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  • Change of Status Questions

    I have a few questions that I would greatly appreciate assistance with. My fiancé and I will be married soon. By that time her visa will have expired, and we are planning on filing for a change of status. I already have all the forms as well as a check list for everything that needs to be done in the proper order for one step filing. My questions are as follows.

    1. My fiancé has 2 complete names...she has dual citizenship and on her birth certificate both her full names are listed. On the forms should I complete them as follows:
    Last Name: Johson/Smith First Name: Erica/Summer? Thanks for any help in advance on this one. I could append a sheet to to each form explaining the situation and only use the name from her native country while listing the other name on the appended sheet?

    2. My soon to be wife lives in a different state than I reside in. I will go to where she is and we will drive back as she won't be able to fly by the time we get married. We would like to be married for moral standards that we both have before sleeping in a bed together, but is it better to get married in the state we will use the address for on the forms? Plainly put, should we get married where I live, or can we get married where she resides without that having any effect on the filing for change of status?

    3. Last question, and thanks again for your help! I was a minster the past two years of my life. I don't have W2's for one of those years as the ministry I was a part of doesn't have offer any wages. I have W2's for last year, 2011 and prior to that, but not for 2012. For sponsorship I believe that I need W2's for the prior 3 years. Will I need a co-sponsor in this situation? Should I use one just to be safe? My parents are willing to co-sponsor her...so it's no big deal if we need to do that, but we'd like this to be as little of a complication for those processing the forms as possible.

  • #2
    If you don't marry before her 90-day allowable stay expires, the Adjustment of Status will be denied, and she will become an overstay.

    1. Use her married name on all the paperwork.
    2. Marry where you have been residing for the required time in your state (in California it's 3 months), or marry in Nevada.
    3. You only need proof of filing an income tax return for most recent year (2013). If you haven' filed 2013, use the 2012 tax return and credible proof of your current income.

    But, once again, if your gal's 90-day visa period has ended and you are not married, she will have a big problem.

    --Ray B

    Originally posted by Polymer2013 View Post
    I have a few questions that I would greatly appreciate assistance with. My fiancé and I will be married soon. By that time her visa will have expired, and we are planning on filing for a change of status. I already have all the forms as well as a check list for everything that needs to be done in the proper order for one step filing. My questions are as follows.

    1. My fiancé has 2 complete names...she has dual citizenship and on her birth certificate both her full names are listed. On the forms should I complete them as follows:
    Last Name: Johson/Smith First Name: Erica/Summer? Thanks for any help in advance on this one. I could append a sheet to to each form explaining the situation and only use the name from her native country while listing the other name on the appended sheet?

    2. My soon to be wife lives in a different state than I reside in. I will go to where she is and we will drive back as she won't be able to fly by the time we get married. We would like to be married for moral standards that we both have before sleeping in a bed together, but is it better to get married in the state we will use the address for on the forms? Plainly put, should we get married where I live, or can we get married where she resides without that having any effect on the filing for change of status?

    3. Last question, and thanks again for your help! I was a minster the past two years of my life. I don't have W2's for one of those years as the ministry I was a part of doesn't have offer any wages. I have W2's for last year, 2011 and prior to that, but not for 2012. For sponsorship I believe that I need W2's for the prior 3 years. Will I need a co-sponsor in this situation? Should I use one just to be safe? My parents are willing to co-sponsor her...so it's no big deal if we need to do that, but we'd like this to be as little of a complication for those processing the forms as possible.

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