snewbery

I agree with most everyone here, that there is a lot of fearmongering going on by certain Immigration Attorneys. When I look at youtube these days I see lots of videos from such Law firms suggesting GC holders should not travel outside the USA and even suggesting that they be retained "just in case" if a GC holder leaves the USA. Certain horror cases are being shown as examples. That said, hopefully your wife speaks English and is able to answer any questions by CBP agents without getting nervous. A 3 month abscence could trigger some questions. This could lead to secondary inspection and a stressful experience at the very least. If I were you, I would let your wife leave the USA firtst without you and then go for the latter part of her trip and return with her.

We submitted the I-485 and supporting docs. on 20 Feb 2024, did the biometrics in March and received the usual "we received this..." notices, but nothing more by June, so I contacted my Congressman and requested a Congressional inquiry. His liason replied very quickly and within a week, she forwarded the USCIS reply that the case was progressing normally. Soon after, we received a "we have taken action on your case" notice and in early july, my wife received her green card. Short story, asking for a Congressional inquiry moves things along quickly. Good luck in your case!

I would not say "lucky" really. I called the SSA to get advice on how to apply for her SSC, followed their advice and as I said, at the SSA office both agents that we dealt with were very clear on how to handle a K1 visa case. That said, the excellent SSN guide here does not mention how to handle marriage name changes.

I think you might have missed my first second step which was to go to the SSA office BEFORE we were married and file for a SSN using her maiden name as listed in her passport. After we were married with the recorded MC in hand we returned to request a replacement SSC with her new name. To clarify, what I meant to write was that the updated SSC with her new name was the first document listing the name change. Agreed that the MC is the official name change doc. The I-485 and related AOS forms we submitted all bear her new name and hence the eventual green card should as well.

Good question! I saw in the I-485 where we could request a SSC but opted to go to Social Security directly since we thought that would move faster and we would have the new card in hand sooner. If you already requested yours through the I-485 it will probably be best to wait for them to process your submission. I hope this helps!

Since my wife just went through this I will post our experience. 1. to move quickly after US entry we applied for a Marriage License in Colorado before going to the Social Security office. The County required her to sign an affidavit stating that she did not have a SSN at the time we applied for the license. 2. We went to the Social Security office with all the required documents (her Argentine passport with K1 Visa and POE stamp, I-94 form and just in case, her I-797 form from the I-129F submission). All was OK and they approved the SSN request using her maiden name. 3. We got married, submitted the completed marriage license and waited for the recorded Marriage Certificate to come back in the mail. 4. We went back to the Social Security office with the Marriage Certificate and requested her name change due to marriage. No problem at all and we got the updated SS card in the mail days later. That was the first official name change document. 5. I completed and submitted the I-485, I-864 and I-131 using her new married name which should result in an AP and green card in her new name.

Good question, I have a similar situation so I put 0. I checked the I-134 instructions and this detail is not there.

Why "could" or "last resort"? USCIS just cares that the visa beneficiary is no longer married and hence able to marry the petitioner. In form 129-F, the instructions clearly say to provide a divorce decree OR death certificate. If the first (or any) ex-spouse is deceased, then clearly the beneficiary is legally able to re-marry. I am also assuming in this case there is a divorce decree available for the second marriage.

If I got this straight, this is the marriage for which you do not have a divorce decree? If she passed away, a death certificate will fulfill the USCIS requirement. The point is to prove you are no longer married to this person and obviously a widow or widower is no longer married.

Regarding form I-134, I have read that the petitioner in the USA can complete and sign / date the form in ink, then scan to pdf and email it to the beneficiary who can print it in their home country and that will be sufficient for the US Consulate or Embassy interview. To be certain however, I would suggest emailing the local US Consulate.

My understanding is that you can complete your DS-160 as soon as you receive the P3 welcome email from the Embassy which handles your case but not sooner.

Congratulations...finally!!! Great timing to go celebrate!

Sorry for the late reply, I don't check this thread as often now that I am on the NVC thread. I contacted my Congressman a year and two months after my NOA1 but from what I have learned, I should have done it sooner. Your Congressman or Senator's office will be happy to help after at least a year of waiting. You will probably get the standard reply from USCIS that your case is progressing normally, but behind the scenes, a Congressional Inquiry will most likely trigger a speed-up on your case. Good Luck!