCIS is supposed to send you a separate Access code mail different from the NOA1s. You use the Access code to see your updates and Biometrics info after login to myUSCIS? (I think. We are still waiting for our Access code)

https://my.uscis.gov/

 

The visajourney AOS stats page may be a little outdated but does have some numbers for you to compare with.

https://www.visajourney.com/timeline/aosstats.php

 

You are correct in interpreting my Timeline.

There is NO "other document confirming name change" besides the marriage certificate.

Like I mentioned, the marriage certificate is the legal name change. So if your wife wants to prove she is her marriage name, she shows her passport (photo and maiden name) and marriage certificate (maiden name linked to marriage name).

 

So when you go change the SSN name, you take the passport, marriage certificate, I-94, old SSN, birth certificate, etc. and fill out a new SS-5.

https://www.ssa.gov/forms/ss-5.pdf

When you go to the bank to open an account with the marriage name, they want to see the passport, marriage certificate, SSN, etc. We did this with joint billings, etc.

And when we went to get my wife the state ID, we used the joint billing name (marriage name), and marriage certificate, passport, I-94, etc.

 

We applied the name change with the marriage certificate to as many different places (like joint billing, joint accounts, health insurance, etc.) as we can and included them in the AOS filing even though they are not technically required by the AOS. And we were able to get the AOS filed 1-month after her US entry.

 

Even though technically, the I-94 is trumped by the marriage certificate and AOS filing, I highly recommend get as many things into the marriage name before the I-94 expires and carry it around. Otherwise, the foreign spouse has to carry the NOA1s, AND I-94 along with the passport and marriage certificate around to prove legal residence AND AOS is filed on time AND she is her married name--just less explaining and hassles with clerks not familiar with the AOS process. Getting the state ID can simplify a lot of the ID hassles.

 

I may have overly documented in some cases, but I rather over-do-it than risk under-do-it and have to deal with the bureaucratic hassles and wait, etc. just to prove the bureaucracy is at fault. I hope this clarifies some of your questions?

[slavaskii 886]

47 minutes ago, EatBulaga said:

You are correct in interpreting my Timeline.

There is NO "other document confirming name change" besides the marriage certificate.

Like I mentioned, the marriage certificate is the legal name change. So if your wife wants to prove she is her marriage name, she shows her passport (photo and maiden name) and marriage certificate (maiden name linked to marriage name).

 

We applied the name change with the marriage certificate to as many different places (like joint billing, joint accounts, health insurance, etc.) as we can and included them in the AOS filing even though they are not technically required by the AOS. And we were able to get the AOS filed 1-month after her US entry.

 

Even though technically, the I-94 is trumped by the marriage certificate and AOS filing, I highly recommend get as many things into the marriage name before the I-94 expires and carry it around. Otherwise, the foreign spouse has to carry the NOA1s, AND I-94 along with the passport and marriage certificate around to prove legal residence AND AOS is filed on time AND she is her married name--just less explaining and hassles with clerks not familiar with the AOS process. Getting the state ID can simplify a lot of the ID hassles.

 

Thank you so much for this! This is a fantastic rundown. It's wild to me there's no further form required to adopt the husband's surname; I guess it makes sense, it just seems bewildering to me that after all this paperwork, this is so simple. Lol

 

And that's a great tip, to get everything with the new surname together before the I-94 expires. Do you think I should have everything I submit alongside the AoS packet in the new surname as well? The current lease is in her maidan name, so that would need to be updated, and if I add her to my bank account, I presume it would be easier to do this after I procure the certified copies. It seems as if my options are to: (a) send the I-485 2-3 days after the wedding with the new last name and evidence such as joint accounts / lease in the maidan name, or (b) have to wait an extra week or two to send the I-485 with the new last name and the aforementioned documents with that surname as well. 

 

If I could just update everything after submitting AoS but before the I-94 expires, that would certainly be more convenient. 

