Current USCIS status for overstay on I-485 and change of name

L

Lindashort

Registered Users (C)
Please help!
We're starting the I-485 and I want to use my husband's last name. Should I put his last name on my information on PART 1? The only documents I have are from my country with my maiden name, of course, my marriage certificate and our daughter's birth cerificate with my USC husband's last name... So, If I use my married name on I-485, should we do all the other forms the same way?
Before PART 2, asks CURRENT USCIS STATUS: I overstayed my I-94, what should I put on there?

This is a great site! You guys are great!

Thanks
 
Did you do a legal name change? Do you have a DL or any Govt issued ID which shows that you have taken you husband's family name as your last name?

Your current USCIS status would be out-of-status. How long have you over stayed?
 
I wrote on my post:
The only documents I have are from my country with my maiden name, of course, my US marriage certificate and our daughter's birth certificate with my USC husband's last name... I haven't done anything to change name, yet. I don't have any US documents besides my marriage certificate. We have a child together who has his last name and I overstayed over 5 years...
You can't have a DL or ID without SSN!
 
If all the documents that you have are with your maiden name you cannot put your husband's name in the application. You will need to go through the procedure of legal name change if you didn't do it when you got married.
 
I had the same situation, all my documents (H1B, passports, I-94, SS have my maiden name) after I received marriage certificate that states that my name changed to my husbands name I went and got US driver's license with new name (used as government form of ID). I used my new name on all the forms. Most of the forms ask if there are any other names you go by (that's where you would put your maiden name)

Your marriage certificate is the connecting link between your old name and your new name, so just add an extra copy. That's what I did.
 
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