Tweet
Eligibilty to file for AOS for spouse
Hi,
I would appreciate any info regarding the following matter.
Background:
I have an AOS application that is current but not yet approved. I got married a month back in India and my spouse has accompanied me back to the US. I could file her AOS application currently and add her to my GC application. However I prefer to apply for a name change in her passport from her maiden name to married name before I file for her AOS. The delay in the Indian consulate in SF is currentrly over a month. One primary motivation for doing the name change is that in her current passport the surname/last name is blank. Her full name is the first name field. I think this can be unconventional to USCIS and could cause problems. So this means that I can file for her AOS only over a month from now during which my AOS could get approved.
Question:
Is my spouse eligible to file for AOS without any delay after my AOS gets approved, since the date of our marriage is prior to the date of approval of my AOS?
Some documents I have read seem to indicate the answer is yes, as she should be eligible for the following-to-join benefits for a spouse. i would appreciate it if someone could validate this for me?
Thanks.
I would appreciate any info regarding the following matter.
Background:
I have an AOS application that is current but not yet approved. I got married a month back in India and my spouse has accompanied me back to the US. I could file her AOS application currently and add her to my GC application. However I prefer to apply for a name change in her passport from her maiden name to married name before I file for her AOS. The delay in the Indian consulate in SF is currentrly over a month. One primary motivation for doing the name change is that in her current passport the surname/last name is blank. Her full name is the first name field. I think this can be unconventional to USCIS and could cause problems. So this means that I can file for her AOS only over a month from now during which my AOS could get approved.
Question:
Is my spouse eligible to file for AOS without any delay after my AOS gets approved, since the date of our marriage is prior to the date of approval of my AOS?
Some documents I have read seem to indicate the answer is yes, as she should be eligible for the following-to-join benefits for a spouse. i would appreciate it if someone could validate this for me?
Thanks.
