What surname do I put on I-130 and I-485?

[kaatti]

Hello,
My and my husband just got married last week. My question is..do I put my married name as my surname or my maiden name (which I have all my documents in..passport, SS card, etc.). We are still waiting for our marriage licence to arrive so I can send the papers but running out of time as my visa will expire soon. I do have the "card" style paper signed by mayor which we got at the day of our marriage.

Also if I file EAD (I-765) with my I-485 do I need to pay the fees for EAD or not?

Thank you very much for any help.

[newacct]

Hello,
My and my husband just got married last week. My question is..do I put my married name as my surname or my maiden name (which I have all my documents in..passport, SS card, etc.). We are still waiting for our marriage licence to arrive so I can send the papers but running out of time as my visa will expire soon. I do have the "card" style paper signed by mayor which we got at the day of our marriage.

If you changed your name as part of the marriage, then the married name is now your only legal name, and you must use that name on all forms. Note that not everyone changes their name as part of the marriage. If you did, it would say so on the marriage certificate.

Assuming your husband is a US citizen, it doesn't matter for your AOS whether you are in status or not when you file, so you can wait until you have all the required documents and then file.

Also if I file EAD (I-765) with my I-485 do I need to pay the fees for EAD or not?

Both I-765 for EAD and I-131 for Advance Parole are free for I-485 applicants.

[inadmissible]

You use your legal name

In the United States, any name change you elect when obtaining a marriage license from a county registrar serves to legally change your name. Your marriage certificate serves proof of your new name

[kaatti]

If you changed your name as part of the marriage, then the married name is now your only legal name, and you must use that name on all forms. Note that not everyone changes their name as part of the marriage. If you did, it would say so on the marriage certificate.

Assuming your husband is a US citizen, it doesn't matter for your AOS whether you are in status or not when you file, so you can wait until you have all the required documents and then file.


Both I-765 for EAD and I-131 for Advance Parole are free for I-485 applicants.

Thank you very much for your answers.
As I don't have the marriage certificate I can't tell what my last name on it is...the wedding was quite quick and emotional so I completely slipped off my mind to tell the mayor to change my name if I had to do so. As in my country it happens automatically. I already filled all the papers with my new married name.

Yes my husband is US citizen but I was told that my immigration papers must arrive to USCIS before my allowed time here runs out..which is in less then two weeks...in order to not become illegal.

[inadmissible]

Being unlawfully present for a short while is no big deal, really

[newacct]

Yes my husband is US citizen but I was told that my immigration papers must arrive to USCIS before my allowed time here runs out..which is in less then two weeks...in order to not become illegal.

But they didn't say it would affect your AOS.

Legally speaking, whether you are out of status or how long you may have been out of status are completely irrelevant for your AOS. Of course, the earlier you file the better, because you are potentially deportable in the period of time between when your I-94 expires and when you file AOS, but there's no point not waiting until you have all the required documents (e.g. marriage certificate).

[kaatti]

Thank you for all your help. One more question...what is better to send...checks or money order?

[newacct]

Thank you for all your help. One more question...what is better to send...checks or money order?

checks

[kaatti]

checks

do they prefer them or is it just more common thing to do? has anybody got any experience with sending money order being a problem?

Also...reading through the forms one more time I've noticed that on G-1145 it says "This service is available for applications filed at a USCIS Lockbox facility." Does it mean that when I'm sending Fedex to
USCIS
Attn: FBAS
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517

the e-Notification is not available?

Thank you

[rayb]

Postal money orders and convenience store money orders are difficult to track or obtain reimbursement if lost. Personal checks can be tracked and allow you to retain better control over the process.

E-notification form can be used with the alternative "courier delivery" Chicago address.

--Ray B

do they prefer them or is it just more common thing to do? has anybody got any experience with sending money order being a problem?

Also...reading through the forms one more time I've noticed that on G-1145 it says "This service is available for applications filed at a USCIS Lockbox facility." Does it mean that when I'm sending Fedex to
USCIS
Attn: FBAS
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517

the e-Notification is not available?

Thank you