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Everything posted by K1visaHopeful
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Have her fill out her forms using her MARRIED name. It is no longer your last name. It is hers too. Yes If SHE wants to go that route, sure. She'd apply for N400 years from now using her married name AT THAT TIME. She'd go by her maiden name until then. It's up to HER how she wishes to proceed. YES!!! Yes yes yes yes yes. Yes. You'll have to read all of my other comments for the full explanation I've provided twice already. May I recommend the immigrant joining VJ so perhaps she can fill out her forms?
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It's 90 days (which does not usually calculate to 3 months). You may use the online USCIS Early Filing Calculator to find the exact date your 90 day window opens. You'll have to check the issue dates on all of your GCs. If they were issued within 90 days of each other you can file jointly on one I751 but you'll have to pay the various separate fees for biometrics depending on their ages. Beyond 90 days, they'll be required to file their own I751s. Reading the I751 instructions and the webpage where you find the form (all bullets) will be helpful to you.
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Contact your panel physician and ask. They should have told you at the exam or you would have been able to ask then.
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Knowing the married name is the legal name you wish to use moving forward and not using it simply because you know you *won't* be approved for one in that name is not as much lying as claiming single when married? You aren't providing your MC to SSA and you have until day 90 to be married to fulfill K1 requirements to marry. If the policy manual states you as a K1 is eligible for an SSN regardless of martial status, why can one not leave that info out knowing they will likely be denied due to SSA ignorance if they say they are married? There is no other reason for them to ask you your marital status other than to deny you due to their own ignorance. It's discriminatory.
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Quite amusing that one is willing to write down a false name on a government form but not keep their mouth shut about being married when it's common knowledge that SSA agents falsely quote SSA policy about being married with a K1 visa and go as far as deny them their right to an SSN which goes against SSA policy in many sections. Sounds like a lawsuit to me if one would be caught in such slight. Outcome for SSA not favorable.
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Yes Yes Yes. HOWEVER you have to read the section and fill it out how it applies to YOUR situation. It asks you a few. That's likely why you are not understanding because you haven't read the section. But YES, you want a REPLACEMENT card sent. No. You don't want to say no. Because then you won't get an automatic replacement RESTRICTED card in her MARRIED name when I765 is approved and you'll have to go in person again. If you say no on I485, you won't get an automatic replacement UNRESTRICTED card in her married name and you'll have to go in person again. Understand that there are THREE types of cards: 1. Restricted with maiden name. 2. Restricted with married name 3. UNrestricted with married name Now her goal is to get #3 but she is not eligible for that right now so she can go through the steps that will get her there by applying as explained. You can submit I485 after you receive your original or certified copy of your MC. You do not have to wait for the SSN card to come. HOW you answer the questions on the I485/I765 section about SSNs depends on what you've asked right here. You MUST read the section yourself to see what I'm talking about. Youll answer you HAVE applied for one EVER but you won't have an SS NUMBER to enter yet so you want a replacement CARD not an original SS NUMBER. Read the questions carefully and answer them in the moment. SSA: Maiden name only. AOS: Married
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Good! It used to be there as of 2019 when I had to update. That question is gone for good reason then...marital status is irrelevant. Fraud? To who lol. There is nothing official about SSA when they can pick and choose who to give SSNs to based on their understanding of the policy manual that they may or may not have even read. You would "do that to an official" because they would think they can't issue an SSN to a K1 after marriage even though that goes against policy not to. Marital status is irrelevant to an SSN application. I'm glad they removed the option to clarify for those "officials" that were confused. Maybe it will help K1s get their SSN when they are eligible to even if married. Hopefully it's a question they are not even allowed to ask.
