Should I be writing my new, married last name on my I-485? [merged threads]

[AmericanGirltoBe 1]

I am filling out my form I-485 after getting married in the US on my K1 visa. I got married within 90 days, but I am filling the I-485 past the 90 days. So, my K1 is expired, but I am married.

 

In the current edition of the I-485, question 12 of Part 1 asks about my I-94. I filled this out, noting admittance was with my Immigration Status of K1. Then, question 14 asks, "What is your current immigration status (if it has changed since the date of your last arrival)?". Should I leave it blank, or write "Spouse of American"? If "Spouse of American," do I list this new status expiry as "duration of stay"?

 

Thank you!

[AmericanGirltoBe 1]

Let's say my name before marriage was "Jane Maiden" and then when we got married, I changed it to "Jane Smith" at the town office where we got our marriage license. Because I haven't gotten around to changing it on all my documents yet, my passport, expired K1 visa, I-94, new SSN and such say "Jane Maiden." Only my official marriage license says "Jane Smith." 

 

As I've been filling out my I-485, I've been writing both "Jane Maiden" and "Jane Smith" where it makes sense, depending on if the section is referring to the pre- or post-marriage/current period. Is this correct? Has the marriage license changed my legal name?

 

The reason I worry enough to ask is that my A Number is still "Jane Maiden," so what if they have trouble looking my file up as they go through my documents?

 

Thank you

[TBoneTX 46,276]

Thread is moved from the K-1 Process forum to the "AOS from K Visas" main forum -- OP is at that phase.

[TBoneTX 46,276]

Similar-themed threads have been merged.  Please add other questions in THIS thread.

[Edward and Jaycel 756]

35 minutes ago, AmericanGirltoBe said:

Should I leave it blank, or write "Spouse of American"?

 

Write "K-1 Visa Holder - Out of Status" 

 

30 minutes ago, AmericanGirltoBe said:

Let's say my name before marriage was "Jane Maiden" and then when we got married, I changed it to "Jane Smith" at the town office where we got our marriage license. Because I haven't gotten around to changing it on all my documents yet, my passport, expired K1 visa, I-94, new SSN and such say "Jane Maiden." Only my official marriage license says "Jane Smith." 

 

As I've been filling out my I-485, I've been writing both "Jane Maiden" and "Jane Smith" where it makes sense, depending on if the section is referring to the pre- or post-marriage/current period. Is this correct? Has the marriage license changed my legal name?

 

The reason I worry enough to ask is that my A Number is still "Jane Maiden," so what if they have trouble looking my file up as they go through my documents?

 

If you want to use the AOS process to change your name - In the section where it says "Your Current Legal Name" you will put your New, Married Name (as long as it is some combination of the names that appear on the marriage certificate). In the section where it says "Other Names You Have Used Since Birth" you will put your maiden name. They will match your application to your A-File because you put your A-Number in the space provided. If you're filing the I-765, follow the same name procedure on that form. We did this for Jaycel and her EAD came in her married name and the SSA issued her a new card in her new married name about a week after the I-765 was approved. 

Edited Sunday at 10:48 PM by Edward and Jaycel

[TBoneTX 46,276]

3 minutes ago, Edward and Jaycel said:

Write "K-1 Visa Holder - Out of Status" 

Two attorneys advised writing "K-1 entrant -- applicant for adjustment"; or, more simply, "K-1 entrant -- adjustment applicant."

5 minutes ago, Edward and Jaycel said:

If you want to use the AOS process to change your name [...]

This advice is excellent.

[Edward and Jaycel 756]

6 minutes ago, TBoneTX said:

Two attorneys advised writing "K-1 entrant -- applicant for adjustment"; or, more simply, "K-1 entrant -- adjustment applicant."

 

Ah that makes much more sense! 

[AmericanGirltoBe 1]

Thank you. 

Quote

24 minutes ago, TBoneTX said:

Two attorneys advised writing "K-1 entrant -- applicant for adjustment"; or, more simply, "K-1 entrant -- adjustment applicant."

 

But isn't this the same as what I was admitted to the US for, which is noted a few questions above regarding the I-94, thus not requiring me to put anything in the "What is your current immigration status (if it has changed since the date of your last arrival)?" section?

[Edward and Jaycel 756]

9 minutes ago, AmericanGirltoBe said:

Thank you. 

But isn't this the same as what I was admitted to the US for, which is noted a few questions above regarding the I-94, thus not requiring me to put anything in the "What is your current immigration status (if it has changed since the date of your last arrival)?" section?

You were admitted as a K-1 visa holder - You are past the validity date of that visa and now you are a K-1 Entrant - Adjustment Applicant. As @TBoneTX stated, two attorneys have recommended that language 

[AmericanGirltoBe 1]

4 minutes ago, Edward and Jaycel said:

You were admitted as a K-1 visa holder - You are past the validity date of that visa and now you are a K-1 Entrant - Adjustment Applicant. As @TBoneTX stated, two attorneys have recommended that language 

That clear it up! Thank you for helping me understand