Could I apply to AOS with my single name?

[Gregorio! 0]

I went to obtain my SSN but they said that my name was not properly written in the system SAVE (form I-94), so we went to Kansas to make them update it, to make it short it will take some time to get SSN, so could I send all AOS documents with my single name? I'm very worried because my K1 expires on Oct 7th, I'll appreciate all your comments, thanks

[payxibka 10,045]

I went to obtain my SSN but they said that my name was not properly written in the system SAVE (form I-94), so we went to Kansas to make them update it, to make it short it will take some time to get SSN, so could I send all AOS documents with my single name? I'm very worried because my K1 expires on Oct 7th, I'll appreciate all your comments, thanks

Your K-1 technically expired upon entry... When does your I-94 expire? As long as you are married before the expiration of the I-94 you are under no obligation to file your AOS by that time. It is good to do so but no mandate.

[thetreble 19]

I went to obtain my SSN but they said that my name was not properly written in the system SAVE (form I-94), so we went to Kansas to make them update it, to make it short it will take some time to get SSN, so could I send all AOS documents with my single name? I'm very worried because my K1 expires on Oct 7th, I'll appreciate all your comments, thanks

Your K-1 technically expired upon entry... When does your I-94 expire? As long as you are married before the expiration of the I-94 you are under no obligation to file your AOS by that time. It is good to do so but no mandate.

You have three months to be married upon entry. Once married, the K-1 expires, and you are merely someone's wife in the US. If you don't apply for AOS after you are married, you are OUT OF STATUS. But you cannot apply for AOS right now any ways because you are not yet married.

Does the OP intend to be married before October 7th? I think that is the better question. After you are married you won't have to worry about your "single" name. It is best to file AOS in your married name.

Edited September 5, 2007 by thetreble

[payxibka 10,045]

You have three months to be married upon entry. Once married, the K-1 expires, and you are merely someone's wife in the US. If you don't apply for AOS after you are married, you are OUT OF STATUS. But you cannot apply for AOS right now any ways because you are not yet married.

Does the OP intend to be married before October 7th? I think that is the better question. After you are married you won't have to worry about your "single" name. It is best to file AOS in your married name.

According to there timeline the marriage occured on July 13th....

[misa 2]

If you changed your name after marriage then file with your married name. If you didn't change your name after marriage, then you would use your maiden name.

The name on the I-485, I-765 and I-131 is the name that will be on the GC, EAD, AP (where applicable).

[thetreble 19]

You have three months to be married upon entry. Once married, the K-1 expires, and you are merely someone's wife in the US. If you don't apply for AOS after you are married, you are OUT OF STATUS. But you cannot apply for AOS right now any ways because you are not yet married.

Does the OP intend to be married before October 7th? I think that is the better question. After you are married you won't have to worry about your "single" name. It is best to file AOS in your married name.

According to there timeline the marriage occured on July 13th....

I see that now. Well, then the OP is technically out of status. It is up to you what name you want to use on your AOS application. I'd use my married name but if you wish to use your single name, know that you will only be able to use your single name because it will be on a ton of documents.

[payxibka 10,045]

I see that now. Well, then the OP is technically out of status.

NO.... they are not yet out of status as the I-94 is valid until October 7th.... At which time without a filed AOS then they will technically fall into that category....

[Cécy 44]

You don't need your name to be officially changed at the SS to use it on your AOS application.

What matters is the name you want to use. If you wish to use your married name: put the married name. If you want an hyphenated name put that. If you want to keep your maiden name, use it.

I put my married name even if I can't get it changed on my social security card yet (have to wait for EAD or Green Card).

Just decided. If you change your mind later on you have to pay a fee to get the name on the Green Card changed.

Edited September 5, 2007 by Cécy

[thetreble 19]

I see that now. Well, then the OP is technically out of status.

NO.... they are not yet out of status as the I-94 is valid until October 7th.... At which time without a filed AOS then they will technically fall into that category....

I didn't think the I-94 has anything to do with your status once you are married. Guess I'm wrong.

From VJ:

After marriage, apply for Adjustment of Status (AOS). You should file as soon as possible. If you have not filed for AOS and your K-1 expires, you will be considered out-of-status until you file. Make all attempts to file before you become out-of-status. You may also file for your EAD and AP at this time.

[Mags 112]

It is best to file AOS in your married name.

It doesn't matter what name you file AOS with, as long as it is the name you will be using in real life. If you wish to change your name somewhere down the line it WILL cost you more money. USCIS will charge you for that privilege.

So, if you want to use your maiden name then that's fine. Just be sure it is the one you wish to use in your life, be it through work, bank accounts or other official documents.

[kim&james 0]

It is best to file AOS in your married name.

It doesn't matter what name you file AOS with, as long as it is the name you will be using in real life. If you wish to change your name somewhere down the line it WILL cost you more money. USCIS will charge you for that privilege.

So, if you want to use your maiden name then that's fine. Just be sure it is the one you wish to use in your life, be it through work, bank accounts or other official documents.

I was going to say exactly this....

It is easier (and cheaper) if you wish to use your married name in the future to do so on the AOS paperwork. For your SSN just wait till you have either the EAD or greencard and go to the SS office and change to your married name.

[payxibka 10,045]

I didn't think the I-94 has anything to do with your status once you are married. Guess I'm wrong.

From VJ:

After marriage, apply for Adjustment of Status (AOS). You should file as soon as possible. If you have not filed for AOS and your K-1 I-94 expires, you will be considered out-of-status until you file. Make all attempts to file before you become out-of-status. You may also file for your EAD and AP at this time.

Actually the "quoute" from VJ is wrong (I edited it to make more accurate) as your K-1 expiry has nothing to do with your status and is 100% governed by the I-94. A person can marry on day 1 after entry on a K-1 and if they decide to leave the USA before the I-94 expires, they have accrued absolutely zero (0) days of "out of status" time....

Edited September 6, 2007 by fwaguy