Hello All! (I posted in the Asia section as well; but haven't receieved any replies; hence re-posting: PLEASE

My wife already has an Indian passport; we recently got married, and I am about to file I-130 for her.

Should we use her maiden name or my last name on all of our applications?

(She wants to use my last name in the longterm)

IF we use my last name as her NEW last name (married name), then she will need to get her passport updated for it, right? How long does that take in India (Chandigarh RPO)? and what is the procedure for that? Is it fairly simple, or a pain-in-the----

All of her professional documents are in her maiden name (obviously); is that an issue? (I guess not; women get married & in India, most take on their husband's last name.....)

My concern is with the processing of our case: what is the best route to take:

1. File ALL papers with her MARRIED name, AND change name on her passport
OR
2. File all papers with her MAIDEN name & leave same name on passport.

PLEASE

Joe

the visa will be in the name that is on the passport (at least it used to) so if her passport states her maiden name you should use that. As long as her name is not changed to yours, you should keep using her maiden name. And I am sure, you want to get started asap, so I would use her old name on the forms and all that.

I would use her madien name to make sure the process is speedy unless it won't take that long to get a new passport in her married name.

File the papers using her name. Marriage in and of itself does not change her name. If she wants to change her name, that is a specific legal process you would want to look into, including all ramifications.

In many US States, the woman's name change at marriage is nothing more than checking a box on a form. Then you have all the issues of changing identification, passports etc. Foreign marriages don't alway make it so simple for a woman to take her husband's name, even if she wants to.

So, again, use her official name. If it has been changed, officially, then complete the process by changing the name on her passport and any other identifying documents as appropriate.

Thanks Gemangel, BelwinMills & pushbrk!
We really would like my wife to use my last name, and have that everywhere, but if that will delay the process, I would not want to risk that.
In India, a very traditional society, almost all women take their husband's last name after marriage.... So, it is the norm there, rather than an exception. And I did not think there was any need for anything else to change her last name except her passport.
From the Indian passport agency's website, the requirements for getting the name changed are:

" ( CHANGE OF NAME

I. Following marriage, remarriage or divorce:

(a) A woman applying for change of name/surname in existing
passport due to marriage must furnish:

(i) Photocopy of the Husband's passport, if any, and

(ii) An attested copy of marriage certificate issued by Registrar of Marriage OR an affidavit from the husband and wife along with a joint photograph,
(Specimen at Annexure D)."

So, it seems pretty straightforward. But I honestly don't know how long the damn thing takes in India, and don't want the process to kill our application...

My concern is that if we don't change her name now, she will continue her maiden name for several years (until she gets her green card & SS#, and will then need to change it in all of them later). Might as well start with her new name and have the new name be the one used everywhere: her I-130, I 129F, --->green card, SS#, etc.....

Any suggestions???

Find out if changing the name in the passport is all it takes for a legal name change in India. If so, find out how long it takes. If you can get it done before you have to provide a passport or passport number, go for it. You can file with the name you are certain will be in her passport when the time comes, and show her maiden name as a maiden name.

If not, well you don't.

Found the below information from the India embassy website:

http://www.indianembassy.org/newsite/instructions.asp


ISSUE OF NEW PASSPORT

Application for a new passport can be made six months before date of expiry or within one year of the expiry of the passport. Requirements for issuing new passport are:
(a) Duly completed application form filled in BLOCK LETTERS in expanded form using black/blue ink only (see Application Form for an Indian Passport)
( Four latest identical passport size photographs depicting the applicant’s facial features against a light background;
© In cases, where the passport has already expired beyond a period of one year, the Applicant should submit an affidavit (see Annexure) and may have to appear personally before the Consular Officer;
(d) Two proofs of residence/mailing address in USA (photocopy of Driving license/ Lease agreement/ Utility Bills etc.);
(e) Alien Status (photocopy of US Visa/Green Card/ Work authorization card);
Current Passport;
(g) Proper Fee (see fee schedule for details)
(h) Applicants for a new passport or additional booklet are required to submit a photocopy of marriage certificate, in case, the name of their spouse have not been included in their respective passports.
If the application is found to be in order and no prior reference is required to be made to the original Passport Issuing Authority, a new passport will be issued within 5 working/business days from the date of receipt of the application.


Please note the underlined words..... Well it says, passport will be issued within 5 working days from the date of receipt so I think it will be sure wise to use your wife's married name in filling-out the I-130 form. It takes a month or more before u get an approval anyway so by the time you get approved your wife will sure have her new passport on her married name. Changing her passport now will get you out of trouble changing everything into her new married name.

Thanks a million luvbugs4ever!
I had seen that but this is for the Indian consulate in the US. I am NOT sure what the timeline is in India (things often take much linger in India then here in the US; the Indian consulate is far more efficient than their counterparts back home...)
I did see it posted somewhere in this forum that it took someone only 6 days, and while I sincerely hope & pray thats all it takes, I have a hunch it probably takes much longer....

Anyone have any ideas, how LONG does it take for the name change on Indian passport after marriage???

Thanks again luvbugs4ever!!
Joe

Thanks pushbrk.
Amen, that is exactly what I am trying to find out: how painless or painful (quick or SLOOOOOOOOOOOW) it will be to get her name changed on her passport in India..... Based on that, shall decide...
Quickie though: Anyone know, if there are ANY other requirements for a woman to get her last name changed in India AFTER marriage, apart from the marriage certificate??
(It is the norm for Indian women to use their husband's last name after marriage: and I do NOT see newspapers full of legal notices of last name changes of women....)
Thanks again,
Joe

why u want to take on unnecessary troubles
when she will get her visa in her maiden name
all that will again require to show firm proofs of her stay in dehli
like voters card , drivers license from delhi , ration card , pan card , bank accounts from the place where she needs her passport to be issued in your case delhi
again the passport clearance certifi will take time for the new passport despite of the new passport getting issued in the married name in 7 -14 days ,
it is just not known the time needded for her to get the new passport clearance for the new issued passport .


(eg suppose her maiden name was richa khanna and her married name is richa vallejo)
she can mention in her application as

u can always mention the applicant name in your wifes case as

richa vallejo nee khanna

people do this way who have there passport in maiden name and they dont have any problems ,

Mala,
Your point is very well taken, and indeed I do not want to complicate things.
I was just trying to explore IF it was possible to get her name changed on her passport easily, THEN we shall go that route, so I don't have to change her name when she comes here...
IF however the process in India is going to be a painful one, then we wil keep her maiden name on all papers for now & change the name later when she comes here...
Thanks a milllion...
Joe