AOS filing/Recently married on K1 visa

[Al&Ran 1]

I arrived to the US on a K1 visa on 5/31/2023. My husband and I got married on 6/1/2023 and we are looking to file for my adjustment of status. Does he need to file an I-130 petition for me? We will file it along with the I-485, I-864 and I-765. 

 

I applied for a social security number on 6/2/2023. I want to change my legal name (change my first name and take my husband's last name). Social security agreed to change my last name but not my first name. Do I have to just file a name change with a local court or can I change my legal name with USCIS directly?

 

Please re categorize this post if needed. Thanks in advance.

[Boiler 45,464]

Courts deal with name changes

 

I 130 is if you did not marry in 90 days.

[Chancy 6,241]

*** Moved from IR1/CR1 Progress Reports to AOS from K1 Visas forum ***

 

22 minutes ago, Al&Ran said:

Does he need to file an I-130 petition for me? We will file it along with the I-485, I-864 and I-765. 

 

For K1 visa holder married within 90 days of US entry, no need for I-130.  Make sure to check the K1 filing category on the I-485 form, and include a copy of your I-129F approval notice with your I-485 package.  I also recommend filing I-131 with the I-485.
 

25 minutes ago, Al&Ran said:

Do I have to just file a name change with a local court or can I change my legal name with USCIS directly?

 

To change your first name, you will need to file a name change petition with your state court.

 

[nelmagriffin 148]

or you may wait during your citizenship time as you can change your name during this time.

[Al&Ran 1]

Thank you so much for your recommendations. We will submit the forms to USCIS first and will then file the name change with our local court. Once the name change is official, will there be a cost with USCIS to update my name on the EAD or green card?

 

 

[Boiler 45,464]

1 minute ago, Al&Ran said:

Thank you so much for your recommendations. We will submit the forms to USCIS first and will then file the name change with our local court. Once the name change is official, will there be a cost with USCIS to update my name on the EAD or green card?

 

 

Yes

[Crazy Cat 41,832]

59 minutes ago, Al&Ran said:

will there be a cost with USCIS to update my name on the EAD or green card?

I believe the filing fees for an I90 are $540 ($455 + $85) right now.  

Edited June 11, 2023 by Crazy Cat

[Al&Ran 1]

Our local court will not allow a name change since I am not a permanent resident/US citizen.

[Crazy Cat 41,832]

6 minutes ago, Al&Ran said:

Our local court will not allow a name change since I am not a permanent resident/US citizen.

That is reasonable.  You will just have to wait until after you get a Green card to change first name.  You cannot change your first name on USCIS documents until after a legal name change of first name.  But, You can use a combination of names listed on your marriage certificate:

Jane Doe Marries John Smith.

Jane can us Jane Doe, Jane Smith, or Jane-Doe-Smith

Edited June 13, 2023 by Crazy Cat