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Filed: H-1B Visa Country: Canada
Timeline
Posted

I recently married my USC wife and we plan to file for family based GC and AOS from my current H-1B.

She is starting the process to change her last name to mine. Should I wait until that is finalized before submitting the visa forms?

Or should we submit the forms now with an explanation in the cover letter stating that she is in the process of changing her last name?

I just want to get this over with ASAP but I don't want to have our application rejected because her name changed during the process.

Posted

USCIS as a federal institution recognizes the marriage cert. as a valid name change document. In their eyes, she has all she needs to change names. Perhaps in your state, there is a longer process, but for USCIS it's done (if she wants). Just fill out the forms in her married name. They get this all the time. Good luck.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: H-1B Visa Country: Canada
Timeline
Posted

USCIS as a federal institution recognizes the marriage cert. as a valid name change document. In their eyes, she has all she needs to change names. Perhaps in your state, there is a longer process, but for USCIS it's done (if she wants). Just fill out the forms in her married name. They get this all the time. Good luck.

I know she has all the docs needed to change her name, but the process of changing it is not yet complete (i.e. new SSN card, updating IRS info, DMV info, bank info, etc.).

I was just concerned about submitting the GC forms using her maiden name and the USCIS finding out her last name has since changed. Or vise versa: filing the GC forms using her married name and the USCIS finding her maiden name on record.

Just to be clear she is a US citizen. It is me, the husband, getting the green card with her as my sponsor.

I'd like to think that the USCIS workers could figure this out & handle it, but it seems like it a possible speed bump that is easily avoided by waiting for the name change to filter through everything first.

Posted

I submitted all the paperwork in my married name, the only thing I had saying that that was my last name was, my marriage certificate. While the visa was processing, after the visa was processed and approved, I changed my name on my drivers license, SS card, etc.

***Removing Conditions***

Submitted I-751: March 4, 2011

Check cashed: March 10, 2011

NOA1: March 8, 2011

Biometrics Appt: April 21, 2011

Early Bio Walk-in: April 7, 2011

Approved: September 7, 2011

 
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