AOS from B2, used to live in US

[speedster 26]

Hey all, we arrived in late December but our life took an down turn with hospital visits and sickness. We decided it was best to settle down back in the US due to this and because insurance wasn't playing nice abroad (go figure).

 

We've been away from the US for over 5 years and married for more than that. My spouse has had an EWI and an apparent order of deportation, less than 3 months of their arrival they were given TPS and she's had it till the day we left the US. Fast forward to us leaving the US and her applying for her B2, the consulate themselves said that she does not have an order of deportation against her and approved her B2. We've used the B2 several times to visit family/friends.

 

Now a few questions: 

My spouse now has a legal entry so I'm assuming there wouldn't be any problems whatsoever with that, right?

 

We filled our 2023 taxes but since we were abroad we used the FEIE, how will this affect us with the I864? I have a new job now with my employment letter, does that matter more?

 

My spouse would like to change her last name to mine now. The thing is her country will name her passport as a hyphenated including to her name (She said that it's not possible to completely change it), for example: "Mary Jane Marie wants to have Smith instead of Jane Marie". How will this work with USCIS or should she wait till naturalization?

 

Thanks all in advance for your help

[Boiler 45,557]

Do you have a Joint Sponsor?

[appleblossom 2,566]

You’ve not actually said but I assume you’re a USC? And where are you both now (not clear where ‘we arrived’ was to)? 

[speedster 26]

36 minutes ago, appleblossom said:

You’ve not actually said but I assume you’re a USC? And where are you both now (not clear where ‘we arrived’ was to)? 

Yes, I'm a USC. We're both in the US now

7 hours ago, Boiler said:

Do you have a Joint Sponsor?

I don't right now, would one be recommend for the past finances?

[Timona 4,207]

When filing for B2, did she disclose her EWI? 

Not sure how she got a TPS while on EWI. How did she get TPS? And what did she file to even claim TPS? 

Where is she from? 

Did your wife change her name while applying for TPS? 

 

One thing that's certain is her history is on the system somewhere. The embassy may not have caught it, not sure how they didn't, but someone will eventually. 

[Redro 4,611]

9 hours ago, speedster said:

Hey all, we arrived in late December but our life took an down turn with hospital visits and sickness. We decided it was best to settle down back in the US due to this and because insurance wasn't playing nice abroad (go figure).

 

We've been away from the US for over 5 years and married for more than that. My spouse has had an EWI and an apparent order of deportation, less than 3 months of their arrival they were given TPS and she's had it till the day we left the US. Fast forward to us leaving the US and her applying for her B2, the consulate themselves said that she does not have an order of deportation against her and approved her B2. We've used the B2 several times to visit family/friends.

 

Now a few questions: 

My spouse now has a legal entry so I'm assuming there wouldn't be any problems whatsoever with that, right?

 

We filled our 2023 taxes but since we were abroad we used the FEIE, how will this affect us with the I864? I have a new job now with my employment letter, does that matter more?

 

My spouse would like to change her last name to mine now. The thing is her country will name her passport as a hyphenated including to her name (She said that it's not possible to completely change it), for example: "Mary Jane Marie wants to have Smith instead of Jane Marie". How will this work with USCIS or should she wait till naturalization?

 

Thanks all in advance for your help

Wife can change her name on AOS paperwork and request your name for her green card. Her name won’t change in her country passport though. 

Unless you have sufficient savings USCIS will most likely reject your I864 as insufficient because of your last 3 tax returns. I would get a joint sponsor for ease of process. 
 

Things will likely be fine but I would maybe consult with a few immigration lawyers to look over your wife’s prior paperwork to double check her ability to adjust. I don’t know if we can advise you correctly without knowing if her prior EWI will be an issue or not. either way you should disclose the history on her i485 paperwork. 
 

Maybe request a FOIA so you know what her history in the US says. 

[speedster 26]

2 hours ago, Timona said:

When filing for B2, did she disclose her EWI? 

Not sure how she got a TPS while on EWI. How did she get TPS? And what did she file to even claim TPS? 

