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I-485 Adjustment of status. Please help!

I-485 Adjustment of status. Please help!

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Old Feb 7th 2004, 10:57 am
  #1  
Yan
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Default I-485 Adjustment of status. Please help!

Hello. We are in process of preparing all documents to submit with I-485
form -Adjustment of status.



I have three important questions and called to NY INS office for answers
with no luck.



Questions are:



- We married and my wife took my last name. When filling all forms should we
use her maiden name or new one?

- We got married just 3 days before her K1 90 days expired. When my wife
went to local Social Security office to obtain SS number, her application
was denied because I-94 indicated that visa is expired. They recommended
calling to INS, but we just couldn't reach anyone. How she can obtain SS
card?

- I-864 Affidavit of support requires attaching the copy of income tax
return for the last 3 years, but I did not filled up for year 2003. What
should I do?



I really appreciate if someone can help.
 
Old Feb 7th 2004, 12:16 pm
  #2  
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Default Re: I-485 Adjustment of status. Please help!

Originally posted by Yan
- We married and my wife took my last name. When filling all forms should we
use her maiden name or new one?
Use the 'new' married surname. Your marriage certificate is proof of a name change.

- We got married just 3 days before her K1 90 days expired. When my wife went to local Social Security office to obtain SS number, her application
was denied because I-94 indicated that visa is expired. They recommended
calling to INS, but we just couldn't reach anyone. How she can obtain SS
card?
You will need to have the EAD in hand to apply for her SSN now; the SSA requires valid documentation of your wife's status in order to issue her an SSN.

Hope that helps some.

Best wishes

Tam
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Old Feb 7th 2004, 12:58 pm
  #3  
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Default Re: I-485 Adjustment of status. Please help!

Yan,

Your wife should put the name she is using on her forms. (Unless the question specifically asks for maiden name - sometimes it does.)

Your wife needs to have an Employment Authorization Document (EAD) from the USCIS in order to get a SS card. Should apply for an EAD by filing form I-765 at the same time she files her I-485.

If you have not filed your 2003 tax return yet then your last 3 years are 2000, 2001, and 2002. Submit the last 3 years like the instruction tells you to do.

Regards, JEff


Originally posted by Yan
Hello. We are in process of preparing all documents to submit with I-485
form -Adjustment of status.

I have three important questions and called to NY INS office for answers
with no luck.

Questions are:

- We married and my wife took my last name. When filling all forms should we
use her maiden name or new one?

- We got married just 3 days before her K1 90 days expired. When my wife
went to local Social Security office to obtain SS number, her application
was denied because I-94 indicated that visa is expired. They recommended
calling to INS, but we just couldn't reach anyone. How she can obtain SS
card?

- I-864 Affidavit of support requires attaching the copy of income tax
return for the last 3 years, but I did not filled up for year 2003. What
should I do?



I really appreciate if someone can help.
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Old Feb 7th 2004, 3:41 pm
  #4  
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Default Re: I-485 Adjustment of status. Please help!

Originally posted by Yan


- We married and my wife took my last name. When filling all forms should we
use her maiden name or new one?

- We got married just 3 days before her K1 90 days expired. When my wife
went to local Social Security office to obtain SS number, her application
was denied because I-94 indicated that visa is expired. They recommended
calling to INS, but we just couldn't reach anyone. How she can obtain SS
card?

- I-864 Affidavit of support requires attaching the copy of income tax
return for the last 3 years, but I did not filled up for year 2003. What
should I do?


Hi:

#1 -- make sure to disclose both names in the appropriate spaces.

#2 -- once she gets the EAD, should be no problem.

#3 -- file 2000, 2001 and 2002 -- the 2003 is not even due yet. You will need the 2003 at time of interview.
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