Jerry_k

Dear All,

This is an expanded repost of my last message posted here last week.

As you may know from my previous posts, my naturalization application
is being processed by INS and I hope to become US citizen in 6-8
weeks, assuming there will not be any delays or "unforeseen
circumstances". So once the process is completed, I'd like to sponsor
my wife for a green card.

Here's the background: We have been married for over 2 years, and we
got married in our home country, while I was visiting my wife. She
finally joined me 8 months ago and she came to the US using a B-2
visa. Prior to the end of the 6-month period which she was granted at
the time of entry, we filed for extension of stay by additional 6
months, and as far as we know, INS is still processing her
application, so if we're lucky, we'll be able to start the greencard
process before she gets a decision regarding her application for
extension of stay.

Now a couple of questions:
1) I guess it would be a good idea to bring the marriage certificate
to my interview, as my marital status has changed since becoming
permanent resident, correct?

2) I've been told by a friend of mine that once I receive the
certificate of naturalization, we could file the application for a
greencard for her immediately, like for example on the next day after
the oath ceremony. Is it correct?

3) We will be submitting her application to San Francisco office, but
since she's now staying with her relatives in Boston for another month
or so, we figured out that she might find there a doctor approved by
INS, undergo all necessary examinations, tests etc. and get it done
there. Is it possible or the examination has to be done in SF area?

4) I am also wondering if we should file the application on ourselves
or should we rather get a lawyer to do it for us? Someone mentioned
to me that INS might deny my wife's application because of so called
"immigrant intent". Is it very likely to happen?

5) At the time I was filling out the N400 form, I decided to have my
last name changed. When we got married she didn't take my last name so
she is using her maiden name. But once I become US citizen, she would
like to have her name changed so she could have the same last name as
me. I checked the I-485 form, but didn't see any option for name
change as on N-400 form. So I guess she should have her last name
changed first in our home country, get a passport with a new last name
and then we should file for a greencard for her so she could have the
same last name on the greencard as me. Is it the only way to do it, or
is there an easier way?

Also, are there any issues we may run into while dealing with INS?

Thanks,
Jerry Kornitz

Jerry_k

Dear Immigration Gurus,

Any advise to my previously post will be greatly appreciated.

Thank you,
Jerry

[email protected] (Jerry_K) wrote in message news:...
    > Dear All,
    >
    > This is an expanded repost of my last message posted here last week.
    >
    > As you may know from my previous posts, my naturalization application
    > is being processed by INS and I hope to become US citizen in 6-8
    > weeks, assuming there will not be any delays or "unforeseen
    > circumstances". So once the process is completed, I'd like to sponsor
    > my wife for a green card.
    >
    > Here's the background: We have been married for over 2 years, and we
    > got married in our home country, while I was visiting my wife. She
    > finally joined me 8 months ago and she came to the US using a B-2
    > visa. Prior to the end of the 6-month period which she was granted at
    > the time of entry, we filed for extension of stay by additional 6
    > months, and as far as we know, INS is still processing her
    > application, so if we're lucky, we'll be able to start the greencard
    > process before she gets a decision regarding her application for
    > extension of stay.
    >
    > Now a couple of questions:
    > 1) I guess it would be a good idea to bring the marriage certificate
    > to my interview, as my marital status has changed since becoming
    > permanent resident, correct?
    >
    > 2) I've been told by a friend of mine that once I receive the
    > certificate of naturalization, we could file the application for a
    > greencard for her immediately, like for example on the next day after
    > the oath ceremony. Is it correct?
    >
    > 3) We will be submitting her application to San Francisco office, but
    > since she's now staying with her relatives in Boston for another month
    > or so, we figured out that she might find there a doctor approved by
    > INS, undergo all necessary examinations, tests etc. and get it done
    > there. Is it possible or the examination has to be done in SF area?
    >
    > 4) I am also wondering if we should file the application on ourselves
    > or should we rather get a lawyer to do it for us? Someone mentioned
    > to me that INS might deny my wife's application because of so called
    > "immigrant intent". Is it very likely to happen?
    >
    > 5) At the time I was filling out the N400 form, I decided to have my
    > last name changed. When we got married she didn't take my last name so
    > she is using her maiden name. But once I become US citizen, she would
    > like to have her name changed so she could have the same last name as
    > me. I checked the I-485 form, but didn't see any option for name
    > change as on N-400 form. So I guess she should have her last name
    > changed first in our home country, get a passport with a new last name
    > and then we should file for a greencard for her so she could have the
    > same last name on the greencard as me. Is it the only way to do it, or
    > is there an easier way?
    >
    > Also, are there any issues we may run into while dealing with INS?
    >
    > Thanks,
    > Jerry Kornitz

Sylvia Ottemoeller

"Jerry_K" wrote in message
news:[email protected]...

