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2 Year Green Card to 10 Year Green Card


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Hello everyone, I know it has been quite a while since I have been online. Just finished my school and we are expecting a baby girl this holiday 😝. We are so excited and blessed.

I do have a few questions about my status and needs all your help. I have a 2-year green card, I arrived here in the US last year of April 2nd. I know that I need to process for my 10-year green card 90 days before my 2nd anniversary. So my questions are as follows:

1. What type of visa should I file?

2. What are the documents needed?

3. Should we include our baby in the papers and how?

4. And lastly, how do I change my last name to my married name? It is included in the form or do I need to file separate?

I really need your help and assistance everyone. Thank you so much!


Regards,

Mrs. Gravestey

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You file an I-751 within 90 days prior to the 2 year green-card expiring, so If you came to the USA April 2nd 2013 you need to file the I-751 before April 2nd 2015.

 

Study topics marked I-751 http://candleforlove.com/forums/tags/forums/I-751/

 

As for questions:

 

1. It is not a visa, you are filing to remove conditional status on a residency card, form I-751 is what you need to file. http://www.uscis.gov/i-751

 

2. Evidence of living together in a bonafide marital relationship, (The list is long and detailed in many I-751 topics)

 

3. Yes, copy of a birth cert, if born prior to petition filing.

 

4. Name change can be tricky, you may be required to provide evidence of how the name was changed. On I-751 you can indicate married name on Part 1 Q1a. and Maiden name on Q2a

Again this may require a legal name change depending on the state you live in. If your state ID shows married name, then this should be enough for USCIS on I-751.

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Thank you Dnoblett, for the quick response. I am still using my last name( SSN, Driver's License, everything), and haven't changed it to my married name. I remembered in the forum that it is easier to change my last name to my married name during the 10 year green card process, now I'm confused? Should I change my local identifications first before filing or I can do it when filing I-751? Please help me understand, thank you so much.

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Thank you Dnoblett, for the quick response. I am still using my last name( SSN, Driver's License, everything), and haven't changed it to my married name. I remembered in the forum that it is easier to change my last name to my married name during the 10 year green card process, now I'm confused? Should I change my local identifications first before filing or I can do it when filing I-751? Please help me understand, thank you so much.

I have seen a few posts where filling the I-751 using married name gets a green-card in married name, however there is always the possibility of an RFE from USCIS requesting documentation as to how the name change occurred. In my wife's case this was documented by our marriage certificate from when we married in the states.

 

Depending on state, to do a legal name change in some cases involves the court, you would then get other documents like State ID, and SSN changed.

 

More about Legal name change: http://family.findlaw.com/marriage/how-to-legally-change-your-name.html

 

Lastly you could hold until if you apply for US Citizenship, the form for that seems to allow for a legal name change. (N-400 Part 2 #4)

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What Dan is saying, I believe, is that if you submit your I-751 application in your married name, you will most likely get the new green card in your married name. The marriage certificate should provide all the documentation needed.

 

Worst case (unlikely), is that it would be issued in your maiden name.

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Randy, thank you for clearing that up. Speaking of marriage certificate, should I get a marriage certificate from the state or the marriage packet from China sufficient? Thank you.

No state will issue one unless married in the state.

In my case my wife came here as a fiance on a K-1 visa we married here, the resulting cert shows married name. This would not typically be the case for Chona.

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Randy, thank you for clearing that up. Speaking of marriage certificate, should I get a marriage certificate from the state or the marriage packet from China sufficient? Thank you.

No state will issue one unless married in the state.

In my case my wife came here as a fiance on a K-1 visa we married here, the resulting cert shows married name. This would not typically be the case for Chona.

 

 

 

Many marriage licenses/certificates DO NOT show the married name - this is left to the individual to choose whether to keep their maiden name, adopt their spouse's name, use a hyphenated form of the two names, or some other permutation.

 

Yes, the white book from China serves as your marriage certificate.

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Ok, thank you guys. We will just fill the I-751 form with my married name. Goodluck to us!!!!

It should work out fine, once you have the green-card in married name, you could change name on SSN card at SSA Office, and also on State ID.

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4. And lastly, how do I change my last name to my married name? It is included in the form or do I need to file separate?

 

The best advice I can give you is don't change it yet. Wait until you file for citizenship and do it then, you type it in exactly how you want it to be. The interview officer will ask you and confirm it too. (Next, get your USA passport in your new married name first, the rest will be easier if you do the passport first). To do it now would be a paperwork nightmare, from bank accounts to insurance, then your China passport wouldn't match your USA ID's for travel.
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