Where is she from? 

Did your wife change her name while applying for TPS? 

 

One thing that's certain is her history is on the system somewhere. The embassy may not have caught it, not sure how they didn't, but someone will eventually. 

Yes of course, she disclosed all the EWI information and the TPS and proof of it all. It was even brought up during the B2 interview itself and she explained her being brought to the US as a child and all. The consular officer went and checked for any orders of deportation against her and the consular officer confirmed that there were none. We also entered/left the US several times before on her B2, if it was an issue I'm sure it would've been brought up by now.

 

A person with EWI is allowed to get TPS, its not dependent on how they arrived, hers was Nicaragua. During our marriage when she was here already on TPS she never changed her name.

[speedster 26]

1 hour ago, Redro said:

Wife can change her name on AOS paperwork and request your name for her green card. Her name won’t change in her country passport though. 

Unless you have sufficient savings USCIS will most likely reject your I864 as insufficient because of your last 3 tax returns. I would get a joint sponsor for ease of process. 
 

Things will likely be fine but I would maybe consult with a few immigration lawyers to look over your wife’s prior paperwork to double check her ability to adjust. I don’t know if we can advise you correctly without knowing if her prior EWI will be an issue or not. either way you should disclose the history on her i485 paperwork. 
 

Maybe request a FOIA so you know what her history in the US says. 

So keeping her new name on green card and maiden name on passport is okay?

 

Also where would she place the new name? I assume just the regular name box? And her previous names will be her current maiden name?

 

Would it matter if we've been married for more than 5 years now?

[OldUser 6,723]

7 minutes ago, speedster said:

So keeping her new name on green card and maiden name on passport is okay?

People do it all the time. This means she may need to carry marriage certificate when travelling to match names.

 

How easy is it to replace her passport with new married name?

 

Another option is changing name at naturalization stage. That way, her entire immigration history is in one name other than the last bit.

[Redro 4,611]

43 minutes ago, speedster said:

So keeping her new name on green card and maiden name on passport is okay?

 

Also where would she place the new name? I assume just the regular name box? And her previous names will be her current maiden name?

 

Would it matter if we've been married for more than 5 years now?

Yes. It should not matter that you’ve been married for 5 years. Especially if your state is one that allows name change with marriage certificate even if the new name is not on the marriage certificate.

Which state do you live in? 
Also, your wife will just need to travel with passport, green card and marriage certificate when leaving and entering the U.S. Many AOS applicants deal with this issue every day. 

[speedster 26]

6 hours ago, Redro said:

Yes. It should not matter that you’ve been married for 5 years. Especially if your state is one that allows name change with marriage certificate even if the new name is not on the marriage certificate.

Which state do you live in? 
Also, your wife will just need to travel with passport, green card and marriage certificate when leaving and entering the U.S. Many AOS applicants deal with this issue every day. 

Ahh okay thanks, and NJ

[speedster 26]

7 hours ago, OldUser said:

People do it all the time. This means she may need to carry marriage certificate when travelling to match names.

 

How easy is it to replace her passport with new married name?

 

Another option is changing name at naturalization stage. That way, her entire immigration history is in one name other than the last bit.

It's easy to change her name on her passport but they don't do it in a sense of wording that she'd like.

 

I just asked her how it would look and she said it'll look interested of Mary Olivia marrying Paul Smith it'll look like "Mary of(de) Smith".

[speedster 26]

Just found out lawyers either lost our paperwork or never filed it. Point is, my spouse B2 validity status runs out in like 4 days, do we enough time to file with her still being valid? How screwed are we if we file and the receipt notice is after her B2 expiration date?

Edited June 11 by speedster

[powerpuff 6,713]

Overstay is forgiven for spouses of US citizens.

[speedster 26]

1 minute ago, powerpuff said:

Overstay is forgiven for spouses of US citizens.

 

I know that part. But my wife has had an EWI entry when she was 2 (and obtained/had legal stay status until we left), I fear that changes the ball game