Does a family based adjustment of status application make you legal even if overstayed?

VisaNutz said:
Like I said - no need to worry - both of you will be fine. Get married, file the papers and enjoy.
What you can do in the meantime - collect evidence of a bona-fide maraige. Right after you get married - if she is changing her last name, get her name changed everywhere - social secutiry/credit cards/driver license ... get her on the lease, car/health insurance etc.
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No!!! A name change at this stage could delay her green card process, and some of the name changes to other documents will not be possible without legal immigration status.

To keep things smoother and simpler, what she should do is keep her maiden name until the green card interview. Then at the interview, she can ask them to print the green card with her husband's last name. Then upon receiving the green card with the new last name, the GC combined with the marriage certificate can be used easily to change the other documents like driver's license, Social Security, etc.
 
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Icebolt56 said:
Thank you so much for the peace of mind. Not to get off topic from the thread but I have one last question since I have someone responding to me. We will be getting married on Friday so technically her name will not legally be mine (i think she has to legally change it? or is it automatically changed with the marriage certificate?), but we were curious what to put for her name on the forms? My last name, or her maiden name? Thanks again for the peace of mind.
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Marriage by itself does not automatically change her name; many married women choose to keep their original names. See my post immediately above this.
 
The name change is not automatic - I think you specify if there's any change to the name, and what the name will be when you apply for marriage license. Anyway, if you had indicated that there will be a name change, it will be effective on the day of your marriage - and your marriage certificate will reflect that. She can start using the name right away after marriage, but the marriage cert. is the only legal proof, and sometime it can take a few days to get the marriage cert.

On the forms, she should use the name in the marriage certificate. Since you won't be filing the papers until after the wedding - you will know what the name is going to be on the marriage cert (c'mon, you should know before that - it's your wedding).

Most of the forms you need are in pdf format that can save form data. So, just download the forms and start filling out on the computer, and don't print until the forms are properly, and accurately filled out.
 
Right, we know what the name is going to be and she says she is going to take my name, we just weren't sure if it automatically changes with the marriage certificate. So when we fill all of the papers out at the courthouse and she has my last name on the certificate, we should be filling out the papers i-130, i-485 etc. with the married name? Thanks again for your help guys/gals.
 
Yes, after your wedding - the new name is her LEGAL name - and should be used in all official documents.
Also, in those forms, there is a field, I believe called "Other names used" - where you put her maiden name (last name before marriage)
 
So, to recap. Her being out of status potentially for a week or 2 is not a big deal since she is marrying a US citizen, and once we are married her name (from the marriage cert.) will be my last name and she can use it on the i-130, i-1485. Thank you so much guys. I think you prevented an ulcer.
 
A recently married woman can change her last name to her husband's last name simply by consistently using the new last name (and showing the marriage certificate as proof, where necessary). The marriage does not automatically change the name.

So it's her choice if she wants to (1) make the name change effective immediately as of the marriage date (and thus put all green card paperwork in the new name), or (2) delay it until the end of the green card process (the interview).

The problem with (1) is that there will be mix of documents with different names during the process, which can cause confusion and delays with USCIS and other entities. And the lack of a solid identifying immigration document like EAD or green card for a few months may make changing the other documents impossible for a while. That is why I would suggest (2), so everything stays consistent in her maiden name until the end of the GC process.
 
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Jackolantern said:
A recently married woman can change her last name to her husband's last name simply by consistently using the new last name (and showing the marriage certificate as proof, where necessary). The marriage does not automatically change the name.

So it's her choice if she wants to (1) make the name change effective immediately as of the marriage date (and thus put all green card paperwork in the new name), or (2) delay it until the end of the green card process (the interview).

The problem with (1) is that there will be mix of documents with different names during the process, which can cause confusion and delays with USCIS and other entities.
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I don't know why you are trying to scare him - NO issues/confusions with documents as long as the marriage certificate shows both the names.
 
VisaNutz said:
I don't know why you are trying to scare him - NO issues/confusions with documents as long as the marriage certificate shows both the names.
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Some people have had issues. Some haven't.

But I suppose the chances of such issues can be minimized if the same name is used on all her immigration paperwork from this point forward. However, doing that may not be so simple; for example if she's going for a medical exam this Friday without the marriage certificate, the I-693 will have to be in her maiden name.

