Form I-485

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kenny1982

Registered Users (C)
Hi Guys-

I have a couple of questions in regards to filling out form I-485. I am a US Citizen and the I-485 is for my wife.

1.) For initial evidence, it says my wife should submit a copy of her foreign birth certificate. She does not currently have that. Will her passport be sufficient to replace a foreign birth certificate?

2.) Also for her physical address, since she resides in the United States at the moment with a H1-B Visa--should the United States address be used for ALL spots where it says "address" on the forms? I am a little paranoid about this because she does have an address in Korea too which is where her family resides.

3.) Names on the form. The form suggest that a "Family" name be used. When me and my wife got married, my wife added my last name onto her last name. Her original name was Mary Smith. My name is John Doe. So her name now is Mary Smith Doe. The marriage clerk said that my wife can use either name, Mary Smith or Mary Smith Doe on anything. In terms of "Family" name, which one should she use? She rather not use Mary Smith Doe on important documents. We were under the impression that if we have kids we wanted the kids to have both of our last name. The marriage clerk said by referring to herself as Mary Smith Doe, our kids can have both of our last name.

4.) Also the directions on form I-485 tells me to submit form G-325a for both me and my wife. I am filing the I-485 and I-130 together. Form I-130 also tells us to fill and send form G-325a with the application. Do me and my wife have to fill out two sets of form G-325a? One for form I-130 and the other for I-485?

Again, I just want to be super sure on these issues. Any help will be appreciated. Thanks in advance!
 
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kenny1982 said:
Hi Guys-

I have a couple of questions in regards to filling out form I-485. I am a US Citizen and the I-485 is for my wife.

1.) For initial evidence, it says my wife should submit a copy of her foreign birth certificate. She does not currently have that. Will her passport be sufficient to replace a foreign birth certificate?

2.) Also for her physical address, since she resides in the United States at the moment with a H1-B Visa--should the United States address be used for ALL spots where it says "address" on the forms? I am a little paranoid about this because she does have an address in Korea too which is where her family resides.

3.) Names on the form. The form suggest that a "Family" name be used. When me and my wife got married, my wife added my last name onto her last name. Her original name was Mary Smith. My name is John Doe. So her name now is Mary Smith Doe. The marriage clerk said that my wife can use either name, Mary Smith or Mary Smith Doe on anything. In terms of "Family" name, which one should she use? She rather not use Mary Smith Doe on important documents. We were under the impression that if we have kids we wanted the kids to have both of our last name. The marriage clerk said by referring to herself as Mary Smith Doe, our kids can have both of our last name.

4.) Also the directions on form I-485 tells me to submit form G-325a for both me and my wife. I am filing the I-485 and I-130 together. Form I-130 also tells us to fill and send form G-325a with the application. Do me and my wife have to fill out two sets of form G-325a? One for form I-130 and the other for I-485?

Again, I just want to be super sure on these issues. Any help will be appreciated. Thanks in advance!
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I can just tell you answers to 1 and 4 for now.

1) Your wife will need a birth certificate in English. Passport is not an option.

2) Yes you need to fill out 2 sets of G325a for both you and your wife.
 
1.- No. Get a BC, either sent from Korea from her parents or from the Korea consulate/embassy in the USA.
2.- Put her USA current address, but also mention her her Korea address when asked for address abroad.
3.- It is up to you. Mary Smith-Doe, would be the correct way to preserve the name through all documents.
4.- Yes. You fill 1 set for I-130, she fills 2 sets (1 for i-130, 1 for i-485)

Here is a good guide to help you with the filing process: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2
 
They do not give birth certificate in my country. Then what can I do? I cannot locate the information from given instruction: "record of your birth that meets the provisions of secondary evidence found in Title 8, Code of Federal Regulations (CFR), 103.2(b)(2)".

