I-94 Name Change After K1 VISA Entry & Marriage

[Poesque 0]

Hello folks!

 

We were married on Valentine's Day within our K1 VISA deadline, but we are struggling with paperwork formalities.  It took 18 months to resolve the K1 process, but we did it!  I did not realize you could get a Social Security card before marriage, so we went to apply after marriage.  The Social Security office would not even enter her info, as they pointed out that her name on the marriage certificate does not match the I-94.  The I-94 lists her First (Given) Name as MIDDLE, FIRST, which matches her K1 VISA and Vietnamese passport, but the marriage certificate lists FIRST, MIDDLE.  Apparently, this is a relatively common problem, due to the Vietnamese name convention of listing the middle name first on legal documents.  Evidently, it was not an issue upon entry into the country, as everything matched.  The Social Security office also seemed concerned that the marriage certificate had her given last name, not mine.  We intended to honor her Vietname last name and append mine at the end, but we decided to get that name changed later to avoid any potential paperwork issues (ironically).  Getting the last name on the I-94 changed makes no sense to me whatsoever, and I assume that we received misguided feedback from the Social Security representative.  Correct?

 

The Social Security office directed me to the local Homeland Security office, but they indicated they could not help change the document. After a quick online research, I followed the instructions to make the change request on the CBP website.  I carefully entered all the data, document scans, a clear explanation of the situation, and a request for a new I-94 with the name order switch.  Google indicated that the process should take about 5 working days.  However, two days later we received a generic response email (see attached sans sensitive data) that listed the steps to take for generic problems that did not apply to our situation and a closing statement that if we were "not in a hurry", we could submit all of the data I had already sent them as a reply and the issue would be looked into - with a current response timeline of over 30 days!  The other option offered was to visit a CBP center, but the nearest one is a six-hour drive (one way).  My wife is concerned, as the I-94 has an Admit Until Date of 2/20/25 (tomorrow) and the K1 VISA is dated through to the same date.  I am confident that these dates are irrelevant since we married before the deadline, but reassurance is welcomed!

 

We still need to get her an ID from the DMV and the social security card.  We started the I-485, but I have not checked yet to see if either is required to file.  Should we scramble to get the ID (which in itself could present a naming convention issue), but wait 30+ days for the I-94 change to proceed with the SSN request?  Can we file the I-485 in the interim?  Finally, what proof do we need to keep on us for her not to be detained for deportation?  We have followed the rule of law in every way, but with the twitch of a pen from you know who, I fear she could become a target for deportation.

 

I apologize for the lengthy explanation of our situation, but I wanted to cover our situation and our concerns in detail, with the hopes that others have similar experiences to share that might be of help.

 

Best to all of you in your journey!

CBP Response Email.txt

[wildbug100420 176]

14 minutes ago, Poesque said:

Hello folks!

 

We were married on Valentine's Day within our K1 VISA deadline, but we are struggling with paperwork formalities.  It took 18 months to resolve the K1 process, but we did it!  I did not realize you could get a Social Security card before marriage, so we went to apply after marriage.  The Social Security office would not even enter her info, as they pointed out that her name on the marriage certificate does not match the I-94.  The I-94 lists her First (Given) Name as MIDDLE, FIRST, which matches her K1 VISA and Vietnamese passport, but the marriage certificate lists FIRST, MIDDLE.  Apparently, this is a relatively common problem, due to the Vietnamese name convention of listing the middle name first on legal documents.  Evidently, it was not an issue upon entry into the country, as everything matched.  The Social Security office also seemed concerned that the marriage certificate had her given last name, not mine.  We intended to honor her Vietname last name and append mine at the end, but we decided to get that name changed later to avoid any potential paperwork issues (ironically).  Getting the last name on the I-94 changed makes no sense to me whatsoever, and I assume that we received misguided feedback from the Social Security representative.  Correct?

