I need help getting filed

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Fonzie

Registered Users (C)
Hello,
I am a USC who is getting married to an F1 next week in the US. Her work permit on the f1 expired, and her 60 days to stay end on March 10th. We have filed for a marriage licence, but since we were not thinking of the complications a name change would create, we registered to have her name changed. We really need help getting started and knowing what to file, so here are our questions.

1. If we get the I-130 and I-485 filed, and her visa expires after we file, but get no response yet, can she stay in the US during that time?

2. Do we need to take care of all the name changing process though SS# and driver liscence etc. BEFORE we can file the paperwork for a adjustment of status?

3. Since she is already in the US, can we file for the I-130 and the I-485 at the same time? Is there any other forms that need to be sent out with it? Also, are there any other forms that I can send in immediatly to make the process go faster?

4. Where and when do we take care of the medical exam? Will we recieve instructions on this later?

5. What does AP stand for?

6. After finish filing all of the necissary immigration paperwork and before she gets her Green Card, can she leave the country and come back? Does she need to apply for anything to be able to get back to the US?

7. Finally, I would really appreciate any advice to help make this process easier for us, if anyone has anything that you think could help us...I would love to hear it! :) thanks


Thank you for taking your time to help us out!!! :) :) :) It is really appreciated!
 
1. If we get the I-130 and I-485 filed, and her visa expires after we file, but get no response yet, can she stay in the US during that time?
When you have all the forms ready to file, it is advice to use a certified mail so you know when USCIS received it. After that can take up to two weeks to received your NOA's (Notice of Action I-797C) that is your receipts. When she submitts her AOS (Adjustment of status) her status is "adjustment of status" is an authorize stay by the Attorney General, unfortunately by state law is not recognize as a full legal status and you will find that to do some things will be quite a challenge. Before filing review the forms over and over again and check the fees.

2. Do we need to take care of all the name changing process though SS# and driver liscence etc. BEFORE we can file the paperwork for a adjustment of status?
That is your call, a change of name has been discussed before, make a search. In any case in one of the forms she must submitt her maiden name as well

3. Since she is already in the US, can we file for the I-130 and the I-485 at the same time? Is there any other forms that need to be sent out with it? Also, are there any other forms that I can send in immediatly to make the process go faster?
Yes, the I-130 and the I-485 packet are file concurrently to Chicago Lockbox. Go to www.uscis.gov about the rest of the forms (I-864, G-325, I-693, etc) that she needs to put in the I-485 packet.


4. Where and when do we take care of the medical exam? Will we recieve instructions on this later?
Go to www.uscis.gov. In the website there is a list of official designated surgeons that you can choose by your area. You won't receive any instructions about this. She pick a doctor and ask what she needs to bring, normally consist in vaccinations and tuberculosis (skin test or x-ray) and will be a short physical examination. You must send the medical exam with the I-485 packet, and the doctor must sealed the results do not open the envelope.

5. What does AP stand for?
Advance Parole. Is the authorization to travel outside the US while her adjustment of status is pending. You can find more about it at www.uscis.gov
You can apply for this as part of her I-485 packet and with the respective fee.

6. After finish filing all of the necissary immigration paperwork and before she gets her Green Card, can she leave the country and come back? Does she need to apply for anything to be able to get back to the US?
Yes, Q&A #5. She needs to have the approved AP before leave the US.

7. Finally, I would really appreciate any advice to help make this process easier for us, if anyone has anything that you think could help us...I would love to hear it! :) thanks
Go to www.uscis.gov, read carefully, finish reading all even it can looks a little bit confusing at the beginning and do it again and you will see that is not so complicated and make many searchs over this forum.


Good luck,
 
I am a USC who is getting married to an F1 next week in the US. Her work permit on the f1 expired, and her 60 days to stay end on March 10th. We have filed for a marriage licence, but since we were not thinking of the complications a name change would create, we registered to have her name changed. We really need help getting started and knowing what to file, so here are our questions.
First of all, Having a marriage licence doesn't mean that you are married. In order to file for her Adjustment of status you have to get married by the time you file [/COLOR]
1. If we get the I-130 and I-485 filed, and her visa expires after we file, but get no response yet, can she stay in the US during that time?
Yes. She can stay as long as Her AOS is pending
Fonzie said:
Hello,
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Fonzie said:
2. Do we need to take care of all the name changing process though SS# and driver liscence etc. BEFORE we can file the paperwork for a adjustment of status?
You can do this paperwork later. Just file the forms with her married name. If you do want to do it before you file. The DMV and the Social Security administration want to see Marriage certificate. The new corrected SS card is typically in the mail within 10 business days
3. Since she is already in the US, can we file for the I-130 and the I-485 at the same time? Is there any other forms that need to be sent out with it? Also, are there any other forms that I can send in immediatly to make the process go faster?
You are advised to file the to forms concurrently. Otherwise the whole precess will take much longer. Read here about all the paperwork you have to prepare; http://uscis.gov/graphics/formsfee/forms/i-485.htm#fba
4. Where and when do we take care of the medical exam? Will we recieve instructions on this later?You have to contact your local office and see if they require med exam at the time of the interview or at the time of submitting the documents

5. What does AP stand for?Advance Parole - travel permit. She has to have AP if she wants to travel outside of the country during her Aos process

6. After finish filing all of the necissary immigration paperwork and before she gets her Green Card, can she leave the country and come back? Does she need to apply for anything to be able to get back to the US?
Yes , she can leave the country as long as she have AP - Advance parole http://uscis.gov/graphics/formsfee/forms/i-131.htm If she wants to work she has to apply forEAD -http://uscis.gov/graphics/formsfee/forms/i-131.htm
7. Finally, I would really appreciate any advice to help make this process easier for us, if anyone has anything that you think could help us...I would love to hear it! :) thanks
DO NOT miss any of the documents. That's the only thing that can delay the process. Follow everything step by step.. Andafter all it depends on your Local DO as well. The whole process generally doesn't exceed one year

Thank you for taking your time to help us out!!! :) :) :) It is really appreciated!
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Thank you cherr1980 and NBC_June04. We had been looking all over the forum, USCIS website, and other related information for so many times before we posted our questions, but just can't feel very certain of our questions. Now we felt a lot more confident. Thank you two kindly help again.
 
For her to change her name with the social security administration she has to show a letter saying that she's working. As an F-1 she only got a SSN so she could work and file taxes. If she's not working anymore, they won't change a thing in her information, not even a name change. I had to go through that. I had to show 2 letters from my school showing that I have a job on-campus and then I was able to update my info. Everywhere else it was pretty easy, just show your marriage certificate and they change it right away.
 
Payala: Since she's no longer under her OPT, she couldn't work anymore and her F-1 is going to expired on Mar. 10. After I searched in this forum, many people suggested her to apply name change after we get everything filed first. Then we will go to SSN office to apply name change with our marriage certificate, her new driver license with new name, and NOA. Hopefully that will have a better chance there.
 
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