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CHILLTOWN_JC

*** USE OF MARRIED NAME OR MAIDEN NAME ***

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Hello,

I have question regarding the Last Name usage on the petition I will be filing. I-130 (CR-1). I want to use my last name for petitioning for my wife. Only one problem exist. The marriage certificate has her maiden name. I called the notary where we got married and he explained that the marriage certificates issued will only state their maiden name next to her first name. I've seen other threads concerning married name vs maiden name but their marriage certificates state their married name. Will this cause any problems. for instance for latin americans we tend to use the following example as the married name.

Husband Name: John Franco

Wife Name: Janet Cabrera

Married name: Janet Cabrera de Franco.

Any response will be appreciated. thanks for your time.

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All marriage certificates only allow the maiden name... A woman can take a husband's name by convention upon marriage.

However, you will not be able to do your name in the Spanish context. You can only take the name in the US context...

i.e. in your case she can have her married name as Janet Cabrera Franco

You cannot add a 'de' as that would change the name in the US sense....


Knowledge itself is power - Sir Francis Bacon

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zyggy,

Why is that? Why couldn't someone of Spanish heritage change their name on the basis of marriage using their own cultural context? It wouldn't be typical, but I doubt there's anything in US family or immigration law that would disallow it. Whether the surname taken is Franco or deFranco, the origin is the same and plain to see.

If they married abroad and immigrated by a spousal immigrant visa or K3 with AOS, and the documentation were in the name deFranco, would that have to be changed to Franco in the USA?

Omitting the 'de' might make things a bit more plain and simple in the American environment, but I don't think its required.

Yodrak

All marriage certificates only allow the maiden name... A woman can take a husband's name by convention upon marriage.

However, you will not be able to do your name in the Spanish context. You can only take the name in the US context...

i.e. in your case she can have her married name as Janet Cabrera Franco

You cannot add a 'de' as that would change the name in the US sense....

Edited by Yodrak

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All marriage certificates only allow the maiden name... A woman can take a husband's name by convention upon marriage.

However, you will not be able to do your name in the Spanish context. You can only take the name in the US context...

i.e. in your case she can have her married name as Janet Cabrera Franco

You cannot add a 'de' as that would change the name in the US sense....

We included my wife's married name in our mariage certificate. I don't think USCIS, NVC, or Embassy will be picky about married name VS surname.


I-130 Timeline with USCIS:

It took 92 days for I-130 to get approved from the filing date

NVC Process of I-130:

It took 78 days to complete the NVC process

Interview Process at The U.S. Embassy

Interview took 223 days from the I-130 filing date. Immigrant Visa was issued right after the interview

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