Published on Lawyers.com and the Epoch Times on August 12, 2016

Q & A 1. 2. 3. 4.

Q&A 1.

Do You Have to Re-file Paperwork After Marriage to Change Your Last Name or Is There a Different Way?

Me and my fiancé wants to get married but she has already filed her paperwork for the year. She is in the process of getting political asylum. She wants to take my last name.

Mr. Lee answers:

The federal government recognizes that a wife can take the last name of her husband and the marriage certificate is a sufficient document for that purpose. She can take the documents to whichever agency that she wants notified of the name change in order that such can be registered. Each agency may have its own procedures as to what paperwork it needs filled out. 

Q&A 2.

H-1B to F-1?

I just finished the maximum amount of time on my H-1B in May 6.5 years with recapture and now I am applying for my F-1 in India. I have a visa appointment on Monday. I have been accepted to a top 20 program in statistics at Penn State. I didn't want to apply sooner because I didn't have enough valuable work experience. This program is only a year long and I will return next year after it is done. I really want to get a degree from America because it will help me secure an even better job in India and support my Mom and Dad. Do you think that it is possible to get an F1 visa even after I have had so many years under my belt with H1B? I know the interviewer will be suspicious on my intent to immigrate but I truly do not want to stay here as my family needs me in India.

Mr. Lee answers:

It may be difficult to convince an American consular officer to issue the F-1 visa to you so soon after you spent such a long time on H-1B status in the U. S. You are correct that the interviewer will be suspicious that you have no intention to truly return home. You can bring whatever documentation that you believe is appropriate to convince the officer that you have nonimmigrant intent, such as proof of your ties and bonds familially and economically with the homeland. 

Q&A 3.

My Wife Asked Me for a Divorce the Same Day She Was Approved for a CR1 Visa. What Are My Options?

She picked up her passport and visa and returned to Minsk. She said she did not love me and admitted there is another man. Can she enter the US now anyway? Can I withdraw my petition? Can her visa be revoked? I was completely blindsided by her decision.

Mr. Lee answers:

I assume by your facts that your wife either entered the country with the CR-1 visa or she was adjusted to permanent residence through an I-485 process to CR-1. She has the right to travel in and out of the country if she has the approval. If you believe yourself wronged, you can lodge a complaint with the Department of Homeland Security which can begin investigating the situation to see whether revocation or removal proceedings should begin. 

Q&A 4.

Will I Be Able to Enter the U.S. Via Port of Entry Without a Physical I-797 Approval Notice?

I filled an I-129 O-1B visa application for an opera singer on my company's roster. The application was delayed because USCIS sent it from one office to another without notifying me. Thankfully, the visa was just approved, but they will not email or fax the approval notice to me to forward to my singer. She is Canadian and always enters the U.S. via port of entry. Can she still enter if she has the approved receipt # but not the physical I-797 notice?

Mr. Lee answers:

Your singer might find it not so advisable to try to enter the U. S. without a physical I-797 approval notice. Immigration was split into 3 agencies in 2003, U.S.C.I.S., ICE, and CBP. The information on each agency’s database is different, does not necessarily have the information of the other agencies, and your singer may find herself stuck at the port of entry, which can at the very least be a very uncomfortable experience. 

Copyright © 2003-2017 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.