 

Edit: I should also clarify, where are we getting the idea that we need to submit additional evidence alongside the I-485? I've heard everyone (and you in the quoted post) mention that none of this is actually required, but as I'm reading through the instructions, I'm not sure I actually see where/why we'd submit anything outside the marriage certificate? Thanks!

Edited July 24, 2022 by slavaskii

[EatBulaga 301]

1 hour ago, slavaskii said:

Thank you so much for this! This is a fantastic rundown. It's wild to me there's no further form required to adopt the husband's surname; I guess it makes sense, it just seems bewildering to me that after all this paperwork, this is so simple. Lol

 

And that's a great tip, to get everything with the new surname together before the I-94 expires. Do you think I should have everything I submit alongside the AoS packet in the new surname as well? The current lease is in her maidan name, so that would need to be updated, and if I add her to my bank account, I presume it would be easier to do this after I procure the certified copies. It seems as if my options are to: (a) send the I-485 2-3 days after the wedding with the new last name and evidence such as joint accounts / lease in the maidan name, or (b) have to wait an extra week or two to send the I-485 with the new last name and the aforementioned documents with that surname as well. 

 

If I could just update everything after submitting AoS but before the I-94 expires, that would certainly be more convenient. 

 

Edit: I should also clarify, where are we getting the idea that we need to submit additional evidence alongside the I-485? I've heard everyone (and you in the quoted post) mention that none of this is actually required, but as I'm reading through the instructions, I'm not sure I actually see where/why we'd submit anything outside the marriage certificate? Thanks!

Remember that the I-485 is filed by the foreign spouse, and not the US citizen spouse.

So by default, the foreign spouse is applying the I-485 with the married name should the marriage certificate have the name change. The foreign spouse will document the maiden name in the I-485 in the section "Other Names You Have Used Since Birth".

 

Given the 2 options that you listed, I would recommend that you file the AOS as soon as you get your marriage certificate since you may be closer to the 60-day mark out of the 90-days by the time you are ready to file the AOS. Should you complete your wedding and AOS paperwork closer to the 30-days, you can spend an extra couple of weeks to name change the accounts and include them in the AOS filing. The joint accounts and evidence of marriage can all be taken to the AOS interview so you do have time to do all these after AOS filing.

 

The I-94 expiration date for name change is not a hard-fast rule. It is just my guideline that I recommend to change names on accounts to avoid any hassles with clerks or agents not familiar with the AOS process. For example, the lady at the bank that helped us set up our joint accounts took a 1.5 hours and still wanted to see the I-94 even though we offered her the passport K1 visa and marriage certificate. Should the I-94 have been expired, she might have spent some more time asking her supervisor and we would have waited 2 hours, etc.

 

Other places where the marriage certificate needs to be carried around to prove name change is flight boarding as discussed here

https://www.visajourney.com/forums/topic/786938-passenger-information-on-international-flight-bookings/

 

Edited July 25, 2022 by EatBulaga

[slavaskii 886]

8 minutes ago, EatBulaga said:

Remember that the I-485 is filed by the foreign spouse, and not the US citizen spouse.

So by default, the foreign spouse is applying the I-485 with the married name should the marriage certificate have the name change. The foreign spouse will document the maiden name in the I-485 in the section "Other Names You Have Used Since Birth".

 

Given the 2 options that you listed, I would recommend that you file the AOS as soon as you get your marriage certificate since you may be closer to the 60-day mark out of the 90-days by the time you are ready to file the AOS. Should you complete your wedding and AOS paperwork closer to the 30-days, you can spend an extra couple of weeks to name change the accounts and include them in the AOS filing. The joint accounts and evidence of marriage can all be taken to the AOS interview so you do have time to do all these after AOS filing.

 

The I-94 expiration date for name change is not a hard-fast rule. It is just my guideline that I recommend to change names on accounts to avoid any hassles with clerks or agents not familiar with the AOS process. For example, the lady at the bank that helped us set up our joint accounts took a 1.5 hours and still wanted to see the I-94 even though we offered her the passport K1 visa and marriage certificate. Should the I-94 have been expired, she might have spent some more time asking her supervisor and we would have waited 2 hours, etc.

