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Name change on I-130 vs I-485/ F-1 student on OPT visa married GC holder questions

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  • Name change on I-130 vs I-485/ F-1 student on OPT visa married GC holder questions

    Hi everyone,
    I'm new here and I have a lot of questions but thank to everyone's contribution, I've gone through all of the threads that's close to my case and I've learned a lot from it. However I really don't want to mess up any process here so I still need advice from you all.

    So here is my situation,
    I'm an F-1 student currently working in my OPT period. I got married in 01/18/17.When I went to renew my driver license in PA, they told me that I could change my last name to my husband's so I did. After a few months of moving to NJ, I went to the DMV in NJ to have my driver license updated. It turned out that it was a mistake of whoever changed my name last time, because I have nothing to support the fact that my name has changed (besides the marriage certificate). So I had my name changed back to my maiden name on my Driver license and EAD card.
    However, my husband (GC holder) has already filed I-130 and sent it out (PD:05/22/17- "case is received" shown on USCIS tracker) before the name change happened and he used my MARRIED name. A few days ago we sent out our package with form I-485 ( and we used my MAIDEN name. I'd really want to keep my Maiden name on all of the paperworks from now on because it's really hard for me to have my name changed in my country (passport, driver license, assets under my name inherited from my parents').

    My question is, what should I do, beside contact USCIS, should I file any additional form?

    Also, doesn't really related to the name change, my OPT is going to expired on 08/15/18 (this year), but I already sent out I-485, can I stay here legally after the OPT period expired? I know I have 60 days after the OPT period to decide to continue studying or to leave. But I'd rather to stay and wait until my status get adjusted.

    Any advice is really appreciated! Thank you so much!

  • #2
    What's your name on your marriage certificate? Did he put your original name on the field "used name"?

    If you use your husband name on the marriage certificate, it should be fine!
    --------------------------------------------------------------------------
    Pittsburgh PA office
    PD: 1/10/2018
    Bio: 2/10/2018
    Courtesy letter: I 693 missing: 2/10/2018
    User-defined error for I485: 3/26/2018
    131 and 765 approved: 6/1/2018
    Received Combo card: 6/5/2018
    Interview was scheduled: 9/7/2018

    Comment


    • #3
      Originally posted by pantherwindy View Post
      What's your name on your marriage certificate? Did he put your original name on the field "used name"?

      If you use your husband name on the marriage certificate, it should be fine!
      Would it be confusing if I had my married name on I-130 and my maiden name on I-485? I've read that when it comes to the interview, I can tell them to use the name I want. However, since everything is still process, I don't wanna risk it

      Comment


      • #4
        Originally posted by sinyanmei92 View Post
        Would it be confusing if I had my married name on I-130 and my maiden name on I-485? I've read that when it comes to the interview, I can tell them to use the name I want. However, since everything is still process, I don't wanna risk it
        Are you filing concurrently? If so, yeah it's confusing and you should pick one.

        If you've already filed the I-130 and want to now file the I-485 with a different name, you can - as long as the name is your legal name (i.e. you've gone through the name change process officially).

        Just include the name change certificate, and you can make a note of it in your cover letter.
        2/20: Received at Chicago lockbox
        4/04: We reviewed your biometrics and are processing your case (I-765 & I-485)
        4/18: Ready to be scheduled for an interview (No notification, not updated on either site until Aug 27)
        4/19: Request to expedite EAD
        5/11: Received EAD
        6/26: Applied for Advance Parole
        8/09: Advance Parole approved
        8/29: Scheduled for Interview
        10/11: Interview
        10/12: RFE on I-130 (misplaced G28)
        10/16: Sent new G28
        10/19: Approved!

        Comment


        • #5
          Originally posted by sinyanmei92 View Post
          Hi everyone,
          I'm new here and I have a lot of questions but thank to everyone's contribution, I've gone through all of the threads that's close to my case and I've learned a lot from it. However I really don't want to mess up any process here so I still need advice from you all.

          So here is my situation,
          I'm an F-1 student currently working in my OPT period. I got married in 01/18/17.When I went to renew my driver license in PA, they told me that I could change my last name to my husband's so I did. After a few months of moving to NJ, I went to the DMV in NJ to have my driver license updated. It turned out that it was a mistake of whoever changed my name last time, because I have nothing to support the fact that my name has changed (besides the marriage certificate). So I had my name changed back to my maiden name on my Driver license and EAD card.
          However, my husband (GC holder) has already filed I-130 and sent it out (PD:05/22/17- "case is received" shown on USCIS tracker) before the name change happened and he used my MARRIED name. A few days ago we sent out our package with form I-485 ( and we used my MAIDEN name. I'd really want to keep my Maiden name on all of the paperworks from now on because it's really hard for me to have my name changed in my country (passport, driver license, assets under my name inherited from my parents').

          My question is, what should I do, beside contact USCIS, should I file any additional form?

          Also, doesn't really related to the name change, my OPT is going to expired on 08/15/18 (this year), but I already sent out I-485, can I stay here legally after the OPT period expired? I know I have 60 days after the OPT period to decide to continue studying or to leave. But I'd rather to stay and wait until my status get adjusted.

          Any advice is really appreciated! Thank you so much!
          Sorry, I just read your whole thing.

          You should submit an affidavit, both you and your husband, explaining the entire thing and submit it with your I-485.
          2/20: Received at Chicago lockbox
          4/04: We reviewed your biometrics and are processing your case (I-765 & I-485)
          4/18: Ready to be scheduled for an interview (No notification, not updated on either site until Aug 27)
          4/19: Request to expedite EAD
          5/11: Received EAD
          6/26: Applied for Advance Parole
          8/09: Advance Parole approved
          8/29: Scheduled for Interview
          10/11: Interview
          10/12: RFE on I-130 (misplaced G28)
          10/16: Sent new G28
          10/19: Approved!

          Comment


          • #6
            Originally posted by ember View Post
            Sorry, I just read your whole thing.

            You should submit an affidavit, both you and your husband, explaining the entire thing and submit it with your I-485.
            I already sent out i-485, should I call Uscis or should I send an affidavit to the Chicago lock box with my case number on it?

            Comment


            • #7
              Originally posted by sinyanmei92 View Post
              I already sent out i-485, should I call Uscis or should I send an affidavit to the Chicago lock box with my case number on it?
              Ah, you may just have to wait for an RFE or a rejection and then respond / refile.

              If you want to, you can send in the affidavits anyway and then email lockbox support or call about 5-10 days after you've sent them to make sure that they've arrived and have been put in your file.

              Sorry
              2/20: Received at Chicago lockbox
              4/04: We reviewed your biometrics and are processing your case (I-765 & I-485)
              4/18: Ready to be scheduled for an interview (No notification, not updated on either site until Aug 27)
              4/19: Request to expedite EAD
              5/11: Received EAD
              6/26: Applied for Advance Parole
              8/09: Advance Parole approved
              8/29: Scheduled for Interview
              10/11: Interview
              10/12: RFE on I-130 (misplaced G28)
              10/16: Sent new G28
              10/19: Approved!

              Comment

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