I have one more question: Where should I file I-485, if I had sent I-130 before (petition for relative-US citizen spouse to the Vermont service center, in Oct 2007-case pending)? Do I still send it to USCIS Lockbox in Chicago not to a service center?

your input is appreciated. Thanks a lot.
 
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2-3 certified statements from relatives older than your wife, stating her Date and place of Birth. Plus a non-availability certificate from her government.

Send all to Chicago lockbox,
 
kenny aka John Doe,

I think you have several different options for your name. I can tell you what my wife did, which is what's traditional for her ethnic background. In her culture (and I'm sure anyone could do this, she was born in the US and we got married in the US!), it is common for the wife to take the husband's name as their last name, and their maiden name becomes their middle name. If you would follow the same convention, then for "Mary Smith Doe" Doe would be her last name (family name) and Smith her middle name and she could interchangeably go by Mary Doe, Mary S. Doe, or Mary Smith Doe on documents.

Another part of my wife's culture is that children get the family name of the father and mother (Doe) and their middle name is the the maiden name of the wife (just like the wife's middle name). So let's say your kids are Freddie and Hillary, then they would be Freddie Smith Doe and Hillary Smith Doe. In her culture, the male children retain the name all their life and the female ones "lose" their middle name later when they get married (their new middle name becomes their maiden name and their new last name their husband's last name). So let's say Hillary gets married to Mr. Miller, her new name will be Hillary Doe Miller.

Another option you might have would be that either one of you or both of you adopt both of your names as a combined family name, and I agree with Praetorian you'd probably want it hyphenated in that case so people can recognize it as one last name. I think whatever your wife put on the SSA application as name change is what you should stick with for official documentation.
 
austriacus said:
kenny aka John Doe,

I think you have several different options for your name. I can tell you what my wife did, which is what's traditional for her ethnic background. In her culture (and I'm sure anyone could do this, she was born in the US and we got married in the US!), it is common for the wife to take the husband's name as their last name, and their maiden name becomes their middle name. If you would follow the same convention, then for "Mary Smith Doe" Doe would be her last name (family name) and Smith her middle name and she could interchangeably go by Mary Doe, Mary S. Doe, or Mary Smith Doe on documents.

Another part of my wife's culture is that children get the family name of the father and mother (Doe) and their middle name is the the maiden name of the wife (just like the wife's middle name). So let's say your kids are Freddie and Hillary, then they would be Freddie Smith Doe and Hillary Smith Doe. In her culture, the male children retain the name all their life and the female ones "lose" their middle name later when they get married (their new middle name becomes their maiden name and their new last name their husband's last name). So let's say Hillary gets married to Mr. Miller, her new name will be Hillary Doe Miller.

Another option you might have would be that either one of you or both of you adopt both of your names as a combined family name, and I agree with Praetorian you'd probably want it hyphenated in that case so people can recognize it as one last name. I think whatever your wife put on the SSA application as name change is what you should stick with for official documentation.
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I love that once in a while I learn something on here non-immigration related. That is a pretty interesting way of preserving one's name. :)
 
she can go by Mary Doe Smith, if she wishes. That's what I did - I turned my maiden name into my middle name, which is OK in the US and is not at all permitted in my country (since we don't have middle names). Or she can have a dual last name. I have seen other people with dual last names, mostly of Latino decent of some kind.

If you already filed I-130, you don't need to refile it. You need to attach a copy of a notice of receipt for I-130 with your I-485 package.
 
Let me understand this - LucyMo, if her name is Mary Doe Smith, then wouldn't her maiden name have stayed her last name, not became her middle name? However, Mary Doe Smith sounds like an interesting option too but it's not immediately obvious to me that Mrs. Mary D. Smith is married to Mr. John Doe.

I think we're describing the same thing though, LucyMo, about maiden name becoming middle name. I'm all for it and I'm sure my country doesn't allow it either. On a practical level it made the transition a LOT easier for my wife, still having a couple items like video store cards in her maiden name, that her maiden name has stayed a part of her last name. (Plus, it's part of her identity of course!)