    > This is an expanded repost of my last message posted here last week.
    > As you may know from my previous posts, my naturalization application
    > is being processed by INS and I hope to become US citizen in 6-8
    > weeks, assuming there will not be any delays or "unforeseen
    > circumstances". So once the process is completed, I'd like to sponsor
    > my wife for a green card.
    > Here's the background: We have been married for over 2 years, and we
    > got married in our home country, while I was visiting my wife. She
    > finally joined me 8 months ago and she came to the US using a B-2
    > visa. Prior to the end of the 6-month period which she was granted at
    > the time of entry, we filed for extension of stay by additional 6
    > months, and as far as we know, INS is still processing her
    > application, so if we're lucky, we'll be able to start the greencard
    > process before she gets a decision regarding her application for
    > extension of stay.
    > Now a couple of questions:
    > 1) I guess it would be a good idea to bring the marriage certificate
    > to my interview, as my marital status has changed since becoming
    > permanent resident, correct?

I doubt that your marriage certificate is relevant to your naturalization
interview. But there is no harm in having the marriage certificate with
you.

    > 2) I've been told by a friend of mine that once I receive the
    > certificate of naturalization, we could file the application for a
    > greencard for her immediately, like for example on the next day after
    > the oath ceremony. Is it correct?

Yes.

    > 3) We will be submitting her application to San Francisco office, but
    > since she's now staying with her relatives in Boston for another month
    > or so, we figured out that she might find there a doctor approved by
    > INS, undergo all necessary examinations, tests etc. and get it done
    > there. Is it possible or the examination has to be done in SF area?

It's possible, but I would not recommend it. You would have to prove to INS
SF that the doctor is approved by INS. Since the exam takes such a short
time, I think it's better to be as straightforward as possible, and use a
doctor in the area of that INS district office. Also, are you sure that INS
SF wants the medical exam to be filed with the I-485? You should verify
this.

For example, INS LA does not want the medical exam filed with the I-485. It
wants the exam to be brought into the I-485 interview.

    > 4) I am also wondering if we should file the application on ourselves
    > or should we rather get a lawyer to do it for us? Someone mentioned
    > to me that INS might deny my wife's application because of so called
    > "immigrant intent". Is it very likely to happen?

It's possible. But if at least 60 days have passed between your wife's
filing Form I-539 (requesting the B-2 extension), and filing Form I-485, she
probably won't have a problem.

I would suggest that you at least have a good immigration attorney review
your whole I-130/I-485 package before filing it.

    > 5) At the time I was filling out the N400 form, I decided to have my
    > last name changed. When we got married she didn't take my last name so
    > she is using her maiden name. But once I become US citizen, she would
    > like to have her name changed so she could have the same last name as
    > me. I checked the I-485 form, but didn't see any option for name
    > change as on N-400 form.

If she wishes to have a name for which there is a legal basis, she can
simply indicate the desired last name on the I-485. Putting your
naturalization certificate and your marriage certificate together, there
should be a legal basis. If INS is not happy with that, she can do a legal
name change.

She does not have to change her passport before doing anything. The
passport is not relevant for this purpose. INS actually regards the birth
certificate as the primary document for determining last name (if she would
not be taking yours).

So I guess she should have her last name
    > changed first in our home country, get a passport with a new last name
    > and then we should file for a greencard for her so she could have the
    > same last name on the greencard as me. Is it the only way to do it, or
    > is there an easier way?
    > Also, are there any issues we may run into while dealing with INS?

It's hard to answer something like this. There are hundreds of little
quirks to the process. If you can think of specific things, maybe you can
bring them up. Here's a site, in case you haven't seen it:
http://www.kamya.com/aos/california.html.

Jerry_k

Sylvia,

Thank you very much for your reply. The link you sent provided me with
a lot of very useful info. Regarding the medical examination, I didn't
check it with SF office, but I'll certainly verify it prior to the
submission of all documents. Right now we're in process of gathering
all necessary information related to this complicated process.

Here's an update regarding my wife's extension of stay. We just got a
letter from INS requesting some additional info such ach proof of
foreign residency, return travel ticket, evidence of sufficient funds
etc. Basically they want to get all these info on or before May 15th,
2003. (We filed it by the end of last year asking for extension of
stay not related to our marriage). But the trickiest part of their
request is a statement that she intends to return.