 

Wonderful! Thanks again for the detailed responses. Makes sense, then, that if the marriage certificate is being included the new surname can be included on the I-485 without any issue. Clearly I'm just overthinking it, thanks so much.

 

And yes, I think the first option is definitely what we'll do. I dug through the 40 page instructions (which is what everyone should do first, btw! :)) and it was clear to me that the only thing necessary for the AoS package is the marriage certificate. It seems as if from filling until the interview, you may gather whatever evidence you can and present it there, but nothing else must to be submitted in the original packet; i.e., what you submit is not all you can take to the interview. With that in mind, it definitely makes sense to send everything out right after getting the certified copies and then going to the bank etc. before the I-94 expires. Sounds about right?

 

Thanks again, and best of luck with the rest of your process! 

[EatBulaga 301]

On 7/24/2022 at 8:39 PM, slavaskii said:

With that in mind, it definitely makes sense to send everything out right after getting the certified copies and then going to the bank etc. before the I-94 expires. Sounds about right?

Another example of where a government worker was not familiar with the AOS superceding the I-94 was at the driver's license office yesterday. I took my wife to take the driver's permit test. We showed the I-797C from the I-485, and her foreign passport. But the government worker insisted on seeing the I-94. I even explained to her that filing the I-485 shows her legal status, but she still insisted that they will go by the I-94. Imagine if the I-94 was expired?

Edited July 26, 2022 by EatBulaga

[P055UM 265]

On 7/26/2022 at 1:31 PM, EatBulaga said:

Another example of where a government worker was not familiar with the AOS superceding the I-94 was at the driver's license office yesterday. I took my wife to take the driver's permit test. We showed the I-797C from the I-485, and her foreign passport. But the government worker insisted on seeing the I-94. I even explained to her that filing the I-485 shows her legal status, but she still insisted that they will go by the I-94. Imagine if the I-94 was expired?

I had to present my I94 (as well as 797s) when I got my DL even though it was expired…go figure. I swear they make it up as they go along. 

[Villanelle 4,121]

On 7/26/2022 at 2:31 PM, EatBulaga said:

Another example of where a government worker was not familiar with the AOS superceding the I-94 was at the driver's license office yesterday. I took my wife to take the driver's permit test. We showed the I-797C from the I-485, and her foreign passport. But the government worker insisted on seeing the I-94. I even explained to her that filing the I-485 shows her legal status, but she still insisted that they will go by the I-94. Imagine if the I-94 was expired?

Filing the 485 does NOT give status. The NOA even states it's not any kind of proof of status. The k visa is unique. It allows a legal entry and then 90 days of status for you to marry. You then file for adjustment. You are considered to be in a period of authorized stay. That means you don't have status but are allowed to be here while the paperwork processes. You can and should file for an EAD. You are allowed to file for such when you have a pending 485. Once the EAD is approved you technically have a status- EAD holder. Its silly, I know. 

[EatBulaga 301]

6 hours ago, Villanelle said:

Filing the 485 does NOT give status. The NOA even states it's not any kind of proof of status. The k visa is unique. It allows a legal entry and then 90 days of status for you to marry. You then file for adjustment. You are considered to be in a period of authorized stay. That means you don't have status but are allowed to be here while the paperwork processes. You can and should file for an EAD. You are allowed to file for such when you have a pending 485. Once the EAD is approved you technically have a status- EAD holder. Its silly, I know. 

The problem for K1-to-AOS filers is what to show for legal presence after the I-94 expires if not the I-797Cs? I thought the I-797C NOA1 supercedes the I-94? Apparently not enough government authorities understands that and I'm coming to the conclusion to get as much paperwork completed like into the marriage name, joint accounts, etc. before the I-94 expires or it will just be that much more hassle getting them to accept the NOA1?

[EatBulaga 301]

12 hours ago, AW1704 said:

I had to present my I94 (as well as 797s) when I got my DL even though it was expired…go figure. I swear they make it up as they go along. 