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YES on both. You need to read the forms though. There is a SECTION not a single box on each form. You have to fill it out correctly based on if you apply NOW in person or not. No! Why? Because, as above, approval of I765 will initiate the production of a RESTRICTED SSN card BUT it will have her MARRIED name on it (whereas the one you can get NOW will only have her MAIDEN name) while approval of I485 will initiate the production of an UNRESTRICTED SSN card AND it will have her MARRIED name on it. "YES! That is how she legally "changes" her name in the US!!!!! She MUST receive an immigration benefit in her new name to get any other ID in that name. If a K1 wants to use their new married name legally, it starts with filling out ALL AOS forms using their new MARRIED name. YES!!!!!! AND as SINGLE NOT MARRIED. Look at the SS5 form please. No! ALL. 1. NOW In person. Before day 74 of entry to the US. In the MAIDEN name and as SINGLE. 2. On the I765. 3. On the I485. You understand that you can request 10 million cards but they will all have identical SS numbers, correct? Reading the instructions carefully. It says REPLACEMENT card not ANOTHER Card NUMBER. If you get denied for 1 (which you have NO CONTROL over so asking what is fastest way is useless), you'll get either 2 or 3 or 2 AND 3 and you won't ever have to step foot in SSA to change her name or upgrade from restricted to unrestricted.
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That is the most common and easiest way. Apply as "Single" and in the maiden name. Don't openly mention you are married. When you apply for I765, I131 and I485 is how you "change" her name. Immigrants must change their immigration name first. It is not done like Americans who change their SSA name first. You input her married name as the current legal name on all immigration forms to obtain an immigration document in that name. THEN you are eligible to apply for SSA name change, DL change, etc. In general, sure. But define easier. It's easy to use her married name moving forward if you follow the process. Yes. As above, single and maiden. YES as well!!! And I765. Why? Because they will send a REPLACEMENT card in the new name and save you a trip to change her NAME with I765 and change her STATUS on her SSN card with I485. DL laws vary by state. It's very common for K1s to only be allowed to drive for the first 90 days. That is a huge, wellknown drawback of the K1 route. Bank account policies vary by bank as well. Working is dependent on I765 approval. She cannot work with just an SSN. You can check current processing times for I765 (and all other forms) on the website. Together. Same envelope. Separated with clips.
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WHILE but AFTER filing? No. Why not? Because you would be bring your legal name change document to verify the changes to your interview if you even received an interview. For future processes you'd just provide then same and explain in the additional information section of whatever form. You can't update MC. There is never a need. You always get proof of name change when you change your name.
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Extension
K1visaHopeful replied to LuFlolady's topic in Removing Conditions on Residency General Discussion
Not sure what you mean. They didn't just change the extension letter validity for I751 from 2 years to 4 years for nothing. -
Extension
K1visaHopeful replied to LuFlolady's topic in Removing Conditions on Residency General Discussion
Extension? Meaning you filed ROC I751? Most I751 Noa1 receipt notices expire in 48 months from issuance? Do you "believe" or expires or have you looked at the copy of the I751 Noa1 that your immigrant carries around in their wallet as proof of residency? What does it say? If you only received a 2 year extension they would have a sent a 4 year one. I751 takes up to 48 years now. -
No. Not at all. That is NOT the optimal choice to send with I864 for I485. (PS. Your timeline says you are NOT ready to file I485 which is why I asked you to fill out your timeline.) As above, the PREFERRED USCIS submission is from the LINK you provided. The tax return is NOT the preferred submission. The tax return TRANSCRIPT IS the preferred submission. Both are explained in the instructions as options to send with I864 but you've chosen to highlight/quote (and I'm not sure why) and ask only about the LEAST preferred option. You download the Tax Return Transcript from the link you provided ensuring you select RETURN and NO OTHER OPTION.
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That link will get you an Income Tax Transcript (you must provide the RETURN option only, the other options are not acceptable). That IS what is preferred as proof of filing taxes for I864 however no, that is not the actual tax return as you have quoted if you'd like to know the answer to that question (even though it's irrelevant). The Return Transcript fulfills the tax filing proof requirement for I864. Please fill out your timeline.
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Have you learned how to use and monitor the USCIS processing times website yet? It will tell you your estimated wait and WHEN you are eligible to place and outside of normal processing times enquiry. No use complaining or worrying even unless you are aware of your wait and monitor it for changes. SRC is 28 months for 80% of cases atm.