My impression is that submitting such statement and then applying for
AOS could make things worse. So we figured out that maybe it's not a
best idea to send anything till we get some more information regarding
the date of oath ceremony (I have an interview in a couple of days).

I'm assuming the oath ceremony will be by the end of April and by that
time I should have my certificate of naturalization. Would 10 - 15
days be enough to submit all the paperwork related to my wife AOS?

Thanks,
Jerry_K


"Sylvia Ottemoeller" wrote in message news:...
    > "Jerry_K" wrote in message
    > news:[email protected]...
    >
    > > This is an expanded repost of my last message posted here last week.
    > >
    > > As you may know from my previous posts, my naturalization application
    > > is being processed by INS and I hope to become US citizen in 6-8
    > > weeks, assuming there will not be any delays or "unforeseen
    > > circumstances". So once the process is completed, I'd like to sponsor
    > > my wife for a green card.
    > >
    > > Here's the background: We have been married for over 2 years, and we
    > > got married in our home country, while I was visiting my wife. She
    > > finally joined me 8 months ago and she came to the US using a B-2
    > > visa. Prior to the end of the 6-month period which she was granted at
    > > the time of entry, we filed for extension of stay by additional 6
    > > months, and as far as we know, INS is still processing her
    > > application, so if we're lucky, we'll be able to start the greencard
    > > process before she gets a decision regarding her application for
    > > extension of stay.
    > >
    > > Now a couple of questions:
    > > 1) I guess it would be a good idea to bring the marriage certificate
    > > to my interview, as my marital status has changed since becoming
    > > permanent resident, correct?
    >
    > I doubt that your marriage certificate is relevant to your naturalization
    > interview. But there is no harm in having the marriage certificate with
    > you.
    >
    > > 2) I've been told by a friend of mine that once I receive the
    > > certificate of naturalization, we could file the application for a
    > > greencard for her immediately, like for example on the next day after
    > > the oath ceremony. Is it correct?
    >
    > Yes.
    >
    > > 3) We will be submitting her application to San Francisco office, but
    > > since she's now staying with her relatives in Boston for another month
    > > or so, we figured out that she might find there a doctor approved by
    > > INS, undergo all necessary examinations, tests etc. and get it done
    > > there. Is it possible or the examination has to be done in SF area?
    >
    > It's possible, but I would not recommend it. You would have to prove to INS
    > SF that the doctor is approved by INS. Since the exam takes such a short
    > time, I think it's better to be as straightforward as possible, and use a
    > doctor in the area of that INS district office. Also, are you sure that INS
    > SF wants the medical exam to be filed with the I-485? You should verify
    > this.
    >
    > For example, INS LA does not want the medical exam filed with the I-485. It
    > wants the exam to be brought into the I-485 interview.
    >
    > > 4) I am also wondering if we should file the application on ourselves
    > > or should we rather get a lawyer to do it for us? Someone mentioned
    > > to me that INS might deny my wife's application because of so called
    > > "immigrant intent". Is it very likely to happen?
    >
    > It's possible. But if at least 60 days have passed between your wife's
    > filing Form I-539 (requesting the B-2 extension), and filing Form I-485, she
    > probably won't have a problem.
    >
    > I would suggest that you at least have a good immigration attorney review
    > your whole I-130/I-485 package before filing it.
    >
    > > 5) At the time I was filling out the N400 form, I decided to have my
    > > last name changed. When we got married she didn't take my last name so
    > > she is using her maiden name. But once I become US citizen, she would
    > > like to have her name changed so she could have the same last name as
    > > me. I checked the I-485 form, but didn't see any option for name
    > > change as on N-400 form.
    >
    > If she wishes to have a name for which there is a legal basis, she can
    > simply indicate the desired last name on the I-485. Putting your
    > naturalization certificate and your marriage certificate together, there
    > should be a legal basis. If INS is not happy with that, she can do a legal
    > name change.
    >
    > She does not have to change her passport before doing anything. The
    > passport is not relevant for this purpose. INS actually regards the birth
    > certificate as the primary document for determining last name (if she would
    > not be taking yours).
    >
    > So I guess she should have her last name
    > > changed first in our home country, get a passport with a new last name
    > > and then we should file for a greencard for her so she could have the
    > > same last name on the greencard as me. Is it the only way to do it, or
    > > is there an easier way?
    > >
    > > Also, are there any issues we may run into while dealing with INS?
    >
    > It's hard to answer something like this. There are hundreds of little
    > quirks to the process. If you can think of specific things, maybe you can
    > bring them up. Here's a site, in case you haven't seen it:
    > http://www.kamya.com/aos/california.html.