Although it is not a hard-fast rule, I'm thinking that the K1-to-AOS filers best complete as much paperwork like name change, joint accounts/bills/lease, driver's license, etc. BEFORE the I-94 expires, since many government offices, financial institutions, etc. are not familiar enough with the AOS process to accept the I-797C NOA1 superceding the I-94. And then wait out hopefully not having to fill out anything else until after the green card?

 

This can be filed as another disadvantage for the K1 in the K1 vs CR1 debate.

[P055UM 265]

1 hour ago, EatBulaga said:

Although it is not a hard-fast rule, I'm thinking that the K1-to-AOS filers best complete as much paperwork like name change, joint accounts/bills/lease, driver's license, etc. BEFORE the I-94 expires, since many government offices, financial institutions, etc. are not familiar enough with the AOS process to accept the I-797C NOA1 superceding the I-94. And then wait out hopefully not having to fill out anything else until after the green card?

 

This can be filed as another disadvantage for the K1 in the K1 vs CR1 debate.

Agree, the general lack of certainty of status is certainly a disadvantage for the K1. 
 

In my specific case, I couldn’t get a DL til I had my SS card. My SS card was approved just a couple of days before my I94 expired so obviously the card didn’t turn up until some time after the I94 expiry. When I went to the DMV, they requested (and were perfectly happy to accept) my expired I94 - lord knows what they think it proved, other than, I guess, that I was at some point allowed into the country legally. 

[Chancy 6,239]

10 hours ago, EatBulaga said:

The problem for K1-to-AOS filers is what to show for legal presence after the I-94 expires if not the I-797Cs? I thought the I-797C NOA1 supercedes the I-94? Apparently not enough government authorities understands that and I'm coming to the conclusion to get as much paperwork completed like into the marriage name, joint accounts, etc. before the I-94 expires or it will just be that much more hassle getting them to accept the NOA1?

 

Some states require that applicants have legal immigration status before they can be issued a DL.  So for some states, it's possible that the DMV staff are actually complying with their state's policy when they don't issue DL to those without legal status, including AOS applicants prior to getting EAD.  As mentioned above, K1 visa holders have legal status during the 90 days that their I-94 is valid, then they go out of status.  Filing AOS does not give them legal status, only authorized stay.

 

[Villanelle 4,121]

12 hours ago, EatBulaga said:

The problem for K1-to-AOS filers is what to show for legal presence after the I-94 expires if not the I-797Cs?

 

What legal presence? Again the k visa holder does not have a 'legal status',  they are considered to be 'in a period of authorized stay'. This means they are not 'illegal' nor are they considered 'legal'. 

 

Showing the 797c establishes one is not here illegally but it doesn't establish legal. 

 

12 hours ago, EatBulaga said:

 

 thought the I-797C NOA1 supercedes the I-94?

 

Yes it does but in a limited capacity. 

12 hours ago, EatBulaga said:

 

Apparently not enough government authorities understands that

 

They do understand. The 797 is not on the list of documents used to establish a legal status. It can be used to establish you don't have the opposite, an illegal or non legal status. But as others have stated showing you are not illegal is often not enough. They want to see proof you actually have status and the 797 isn't that. The EAD is. You are then a valid EAD holder. 

 

12 hours ago, EatBulaga said:

 

and I'm coming to the conclusion to get as much paperwork completed like into the marriage name, joint accounts, etc. before the I-94 expires or it will just be that much more hassle getting them to accept the NOA1?

Very few will accept the 797c, mostly because they have master checklists that outlines what documents can be accepted. Because the 797 only establishes you are not illegal its not usually on the list of documents that establish status. 

 

Does that all make sense? I know its confusing and the terms can be contradicting sounding. 

 

And yes! Absolutely the K should attempt to do as much as possible during the 90 days, less they have to wait until EAD is in hand. But don't kick yourself about what could have been. Many places that would have accepted the i94 might have only given benefits for the period of the i94 and once it was up asked for updated proof of legal status such as an EAD or greencard or i94 with later expiration on it.