And even if she had the marriage certificate, the doctor won't necessarily accept her name name without an actual ID (e.g. license, passport) being in the new name. So she's going to end up having an I-693 with the maiden name and other GC forms in the new name. This inconsistency could cause RFE depending on how anal the individuals processing the application at USCIS are.
 
As long as you get married and apply for something before her Visa is up you will be fine. I had the same thing with my husband that was here on a student visa (we got married 4 years ago).... we got married like 3 days before his Visa expired and just mailed off what we had like a day before expired and we have never had any problems... and i would have to look into it but i dont recall that you need the i130 I think all you need to do is adjust the status..... hmmm.... i will look it up
 
Jackolantern said:
Some people have had issues. Some haven't.

But I suppose the chances of such issues can be minimized if the same name is used on all her immigration paperwork from this point forward. However, doing that may not be so simple; for example if she's going for a medical exam this Friday without the marriage certificate, the I-693 will have to be in her maiden name.

And even if she had the marriage certificate, the doctor won't necessarily accept her name name without an actual ID (e.g. license, passport) being in the new name. So she's going to end up having an I-693 with the maiden name and other GC forms in the new name. This inconsistency could cause RFE depending on how anal the individuals processing the application at USCIS are.
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Yikes, not sure what to do.

On most of the forms, where it asks for her family name, right below that it asks for "other names" such as maiden name. So I don't think it will be too confusing. All of the copies we make of her documents (visas, passport etc.) will all have her maiden name too.
 
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Yes it is unavoidable that some papers like her birth certificate and visa will have the maiden name. But what I am saying is that she should avoid different names for the immigration forms being filled out for this process. There are anal buffoons at USCIS who can give problems over the inconsistency, if you have the misfortune of having the papers processed by one of them.

If you can't get the I-693 medical done with her new last name, then I would recommend using her maiden name on all the other forms (I-130, I-485, etc.) so her name on all the forms will be consistent throughout. Then at the interview, she can request the green card to be done with her new name (many interviewers even offer to do this for recently married applicants).
 
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Ice, get married - and THEN do the I-693 (call ahead to get an appointment sometime after the marriage). Get the name changed on the marriage day and start using the name, put maiden name in other names used. You will have ZERO problems.
 
VisaNutz said:
Ice, get married - and THEN do the I-693 (call ahead to get an appointment sometime after the marriage). Get the name changed on the marriage day and start using the name, put maiden name in other names used. You will have ZERO problems.
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Thanks for all of your help Visa.

Another question for you...Once my fiance is out of status as a student, how long before she becomes "illegal" or "unlawful alien" or whatever the term is?
 
Icebolt56 said:
Another question for you...Once my fiance is out of status as a student, how long before she becomes "illegal" or "unlawful alien" or whatever the term is?
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She doesn't become out of status until the end of the summer break arrives and she fails to attend classes for the next semester.

Then she doesn't move from "out of status" to "unlawful presence" until USCIS or an immigration judge makes a formal determination of it.
 
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Hi everyone,

I am experiencing one of the most difficult problems in my life. I came to USA on June 10th, 2005 (I was 23) with a tourist visa B-2 and I stayed in the US ilegally until now. My mom filled a I-130 on 29 december 2006 when she was permanent resident. Later she became citizen and she changed my status case being now first priority. So on July 22, 2010 I got the approval of the I-130. But here is the problem ..It's supposed that I have to wait for a visa in order to file the form I-485 but one of the requirements to adjust my status is that I should not work in the US (I am not inmediately relative I am considered family member, unmarried son over 21), and I did...I work since 2006 but I got my ITIN number to pay my taxes. So please as I read in some forums they said that USCIS won't accept my application and they would ask me to leave the country...is there anyway I can avoid this? does a waiver can do something to solve my case? please I really need help. I didn't file yet the I-485 what can I do for not being deported?

I went to talk to 6 layers, 4 of them said no!!! you can't adjust your status, 2 of them said yes you can they said they have many cases like this before...I really need help
 
please I need your help, what did u do with your case, did to talk to a layer? I posted my case on the final page reading
 
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