Adjustment of Status (IL)

[Walbrzyszanka21]

Hello everyone,

I am seeking some advice/help. I know that some of you will tell me to go talk to a lawyer but my husband would rather not take one. He believes we can do the AOS process on our own.

A little bit about myself: I came to the United States June of 2001 from Poland on a tourist (B2?) visa. I was 10 years old. My Visa expired October of 2009 and the passport that had my Visa, also expired. I have all of my documentation (I-94 and other) since I needed those for applying for DACA.

I recently got married (4/8/17). Now I need some guidance on what to do first because I am hearing/reading multiple scenarios.

1. Go straight to applying for AOS and on the application state that I will be changing my last name and then after I get my green card or EAD (since I already have a work permit, my husband says that I do not need to apply for a work permit but it expires January 2018) and THEN go to SSA and DMV to notify them of my last name change?

2. Go to SSA and DMV first to change my last name and then start the AOS process?

Also, what forms do we have to fill out because I know I have to fill out I-130A and I-485 and my husband has to fill out I-130. Should I still fill out I-765? Any other form? I am pretty sure I am missing the medical examination and bio forms.

Any help would be appreciated. I am stressing out over this.

[rayb]

Fill out I-765 to be included with your Adjustment package. It is included in your $1,225 Adjustment fee. Your husband is correct that your current Work Authorization will be okay till it expires, but your Adjustment of Status provides a new, updated legal basis for the Work Authorization. Once you have your Green Card, about 6+ months after applyng, you won't need the Work Authorization.

--Ray B

Hello everyone,

I am seeking some advice/help. I know that some of you will tell me to go talk to a lawyer but my husband would rather not take one. He believes we can do the AOS process on our own.

A little bit about myself: I came to the United States June of 2001 from Poland on a tourist (B2?) visa. I was 10 years old. My Visa expired October of 2009 and the passport that had my Visa, also expired. I have all of my documentation (I-94 and other) since I needed those for applying for DACA.

I recently got married (4/8/17). Now I need some guidance on what to do first because I am hearing/reading multiple scenarios.

1. Go straight to applying for AOS and on the application state that I will be changing my last name and then after I get my green card or EAD (since I already have a work permit, my husband says that I do not need to apply for a work permit but it expires January 2018) and THEN go to SSA and DMV to notify them of my last name change?

2. Go to SSA and DMV first to change my last name and then start the AOS process?

Also, what forms do we have to fill out because I know I have to fill out I-130A and I-485 and my husband has to fill out I-130. Should I still fill out I-765? Any other form? I am pretty sure I am missing the medical examination and bio forms.

Any help would be appreciated. I am stressing out over this.

[Walbrzyszanka21]

Fill out I-765 to be included with your Adjustment package. It is included in your $1,225 Adjustment fee. Your husband is correct that your current Work Authorization will be okay till it expires, but your Adjustment of Status provides a new, updated legal basis for the Work Authorization. Once you have your Green Card, about 6+ months after applyng, you won't need the Work Authorization.

--Ray B

Thank you, I was not aware that the I-765 form was included in the AOS fee.

[scientist2016]

And last name change is not mandatory.

[rayb]

Yes, the $1,225 includes I-765 and I-131 and Biometrics. If this is a conversion procedure, for spousal processing, then your I-130 and I-130A, together, require a separate $535 fee.


--Ray B

Thank you, I was not aware that the I-765 form was included in the AOS fee.

[Walbrzyszanka21]

And last name change is not mandatory.

Well here is where my dilemma is or maybe I am just overthinking it.

I still have my maiden last name. I know I have to notify SSA and DMV of my last name change when I do so. But do I do that first and then the AOS process or can I start the AOS process while legally still having my maiden last name, put my intended married last name on the forms and then after receiving EAD/GC, notify SSA and DMV?

[rayb]

This name change issue comes up with all recently married ladies, and is overstated.

Do your Adjustment documents in married name (unless you want your Green Card to be in maiden name).

Your marriage automatically provides for legal use of your married name.

--Ray B

Well here is where my dilemma is or maybe I am just overthinking it.

I still have my maiden last name. I know I have to notify SSA and DMV of my last name change when I do so. But do I do that first and then the AOS process or can I start the AOS process while legally still having my maiden last name, put my intended married last name on the forms and then after receiving EAD/GC, notify SSA and DMV?

[Walbrzyszanka21]

This name change issue comes up with all recently married ladies, and is overstated.

Do your Adjustment documents in married name (unless you want your Green Card to be in maiden name).

Your marriage automatically provides for legal use of your married name.

--Ray B

So you are saying start AOS process with the married name (even though I have not legally changed it yet) and once I get my Green Card/EAD that will serve as an additional proof for SSA and DMV when I go and get my documents changed?