Biometric Appointment Issues. Help!

[njrichardson 0]

We had our appointment for my non U.S. Citizen husband to get his biometrics done today. We run into the issue that he took my (U.S citizen) last name . Now, we know it is customary for the wife to take the husbands name in the United States. But we've run into this issue many times before when trying to get a bank account. It just mind boggles people when the husband takes on the wife's name, so it seems. In which nothing should be different as far as what each has to go thru with this process. But we are treated different.

The issue is that when we got to the appointment, he had to fill out a paper with his name, alien number, receipt number, etc. He initially put his married name (my last name) in his "current name" blank (which was the same last name on the biometrics appointment letter that he received from the USCIS) and his other birth last name when it asked for "other names used" blank. After my husband finishes the form, the cranky old man who was the guard/admin, asks for his passport and the letter. After he sees that the name on his passport is different from the name on the letter, he sighed and said that he would have to ask another lady about it, making it seem like it would be an issue. The lady calls us into the office saying that we will need proof that his married last name is originated from me (U.S. citizen) since the names on either items didn't match. She said we would need the marriage certificate, or drivers license, state I.D...in which I don't suppose she is too familiar with the process, because I don't know if it is different anywhere else, but in Texas, you cannot get a drivers license or state I.D without the EAD card. After we explain that to her she said that we would have to come back another day with the marriage certificate and then told us it was customary that the wife takes on the husbands name (we were both thinking "really? no sh*t" -- sorry but this is just really frustrating after having to drive over 100 miles for nothing).

We were told that we could come back within 30 days and walk in to finish the appointment. Though we plan to go back tomorrow, has anyone else's husband taken on the wife's name? Or what other proof besides the state I.D/drivers license, and marriage certificate can we do/use to show that he took on my last name (they didn't even ask for his social security card with his new married name on it...we are finding not even that is enough anymore). Can anyone who maybe have had a similar situation shed light on what we are looking at for the future with the difference of him having my last name?

Thank you in advance.

[Nich-Nick 3,354]

We don't have your situation because we each kept our previous names. But women who take their husband's names after marriage are often asked to show the marriage certificate as proof of a name change when their new USCIS documents don't match their passport (photo id). You should also carry the marriage certificate when you travel internationally (later) to explain the different names on the passport and greencard until his passport expires and he renews it in his married name.

[Harpa Timsah 13,258]

There was a similar case I saw last year. In their state, both parties could change their name on the marriage certificate, but USCIS wouldn't accept it (though they do for women). The husband had a hard time and had to get a court order about the name and some other legal stuff. I will search and if I find something, I will post here. You will need to provide proof of name change and carry the marriage cert for a while (and possibly other proof), as the PP suggests. Best of luck.

Edit: Found it http://www.visajourney.com/forums/topic/276025-uscis-wont-recognize-name-change-state-of-mn/

Edited April 8, 2011 by Harpa Timsah