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sunani

Maiden Name Vs Married Name

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Hello,

I am a US GC holder and am in the process of waiting for my wife's F2A category to become current (PD Dec 13, 2013).

We are both dual Canadian/Turkish citizens and got married in 2013 in Turkey upon which my wife took my last name.

When we applied for her I-130 we used the married name so her I-130 was approved with this name.

However her Canadian passport which she will be using through the process and all her other documents still have her maiden name. On the DS-260 and DS-261 forms it asks for the applicant's last name as it appears in the passport so is it ok if we use the maiden name when filing this out even though the I-130 was approved under her married name?

Thanks!

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Her passport should bear her married name since that's what you used in the i130.

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The visa will be issued same as the passport name. The GC will be issued same name as the visa.

If you insist on using her maiden name, and then you want to change it to married name once she's in the US, you will pay a fee of $400+ to USCIS to get a new green card (by filing i90). That fee is separate from the $165 immigrant fee (for GC production).

IMO, its easier to just get a new passport.

Good luck!

Edited by apple21

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Actually we don't want to change it to the married name, we would prefer to keep the maiden name. The reason the marriage certificate has the married name is because they never asked us when we were getting it and as is common in Turkey they just assumed she would be inheriting my last name. We only noticed it at the ceremony when the papers were presented to us.

Thus, if legally we are not obligated to use the married name and can keep continuing to use the maiden name which is in the passport that would be ideal. Just not sure if this would be an issue with the NVC.

Edited by sunani

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Actually we don't want to change it to the married name, we would prefer to keep the maiden name. The reason the marriage certificate has the married name is because they never asked us when we were getting it and as is common in Turkey they just assumed she would be inheriting my last name. We only noticed it at the ceremony when the papers were presented to us.

Thus, if legally we are not obligated to use the married name and can keep continuing to use the maiden name which is in the passport that would be ideal. Just not sure if this would be an issue with the NVC.

I dont think it is a problem. If you email them they can ammend the same. Understand that there is no obligation or a rule to change the name after marriage. If you have used a different name on I130 you can ammend the same or let Nvc know and they can update their systems.

My mom had a birth date incorrect and NVC fixed our error which was done 11 years ago during the filing of i-130. US they dont create fuss about such things.


Thank You

Anand

--------------------------------------------------------------

  1. Category F2A- India
  2. PD 12/30/2014 F2A 130
  3. Service Center: VSC
  4. 01/5/2015 : I-130 NOA1 -5th Jan 2015
  5. 8/27/2015: I-130 File transferred to CSC-27th Aug 2015
  6. 09/28/2015: I-130 NOA2 case approved-28th Sep 2015
  7. 10/23/2015: Requested USCIS to allow applicant to adjust Status in the US-Oct 23 2015 instead of Consular processing. Currently applicant on tourist visa B2- 10/23/2015
  8. 10/29/2015: USCIS Acceptance Confirmation Email for I485 765 131 Forms received-10/29/2015
  9. 11/3/2015: Received hard copies of NOA1 for i485 765 131
  10. 11/6/2015 Got Biometrics Appointment letter
  11. 11/17/2015 -Completed Biometrics
  12. 12/22/2015- Initial RFE for Birth Certificate- uscis asking to submit non availability BC.
  13. 01/03/2016- EAD/AP Card Approved.
  14. 01/05/2016- Received EAD/AP Card in Post
  15. 1/12/2016- Submitting Birth certificate

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Thanks for the responses. I talked to the NVC and they said it's fine if she uses her maiden name since that is what is on her passport and they have her maiden name on file as the secondary name anyways.

So no issues and no need to get a new passport with her married name.

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