 

The Social Security office directed me to the local Homeland Security office, but they indicated they could not help change the document. After a quick online research, I followed the instructions to make the change request on the CBP website.  I carefully entered all the data, document scans, a clear explanation of the situation, and a request for a new I-94 with the name order switch.  Google indicated that the process should take about 5 working days.  However, two days later we received a generic response email (see attached sans sensitive data) that listed the steps to take for generic problems that did not apply to our situation and a closing statement that if we were "not in a hurry", we could submit all of the data I had already sent them as a reply and the issue would be looked into - with a current response timeline of over 30 days!  The other option offered was to visit a CBP center, but the nearest one is a six-hour drive (one way).  My wife is concerned, as the I-94 has an Admit Until Date of 2/20/25 (tomorrow) and the K1 VISA is dated through to the same date.  I am confident that these dates are irrelevant since we married before the deadline, but reassurance is welcomed!

 

We still need to get her an ID from the DMV and the social security card.  We started the I-485, but I have not checked yet to see if either is required to file.  Should we scramble to get the ID (which in itself could present a naming convention issue), but wait 30+ days for the I-94 change to proceed with the SSN request?  Can we file the I-485 in the interim?  Finally, what proof do we need to keep on us for her not to be detained for deportation?  We have followed the rule of law in every way, but with the twitch of a pen from you know who, I fear she could become a target for deportation.

 

I apologize for the lengthy explanation of our situation, but I wanted to cover our situation and our concerns in detail, with the hopes that others have similar experiences to share that might be of help.

 

Best to all of you in your journey!

CBP Response Email.txt 3.17 kB · 0 downloads

Please complete your timelines. Not sure when you entered the US but SSA will not issue a number beyond the 75 day mark of the I 94. Others may have more experience with the Vietnamese naming convention. For the I485 list the desired name first. Any other names should be listed below the first line on form. 

 

As for state ID, you have to wait until the employment authorization is received. Definitely spend the extra money for it. 

 

File the I485 as soon as possible and carry the receipt notification as proof of Status 

[Poesque 0]

44 minutes ago, wildbug100420 said:

Please complete your timelines. Not sure when you entered the US but SSA will not issue a number beyond the 75 day mark of the I 94. Others may have more experience with the Vietnamese naming convention. For the I485 list the desired name first. Any other names should be listed below the first line on form. 

 

As for state ID, you have to wait until the employment authorization is received. Definitely spend the extra money for it. 

 

File the I485 as soon as possible and carry the receipt notification as proof of Status 

Thanks for the reply!

 

I entered key dates into my timeline.  We entered into the US on November 23rd of 2024 and the I94 has an Admit Until Date of 2/20/25.  Is the 75 day deadline for SSN from the date of entry or the Admit Until Date?  What are the implications if we go beyond 75 days?

 

Can we submit the I485 without a SNN and state ID?  Anything else required?  Hoping that the name order discrepancy doesn't get flagged during that submission as well.

[wildbug100420 176]

23 minutes ago, Poesque said:

Thanks for the reply!

 

I entered key dates into my timeline.  We entered into the US on November 23rd of 2024 and the I94 has an Admit Until Date of 2/20/25.  Is the 75 day deadline for SSN from the date of entry or the Admit Until Date?  What are the implications if we go beyond 75 days?

 

Can we submit the I485 without a SNN and state ID?  Anything else required?  Hoping that the name order discrepancy doesn't get flagged during that submission as well.

Yes you can submit the I485 without the SSN. You don't need a state ID either. There's a question on the 485 and 765 if you want a social security number issued when your form is approved.

[wildbug100420 176]

27 minutes ago, Poesque said:

Thanks for the reply!

 

I entered key dates into my timeline.  We entered into the US on November 23rd of 2024 and the I94 has an Admit Until Date of 2/20/25.  Is the 75 day deadline for SSN from the date of entry or the Admit Until Date?  What are the implications if we go beyond 75 days?

 

Can we submit the I485 without a SNN and state ID?  Anything else required?  Hoping that the name order discrepancy doesn't get flagged during that submission as well.

The deadline for the I 94 is 75 days from entering the US