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Name change after marriage, old name in passports?


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First off, I have just begun my search for information regarding DCF here in Brazil. Thank you to all of you for sharing your knowledge.

I have a question thatI could not find an answer to using the search, but perhaps I am searching the wrong thing. I am a USC, married to a Brazilian in June of 2008. We have decided that we would like to move to the US.

When we married, I took my husband's last name (just tacked it onto my maiden name) and being the radical, my husband took my maiden name (he just tacked it onto his). So now we both have new names. Here in Brazil, he had to change all of his documents - ID card, CPF, etc. However, we have not changed his passport yet, as this was looking like it would take 4-5 months, and we had planned to visit the US over the holidays, and were working on his tourist visa. We went through the SP Consulate for the tourist visa, and we were told that we didn't have to change his passport, as his current one was still valid through 2013. We applied using his "maiden" name, and were told to translate the marriage certificate, showing the new names, in case there were any questions. The tourist visa was issued in his old name.

However, now that we are going to start the I-130 process, I want to be sure that we can continue to use the old passport or if we need to get his name changed for this process. I sent an email to the Rio Consulate, and got an impersonal response with a website that does not answer the question as to whether we need to change the passport.

So, my question, after this rambling, has anyone else experienced this? Can we continue to use the current passport that DOES NOT reflect his name change after marriage? Any ideas?

Thanks so much!

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Filed: Other Country: Denmark

I dont know about other places, but here in Denmark, they specifically said the name on the application had to match the name on my passport. Since I was applying in my married name, I just went to the embassy and had a new passport issued. I guess you just need to use the name on the application that is on the passport.

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When I did DCF in Australia the Consulate allowed me to apply using my married name, despite the fact that I was still legally known by my maiden name there and had all my ID (passport, bank accounts, etc) in my maiden name.

I still haven't changed the name in my Australian passport yet and I don't really plan on doing it until closer to it's expiration date. My visa was issued in my married name with an annotation to my maiden name down the bottom so that immigration would know I was the same person.

DCF Timeline here

POE Timeline

08/24/2008 POE Seattle

08/29/2008 SSN assigned

09/08/2008 SSN (Card) received

09/29/2008 Green Card received

I-90 Timeline (USCIS error)

11/10/2008 Send I-90 to Texas service center

12/xx/2008 NOA1

01/07/2009 Card production ordered

01/14/2009 Card mailed

01/xx/2009 Card received

I-751 Timeline

06/02/2010 Send I-751 to California service center

06/04/2010 Received at CSC

06/07/2010 NOA1

06/09/2010 Check cashed

07/27/2010 Biometrics

07/28/2010 Touch

09/02/2010 Approved

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