Form I-485 Question

[Vinny]

Hey Everyone,

 

Okay, we have applied and received SS#. We also applied for marriage license and officially married. Both the SS# and the marriage certificate shows her maiden name. So she hasn't officially taken my last name yet. I believe we do that at the SS office. Form I-485 begins with Family Name (Last Name). Do I put her maiden name since she hasn't offically switched her last name yet? or should I get it changed through SS office first then fill Form I-485? May have more questions but this is all for now.

 

Thanks

Vinny and Qing

[Sam and Fen]

Hey Everyone,

 

Okay, we have applied and received SS#. We also applied for marriage license and officially married. Both the SS# and the marriage certificate shows her maiden name. So she hasn't officially taken my last name yet. I believe we do that at the SS office. Form I-485 begins with Family Name (Last Name). Do I put her maiden name since she hasn't offically switched her last name yet? or should I get it changed through SS office first then fill Form I-485? May have more questions but this is all for now.

 

Thanks

Vinny and Qing

 

 

I beleive the name change has to start with the marriage certificate.

[dnoblett]

SSA wont allow you to apply for a SSN in a married name unless you provide them with documentation showing married name.

 

In our case we applied for marriage license and on the license indicated what married name should be, the resulting marriage certificate shows married name.

 

On form I-485 part 1 you list MARRIED name if this is what is desired on the green-card, and down in part 3 of the I-485 Maiden name is noted on the line that says "Name on I-94".

 

Later you can visit SSA office with green-card and change name on the SSN card when you apply to remove the "Valid with DHS auth" Restriction from the card.

[Vinny]

Okay, so does this mean mine is all messed up? The court house told my wife to write her maiden name under Brides Name. So then in front of the Minister he told her to sign her name like it appears on the marriage license. In this case is her name not taken my last name. I asked him how does she take my last name, he tells me just go to SSA to have it changed. So i'm confused now...

[Sam and Fen]

I would go to city hall and ask them whats involved in getting the name changed.

[dnoblett]

I would go to city hall and ask them whats involved in getting the name changed.

Exactly!

 

Again SSA wont re-issue a SSN card in married name unless you provide evidence of the name change.

 

Also, in most cases forget about SSA and wait until you have green-card or EAD card, before visiting SSA again, in most cases THEY WILL just give you the run-around and refuse to do anything until you have either an EAD or green-card. They will look up immigrations status on their system and look for married name listed with immigrations.

 

SSA issues a SSN to a K-1 primarily for one reason, to be able to apply for a marriage license, some states require SSN before they will issue a marriage license, so a K-1 without SSN may have a problem in these states.

Edited April 21, 2010 by dnoblett (see edit history)

[Vinny]

Okay, I called the probate court where we applied for the marriage license and they told me I did everything correctly. They said my wife only puts her name on the certificate not taken my last name but we are considered united by marriage. They said she just starts using my last name if she wants to but to officially change it, she needs to do that at the SSA is what they said. So you saying just apply for the I-485 using her Family name under part I not mine correct? and just wait until green card arrives to do any changes.

[dnoblett]

Okay, I called the probate court where we applied for the marriage license and they told me I did everything correctly. They said my wife only puts her name on the certificate not taken my last name but we are considered united by marriage. They said she just starts using my last name if she wants to but to officially change it, she needs to do that at the SSA is what they said. So you saying just apply for the I-485 using her Family name under part I not mine correct? and just wait until green card arrives to do any changes.

NO! If she wants your name as MARRIED name on the green-card then she PUTS YOUR name as as her name in part I of the I-485, and her maiden name down in part III of the form.

 

Not doing so will result in a green-card in maiden name which would later require filing an I-90 and paying a $370 FEE got get it changed.

Edited April 21, 2010 by dnoblett (see edit history)

[Vinny]

Sorry Dan! No I'm not another RobertH. I swear I'm not j/k

 

Thanks Everyone!

[Vinny]

Okay when I was filling out paper work to bring my Fiancee over from China, the address listed was my Parents place. At some point while going through the K1 process, I moved into my own place but my Parents address is still the address listed all the way to the Interview. The marriage certificate and SS# is listed under my new address. Will there be a problem filling out the I-485 form using my new address?

 

And on the form. Do I put the main city where we arrived in the USA for Place of Last Entry Into the United States? In what status did you last enter? I would assume its K1?

 

And before I make further mistakes. Part I. Information about you. Is Information about my Fiancee correct? Under Part 3 B I will list myself as the Spouse correct?

 

Thanks,

Vinny and Qing

[Randy W]

Okay when I was filling out paper work to bring my Fiancee over from China, the address listed was my Parents place. At some point while going through the K1 process, I moved into my own place but my Parents address is still the address listed all the way to the Interview. The marriage certificate and SS# is listed under my new address. Will there be a problem filling out the I-485 form using my new address?

 

And on the form. Do I put the main city where we arrived in the USA for Place of Last Entry Into the United States? In what status did you last enter? I would assume its K1?

 

And before I make further mistakes. Part I. Information about you. Is Information about my Fiancee correct? Under Part 3 B I will list myself as the Spouse correct?

 

Thanks,

Vinny and Qing

 

Slightly different way of thinking here - she is the applicant, not you. Answer the questions as she would answer them.

 

Yes - K-1, and list the POE as Place of last entry, where she was processed by Immigration.

 

Use your present address as long as you will be able to receive mail there.

[dnoblett]

Okay when I was filling out paper work to bring my Fiancee over from China, the address listed was my Parents place. At some point while going through the K1 process, I moved into my own place but my Parents address is still the address listed all the way to the Interview. The marriage certificate and SS# is listed under my new address. Will there be a problem filling out the I-485 form using my new address?

 

And on the form. Do I put the main city where we arrived in the USA for Place of Last Entry Into the United States? In what status did you last enter? I would assume its K1?

 

And before I make further mistakes. Part I. Information about you. Is Information about my Fiancee correct? Under Part 3 B I will list myself as the Spouse correct?

 

Thanks,

Vinny and Qing

1) Use the address where you are NOW living.

 

2) POE is the international airport where you entered the USA, not your home airport in your hometown. In my case I live in Rochester NY, the flight from China landed in Chicago IL and we changed planes there, Chicago is the POE, not Rochester.

 

3) Yes, you are now married.

 

VJ has a useful example I-485: http://www.visajourney.com/examples/INS-Form-I-485.pdf

[Kyle]

My wife and I messed this up - so on her 10 year green card it states Jingjing (Chinese surname). This is fine with me as it doesn't really make a huge difference to either of us. We're not willing to pay 370 USD to get it changed (I-90) so we're just going to wait until we can change it without fee during the naturalization process. Jingjing prefers to be called Jingjing (married surname) in social situations, but for legal stuff we still use her surname. That's another option. If you're wanting to avoid all of that, I'd make sure to get your ducks in a row before you file and do it then rather than later. Good luck.

[Vinny]

Hey everyone,

 

Should I have my wife sign her name in her native Chinese characters or sign in English on all the applications? If she signs in English then she will only be printing them because she does not know how to sign in cursive.

 

Thanks,

Vinny and Qing

[mmpv]

Hey everyone,

 

Should I have my wife sign her name in her native Chinese characters or sign in English on all the applications? If she signs in English then she will only be printing them because she does not know how to sign in cursive.

 

Thanks,

Vinny and Qing

 

This is kind of like the changing of the last name question for some.

A signature is a signature. There are no rules governing it. If she prefers to do it in Chinese that should be fine, but she should be prepared to do that from now on for all legal docs.