I had also offered my wife (half-seriously) that we'll adopt her name as our family name and I'll drop my last name, and (somewhat more seriously) that I'll take her maiden name as a new middle name also (so she and I and our children all have her maiden name in our names, but I haven't followed through on this - yet - seeing how difficult it was for my wife to change her name!).

I think the retaining of maiden name and passing it on to kids is indeed mostly a latin/spanish culture phenomenon (my wife's country of heritage was invaded by Spain some 500 years ago). I'm not sure if all of them drop their "former" middle names upon marriage like my wife's culture. I know a guy from Spain who has some 86 names to his name and he's proud to recite them all.

Another thing I'm wondering about - maybe someone from India can fill me in on this - the wives of my Indian co-workers are all not changing their name after marriage, and neither are their husbands ... is this uncommon in the Indian culture? Even for a couple who moves to the US?
 
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austriacus said:
Mary Doe Smith sounds like an interesting option too but it's not immediately obvious to me that Mrs. Mary D. Smith is married to Mr. John Doe.
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I meant Mary Doe Smith if her last name was Doe and his last name was Smith. I reread the first post and realized that he had it all the way around - Mary Smith Doe.... So, yes, in her case she'd be Mary Smith Doe, married to John Doe.
 
Thank you all for your input. My wife and I decide that we are going to keep our respective names and when we have kids the kids will have both of our last name on it. That should be fine right?

Also I have another question, if my wife is changing employer in the next couple of weeks in which all necessary forms have already been submiited to USCIS, do I have to report that she has changed her employer? She is most likely going to transfer her H1-B at her current company to that of her new one. Also if she change her address after the forms have already been submitted do I have to report that too? I know if I changed my address, as a petitioner/sponsor, I would have to notify USCIS and fill out some forms. Currently she lives in a different state from me and once she get her EAD she will move in with me. Is this going to pose any problems in the future or should she move in with me now? If she moves in with me now, that means she would have to quit her H1-B sponsor job and its incredibly hard to find an immigrant sponsor job in my area. So we figure once she get her EAD she will move in with me.
 
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kenny,

I'd say put whatever employer she's with at the time you file the application. I'm not aware that she has to report a change in employers after you file the application. I suppose you could attach a separate sheet stating she has accepted an offer to start at company X on date Y if it's that clear she will switch, but I don't think this would really be necessary, UNLESS you plan to use her income as part of the I-864 then you have to be careful about her employment. About not living together yet, that should be fine but needs to be carefully explained. Be sure to explain it in the application (e.g. we had a separate attachment with the I-130 explaining why we didn't live together at the time of filing and what our future plans are). It would be great if you could document her search for an H-1B sponsor in your area to make it even more credible. However, I'm sure the USCIS realizes that H-1B employees are somewhat constrained and need to keep working for their company to keep their legal status. Be sure to also explain why you can't go live with her instead! Our IO had felt that I had a job which would make it more difficult for me to move and urged my wife to move.

About your decision to stick with your respective names ... I guess that's fine. My personal opinion would be that it might help family unity when you have kids if the entire family has the same last name ... but different people might think differently about this. (Can this even be done legally, that both keep their different names and the kids get both names? Or is there some law that decides which name the kids will get in that situation?)
 
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PraetorianXI said:
2-3 certified statements from relatives older than your wife, stating her Date and place of Birth. Plus a non-availability certificate from her government.



Send all to Chicago lockbox,
Click to expand...
Thanks for your respond. I have learned that our consulate can translate my national ID card to English. I will use that one.
How do USCIS put the files (i-130 sent to vermont center previously, and i-485 will be sent to Chicago) or information together?
 
During periods of inactivity, all petitions for an individual are collated in his/her A-file and physically stored in a repository in Missouri.

HappyAndWorry said:
How do USCIS put the files (i-130 sent to vermont center previously, and i-485 will be sent to Chicago) or information together?
Click to expand...
 
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