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Andy H

Which Surname on I-130?

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My fiance and I are getting married on May 22nd and will be completing our I-130 soon after this and hopefully sending our pack away as soon as possible. My fiance will be the petitioner, when we complete the I-130 form should she use her current surname or my surname as we will be married? All her documentation, passport etc will still be in her current name.


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I was in the same situation and I left her current surname as is because all of my wife's documentation had that name. I was told that if you write your surname, it will create problems when you try to get police clearance certificate. Might want to check into that before filling it out.

Thanks


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If she's going to be taking your name, then use that.

You can send in a copy of her birth certificate with the I-130 application to prove her citizenship instead of her passport. She should still get the passport info changed, though. The name on her social security card, too. They both can be updated using an original marriage certificate.

I changed my name on those two before filing because it was important to me that any checks they did using my SSN came up in my married name, and the passport as both ID/citizenship status is convenient. That's one thing she can do while waiting for NOA2.

Maybe change the SSC right after you guys get married or on the same day you send in your I-130. Then the passport after that.

Being that she's the USC, she doesn't need to obtain any PCCs, but they will run checks on her. Changing the name on the SSC doesn't take but a few hours, and you can be sure they'll use the SSN in doing their background checks.

Good luck!

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I highly recommend you file all in her PASSPORT name.


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I ran into the same situation so I emailed USCIS and received a reply. Basically it's ok to use the married name but be sure to add the maiden name to OTHER NAMES USED section on the I-130 petition. I did not have to change my passport to reflect my married name either because the marriage certificate supports the fact that I am married. In Canada, I would have to reapply with my marriage certificate and pay the fee all over again in order to get a new passport. Not worth it on my end.

But if you WANT to be super super super cautious and ensure you don't have problems at the POE, then by all means, change the passport. Personally, I'm not worried because taking on a spouses' last name is not considered a LEGAL NAME CHANGE, so my birth certificate and marriage certificate should suffice in supporting why my passport is still valid when going to the USA.

Please see the email I sent to USCIS:

1. I haven't changed my Canadian ID, Social Insurance Number or Passport to reflect my new last name. I intend on doing this once I've immigrated. Can I used his last name (as seen on the Marriage Certificate that will be submitted) and then add my maiden name in the Other names used section? Or does the main name I use have to be reflected on my passport. I would prefer not having to reapply for a Canadian passport.

Their reply: You can use your married name and then in Others names used you can put your maiden name.

Emailing USCIS can take time to receive a reply (1-2 weeks) but it's worth it! They are so helpful.

All the best!

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My fiance and I are getting married on May 22nd and will be completing our I-130 soon after this and hopefully sending our pack away as soon as possible. My fiance will be the petitioner, when we complete the I-130 form should she use her current surname or my surname as we will be married? All her documentation, passport etc will still be in her current name.

Leave it to whatever the passport says. When you get married in the US, you will have the opportunity to legally change it.

Edited by Matthew G

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My fiance and I are getting married on May 22nd and will be completing our I-130 soon after this and hopefully sending our pack away as soon as possible. My fiance will be the petitioner, when we complete the I-130 form should she use her current surname or my surname as we will be married? All her documentation, passport etc will still be in her current name.

Use her current legal name at the time of petition filing. If her name changed at marriage.....


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