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My wife changed her name when we married, Her passport still has her maiden name. All the paperwork we have been doing uses her married name. Will that pose any problems for us come interview or NVC review? It is too late in the process to get a new passport because it has to be at least 6 months old. Is there something we should be doing in lieu of this issue?

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She can get a new passport ofcourse. The 6month remaining validity is for travel purposes. If she continues to use the maiden passport then her visa will be in the maiden name too because they follow the name in the passport. If visa is maiden name, the GC will be maiden name as well. All 3 must have same names: passport = visa = GC

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Get new passport

http://travel.state.gov/content/visas/english/immigrate/immigrant-process/interview/applicant_interview.html

"...Passport – For each applicant, an unexpired passport valid for six months beyond the intended date of entry into the United States"



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Visa in passport name, green card in visa name.

The passport doesn't need to be 6 months old, it needs 6 months left on it.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Get an updated passport for your wife with the married name. If your wife plans on using her married name in the US it will make it much easier instead of having to go through the hassle of name change.


Feb 24, 2014 We got married in the Philippines
Aug 12, 2014 Returned to USA after staying 6 months in the Philippines

Petition for my wife
USCIS
Sep 30, 2014 Mailed I-130 Pagkage @ Norco, CA
Oct 01, 2014 Received @ Phoenix, AZ Lockbox
Oct 06, 2014 USCIS E-notification
Oct 07, 2014 Check Cashed
Oct 09, 2014 NOA1 Received
Oct 30, 2014 NOA2 Received (Oct 26 Notice Date)

NVC
Nov 18, 2014 NVC Received Case
Dec 16, 2014 NVC Welcome Letter E-mail Received (Including Case Number & IIN)
Dec 16, 2014 DS-261 Submitted
Dec 17, 2014 Affidavit of Support Invoice Received
Dec 18, 2014 Affidavit of Support Invoice Paid
Dec 21, 2014 Mailed AOS and IV Package
Jan 14, 2015 Immigrant Visa Invoice Received
Jan 14, 2015 Immigrant Visa Invoice Paid
Jan 24, 2015 DS-260 Submitted
Mar 04, 2015 Case Complete
Mar 09, 2015 Interview Scheduled E-mail Received

US Embassy
Mar 20, 2015 Medical Exam
Mar 23, 2015 Medical Results Received
Apr 15, 2015 Interview - Visa Approved
Apr 18, 2015 Visa Delivered

USA
May 17, 2015 Point of Entry - Los Angeles
May 26, 2015 Social Security Card Received
Jun 23, 2015 Permanent Resident Card Received *** Removal of Conditions Apr 22, 2017 Mailed I-751 package from Norco, CA to California Service Center *** May 8, 2017 Check Cashed *** May 8, 2017 NOA Received

Petition for my step-son
USCIS Dec 30, 2015 Mailed I-130 package from Norco, CA *** Jan 04, 2016 Received @ Phoenix, AZ Lockbox *** Jan 06, 2016 USCIS E-notification *** Jan 07, 2016 Check Cashed *** Jan 11, 2016 NOA1 Received *** Feb 10, 2016 NOA2 Received (Feb 03 Notice Date) *** NVC Mar 05, 2016 NVC Welcome Letter Received (Including Case Number & IIN) *** Mar 17, 2016 DS-261 Submitted *** Apr 01, 2016 Immigrant Visa Invoice Received *** Apr 1, 2016 Affidavit of Support Invoice Paid *** Apr 01, 2016 Immigrant Visa Invoice Paid *** Jun 8, 2016 DS-260 Submitted *** Jun 11, 2016 Mailed AOS and IV Package *** Jul 22, 2016 Case Complete *** Aug 5, 2016 Interview Scheduled E-mail Received *** US Embassy Oct 17, 2016 Medical Exam *** Oct 19, 2016 Medical Results Received *** October 28, 2016 Interview *** Nov 3, 2016 Visa Delivered *** USA Mar 27, 2017 Point of Entry - Los Angeles *** Apr 21, 2017 Permanent Resident Card Received *** Apr 21, 2017 Social Security Card Requested (USCIS didn't process)

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Well would it be a problem to just use the maiden passport? She's about to send me the birth, marriage, and certificate of no judicial... It will take a while for me to get her the $ for the new passport. It will delay my IV package considerably. What can I do will that cause a problem if I filled the paperwork with married name because that's what's on all her paperwork including cedula, marriage?

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How did she change her name? Was it just her deciding my name will now be this or did she have it officially changed? I don't know your country specifics but in Sweden, when I officially changed my name to my husband's, I had to get a new driver's license, passport etc and the Swedish register, including the tax office, was updated to my new name. Having it officially changed means that her old name cease to exist, there is no person named that anymore. So yeah, I definitely think that if she has changed her name officially, then you need to get her a new passport. If it's changed unofficially, she can always change her name in the US for a fee, but that means getting a name change on the green card, her passport, her social security card, her US driver's license. Seems much easier and cost efficient to change it prior to her green card being issued.


Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

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How did she change her name? Was it just her deciding my name will now be this or did she have it officially changed? I don't know your country specifics but in Sweden, when I officially changed my name to my husband's, I had to get a new driver's license, passport etc and the Swedish register, including the tax office, was updated to my new name. Having it officially changed means that her old name cease to exist, there is no person named that anymore. So yeah, I definitely think that if she has changed her name officially, then you need to get her a new passport. If it's changed unofficially, she can always change her name in the US for a fee, but that means getting a name change on the green card, her passport, her social security card, her US driver's license. Seems much easier and cost efficient to change it prior to her green card being issued.

Your maiden name should not change so the person you were does not cease to exist unless a country requires you to change your birth certificate after marriage. While it is different in each country, and can differ even within that country, the US recognizes name changes for a married woman and doesn't require a birth certificate change. A married woman can change her name back to her maiden name at any time. Often her maiden name will be on the marriage certificate because that is who she is at the time of the marriage.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Well would it be a problem to just use the maiden passport? She's about to send me the birth, marriage, and certificate of no judicial... It will take a while for me to get her the $ for the new passport. It will delay my IV package considerably. What can I do will that cause a problem if I filled the paperwork with married name because that's what's on all her paperwork including cedula, marriage?

You do not need to delay the IV package. The passport should be new by interview. However, she can certainly use her current passport, but her green card will be in her maiden, not married, name.

It's $450 to change the green card after arrival (or you can do it at ROC.) You can get everything else with a married name with the marriage certificate once in the USA but any travel outside the US would mean booking in passport name. Changing the green card but not her passport would mean travelling with her marriage certificate when going outside the USA.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Your maiden name should not change so the person you were does not cease to exist unless a country requires you to change your birth certificate after marriage. While it is different in each country, and can differ even within that country, the US recognizes name changes for a married woman and doesn't require a birth certificate change. A married woman can change her name back to her maiden name at any time. Often her maiden name will be on the marriage certificate because that is who she is at the time of the marriage.

It is very different from country to country then. In Sweden, and I think in Scandinavia as a whole, a citizen has to report to the Country Register that they want to get married and what name they are using as married. We don't have birth certificates or marriage certificates, it's all electronic with the Swedish register. And once a change has been made in the register, it's automatically changes everywhere else like the tax office, the citizen's bank, rental apartment, ownership of house.... It all changes to the new name. Plus we automatically get a letter from the passport authorities and DMV saying we need to come in to get a new passport and driver's license in our new name. We cannot travel with our old passport because it will come up as expired when scanned at a port of entry.

Very interesting to hear how different it is in different countries. OP, it's probably best that you contact the passport authorities in the issuing country to get the specifics in that country.


Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

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I hope its not the case that I'd need to have my wife get a new passport. From what I understood when I was initially filing at USCIS, both names are included on the form I-130, and they are able to cross-reference from that. I'll have to see if I can find the previous posts, but from what I gathered, going this route saved us from having to pay the fee for the name change in the US.

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How much time is left on her current passport? If it is new and has close to 10 years before expiring, then maybe renewing it is a waste of money. If it is going to expire in the next two or three years, or at least before she is eligible for USC, you might want to go ahead and renew it now. If you decide to not change her last name now, she will have the GC in her maiden name. It will be hard to get her DL and any ID in the US in her married name. You will have to wait until you file for removal of conditions (ROC) before you can get the GC in the married name. So she will have to live with the maiden name for a couple of years until she gets and offical document in her married name. Some places will accept the Marriage Certificate as a means to change the last name, but it is much easier with an official government issued ID. How much and how long does a new passport take from the DR? I would submit your application for the visa with the Embassy and also submit a passport renewal for your wife. I bet the passport is ready before she has an interview.

If she really wants to use your last name, why not start using it now? It will not cause any problems with immigration. Her visa wil be issued with the same name as the passport it is placed into. You MAY be able to get teh GC name changed to her married name before it is issued, but that is hit and miss. She will have her GC issued in the name the visa was issued in. Now she is in the US with her maiden name on her passport and her GC. If she wants any ID in the US in her married name, she will have to find someone willing to use the Marriage Certificate as proof. If that Marriage Certificate is not from the US it wil be much, much hard to get her name changed until she has an offical governmentdocumnet showing her new name.

Dave

Edited by Dave&Roza

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I hope its not the case that I'd need to have my wife get a new passport. From what I understood when I was initially filing at USCIS, both names are included on the form I-130, and they are able to cross-reference from that. I'll have to see if I can find the previous posts, but from what I gathered, going this route saved us from having to pay the fee for the name change in the US.

Nope. For adjustment of status you would be okay but that is not the case here.

Visa in passport name

green card in visa name

You can change the passport now

or

you can change the green card after arrival

or

you can wait for removal of conditions and change the green card at that time


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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I was just about to fill out the DS260 when they asked about her passport but since we decided on getting a new passport with the married name I decided to hold off I don't want to cause any type of checklist I will just fill it out save and not submit until we get the new passport. What do you all think?

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