I-485 questions

[xulei601]

Aside from a visit to the SS office, I haven't thought about immigration in weeks! I was planning a wedding and looking for a job and a house, but that stress was like a vacation. Now we're applying for AOS........

 

Most of my questions were answered by VJ's sample forms, but here are a few lingerers:

 

1. She is going to keep her entire Chinese name and take my last name. So her legal name will be <Chinese family name> <Chinese given name> <new American last name>, in that order. So, the simplest question on form I-485 (YOUR NAME) has become a little complicated. It has boxes for FAMILY NAME, GIVEN NAME, MIDDLE NAME. Under FAMILY NAME I want to write her new American last name, and for GIVEN NAME her full Chinese name, beginning with her Chinese family name. Nothing for middle name. Does this sound right?

 

2. In Part 3 it asks for her name exactly as it appears on the I-94. Are you guys putting family name first or last? Does it matter?

 

3. Initial evidence - birth certificate. Can we send a photocopy of this? I'm not sure if there is a difference between "copy" and "photocopy". It asks for a copy of the BC, but a photocopy of her visa. Is there a difference? I'd like to hold on to the original if possible.

 

4. Other evidence - I've been reading of people getting RFE'd during the AOS process. Do we need to submit evidence of our relationship, other than marriage certificate and other specifically requested docs?

 

Thanks in advance!!!

[david_dawei]

1. see this:

 

Filing for AOS, but confused about wife's last name

http://candleforlove.com/forums/index.php?...topic=12408&hl=

 

2. I think the spelling being correct is most important.. just make sure you keep to american convention: If you put her family name first, then use a comma afterwards. I did put her family name first and keeping to what I do on every form I fill out with a name... I put her family name in ALL CAPITALS... So it reads as : LASTNAME, FirstName

 

3. I included a copy of the b/c... as in a photocopy... I guess I don't see the difference between them. DON'T SEND ORIGINALs. You won't get them back. Have on hand in case you are asked for one at interview.

 

4. I personally didn't.. I only gave what the required docs were..

[LeeFisher3]

How you change the name is entirely up to you, but how her name appears in her passport and previous immigration forms is significant. Swaping the position of family and given name could create issues with her passport and green card as they will be the opposite. You will be performing what is considered a non-standard name change and it could easily get kicked back to you and no amount of explaining will make it easy.

 

My wife has listed her Family name in any place where last name has been requested and Given name as first name. On AOS we move her family name to Middle name and she took my last name.

 

How we choose to be known or called is completely up to us, for our Chinese friends she will use her name as in China, for our American friends she will use her Given Name, family name and my last name.

 

#2 - It doesn't matter how it was entered on the I-94 they want you to list it EXACTLY as it appears. Don't get creative, follow the instructions, Exactly means Exactly.

 

#3 - a photocopy is what they are expecting - not an original. The definition of a copy in the instructions is a photocopy of the original.

 

#4 - A Certified marriage certificate is a proof of relationship, but at this time they are not requesting proof of relationship, just a marriage certificate. A number of people are reporting AOS without interview so it's a coin toss and not part of the requirements.

 

Just consider how it would be viewed if you decided to swap your first and last name without a court declaration.