AOS filing, maiden name or married name?

[klr650 0]

cant seem to find this info searching. my k-1 and i married on 12/21, now we're getting ready to file for her AOS/EAD stuff. Man, no wonder our attorneys (Allan Lolly & assoc. great guys) wanted $800 to do it for us! complicado! since we're now married, on the forms i-485/i-765, should she use her maiden name as on her PP and before married forms, OR, should she use my family name as on her new SS card and our marriage license? (with her maiden name as her middle name?) and it'll really take 3 months b4 shes allowed to work? she wants to get a job asap.

[SisJ 13]

cant seem to find this info searching. my k-1 and i married on 12/21, now we're getting ready to file for her AOS/EAD stuff. Man, no wonder our attorneys (Allan Lolly & assoc. great guys) wanted $800 to do it for us! complicado! since we're now married, on the forms i-485/i-765, should she use her maiden name as on her PP and before married forms, OR, should she use my family name as on her new SS card and our marriage license? (with her maiden name as her middle name?) and it'll really take 3 months b4 shes allowed to work? she wants to get a job asap.

File it with whatever name she wants on her Greencard. If she wants her married name then use that and send in copies of the marraige license indicating the name change. and yes it takes about 3-4 mths to get the EAD.

Edited January 9, 2011 by SisJ

[Harpa Timsah 13,258]

If she wants to use her married name, then you use her married name. Having a GC in married name will help getting other docs in married name. Yes, it really takes 3 months-ish to get a work permit. Good luck.

Also, check out this forum for AOS from K-1

http://www.visajourney.com/forums/forum/7-adjustment-of-status-green-card-from-family-based-visas/

[Gary and Alla 3,694]

cant seem to find this info searching. my k-1 and i married on 12/21, now we're getting ready to file for her AOS/EAD stuff. Man, no wonder our attorneys (Allan Lolly & assoc. great guys) wanted $800 to do it for us! complicado! since we're now married, on the forms i-485/i-765, should she use her maiden name as on her PP and before married forms, OR, should she use my family name as on her new SS card and our marriage license? (with her maiden name as her middle name?) and it'll really take 3 months b4 shes allowed to work? she wants to get a job asap.

Use either name you choose, or both. There is no requirement to use either name. USCIS has nothing to do with people's names. If you apply for an EAD at the same time you file the AOS, there is no additional fee for the EAD and she will usually get that in 2 months. Your attorney told you that I am asure.

[Kathryn41 3,205]

Moved from K-1 forum to AOS forum as a more appropriate location for this phase of the immigration process

[VanessaTony 3,567]

cant seem to find this info searching. my k-1 and i married on 12/21, now we're getting ready to file for her AOS/EAD stuff. Man, no wonder our attorneys (Allan Lolly & assoc. great guys) wanted $800 to do it for us! complicado! since we're now married, on the forms i-485/i-765, should she use her maiden name as on her PP and before married forms, OR, should she use my family name as on her new SS card and our marriage license? (with her maiden name as her middle name?) and it'll really take 3 months b4 shes allowed to work? she wants to get a job asap.

There is an AOS thread in my signature that should help you feel less confused. It is actually much simpler than it appears but you probably won't feel that way till it's all done (I know I didn't ) because there feels like there's so much riding on it you're just so stressed out.

The name you write on her forms is the name that will go on the greencard. If you decide to change it later you will need to pay the $400+ fee for a replacement, that is unless you change it at ROC or naturalisation. That fee also applies if you lose the card so tell her to be VERY careful with it when she gets it.

You should also file the I-131 because the fee for it is waived if you file it with the AOS forms. It means she is able to travel if she needs to (once she gets it) and not risk her AOS status.

The funny thing about lawyers doing your paperwork is there's nothing they do that you can't do. The exception is they don't feel the stress that you feel and so the confusion. They have the freedom of being more relaxed and less stressed about it. They would still need you to give them the info that goes on the forms. I've read many stories about lawyers (well actually their secretaries) making typos, or mix info up. Ends up causing all sorts of hassles. No, you can do it and you'll be fine

Good luck!

Edited January 10, 2011 by Vanessa&Tony