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Posted

Hello All.

My 2 year GC expires in 3 months so we are in the process of filling-out paperwork for the removal of conditions.

My wife and I are a bit confused on how to file the i-751.

Here's the situation:

When we filed to get the 2 year GC, all paperwork (i-485, etc) submitted to USCIS had my wife's new lastname (my lastname). However, she decided to keep her maiden name because she didn't want to go through the hassle of changing her name on everything, like her credit cards, bank accounts, etc. So to keep it short, all documents (insurance, bank accounts, credit cards, etc.) in the 2 year-period have both our names but had her maiden name before we got married.

Our question is : Will this be an issue when we file for i-751, or should we go ahead and send in the application with her maiden name anyway?

Any advice or insight would be greatly appreciated.

Thanks,

Mr. and Mrs. Confused :-)

Filed: AOS (apr) Country: Philippines
Timeline
Posted

as of my understanding, everything such as bank statements,incometaxes, etc must be in both of your names. if not, you will have problems of getting your 10 year greencard. i had already contacted uscis and i ask them questions and they told me that everything should be in both of your names. i hope this was hopeful to you. best of luck. get everything in both names a.s.a.p.

Filed: Citizen (apr) Country: Australia
Timeline
Posted

I would file in her maiden name BUT you should be aware of a possible issue. Normally when you change your name you can't change it without some sort of name change document showing the "path to name change". For your wife that's her birth certificate and then she showed her marriage cert to change her name. She normally then wouldn't be able to show her birth cert again to show the change back because she's already born... so normally it would be a deed pool or divorce type situation... to create the "path".

What works well in her favour is that she only changed USCIS and maybe they'll let it slide that she wants to revert to maiden name, and she has all this other proof showing she didn't want to. Worst case scenario they deny the change and it stays in her married name, best case scenario they change it back... won't know until you try.

They won't deny her ROC for it or anything, they just might deny the name change itself... You'll just have to see what happens.

as of my understanding, everything such as bank statements,incometaxes, etc must be in both of your names. if not, you will have problems of getting your 10 year greencard. i had already contacted uscis and i ask them questions and they told me that everything should be in both of your names. i hope this was hopeful to you. best of luck. get everything in both names a.s.a.p.

You misunderstand. The stuff IS in both of "their" names but she has kept her maiden name on all documents (except her GC) because she doesn't want to change her name. theyre asking whether changing the GC back to maiden name will be an issue.

Posted

as of my understanding, everything such as bank statements,incometaxes, etc must be in both of your names. if not, you will have problems of getting your 10 year greencard. i had already contacted uscis and i ask them questions and they told me that everything should be in both of your names. i hope this was hopeful to you. best of luck. get everything in both names a.s.a.p.

Hello there.

Everything is both under our names, except that

1. I am the one being sponsored (husband)

2. The information submitted prior, which appears on all the application forms, like the I-485, has my wife using my last name

3. My wife, not understanding the consequences that it would bring later, decided to use her maiden name after the fact, because she said it would be a pain to deal with changing names on her banks, credit cards, etc.

4. So now we have 2 years worth of documents both under our names but she has her maiden name on there, which isn't the same name that was used my previous paperwork.

Thanks.

I would file in her maiden name BUT you should be aware of a possible issue. Normally when you change your name you can't change it without some sort of name change document showing the "path to name change". For your wife that's her birth certificate and then she showed her marriage cert to change her name. She normally then wouldn't be able to show her birth cert again to show the change back because she's already born... so normally it would be a deed pool or divorce type situation... to create the "path".

What works well in her favour is that she only changed USCIS and maybe they'll let it slide that she wants to revert to maiden name, and she has all this other proof showing she didn't want to. Worst case scenario they deny the change and it stays in her married name, best case scenario they change it back... won't know until you try.

They won't deny her ROC for it or anything, they just might deny the name change itself... You'll just have to see what happens.

You misunderstand. The stuff IS in both of "their" names but she has kept her maiden name on all documents (except her GC) because she doesn't want to change her name. theyre asking whether changing the GC back to maiden name will be an issue.

Hello there.

Everything is both under our names, except that

1. I am the one being sponsored (husband)

2. The information submitted prior, which appears on all the application forms, like the I-485, has my wife using my last name

3. My wife, not understanding the consequences that it would bring later, decided to use her maiden name after the fact, because she said it would be a pain to deal with changing names on her banks, credit cards, etc.

4. So now we have 2 years worth of documents both under our names but she has her maiden name on there, which isn't the same name that was used my previous paperwork.

Thanks.

Posted (edited)

The way I read it SHE doesn't have a GC it is the OP that is filing for ROC. When they initially filed for AOS the wife (petitioner) put her new married name on the forms but since has decided not to change her name and wants to put her maiden name on the ROC forms.

My question is when you actually got married and you filled out the forms what did she put then? If she put on those papers that she wanted to take on your name the change has already occurred.

I would think it would look odd to an IO that at one point she was known by your last name and now has reverted back to her own. If you have a marriage certificate that shows her name change to your name I would have her fill the forms out with your name regardless of what other documents have her maiden name on it.

But I honestly couldn't tell you if this is the correct answer or not. Hopefully someone else will be able to.

*EDIT* He posted before I could!!

I honestly think it will be fine sometimes it takes people YEARS to finally get around to changing their names on things like that. More often than not they wait until an update is required or a new card needs to be issued etc. But I would still put her married name on the form if that is what your Marreiage Certificate states

Edited by Aloe

11/18/08 - Arrived in U.S. on B2 visa

02/05/09 - Extended return plane ticket to stay for an extra 3 months

04/23/09 - Decided we didn't want to be apart even though we extended the stay and got married!

04/30/09 - Sent I-130/I-485/I-765 from B2 (no I-693 as it is not yet complete.)

05/03/09 - Received email form USPS stating that package had arrived safely and was signed for!

05/11/09 - Received NOA1's for I-130/I-485/I-765

05/16/09 - Received Biometrics Appointment

05/30/09 - Received a CRAZY amount of RFE's that were dated 05/21/09

06/01/09 - Biometrics Appointment Scheduled. In and out in 10 minutes!! Sent off RFE information (Should arrive in MO on Wed.)

06/03/09 - USCIS received RFE response

07/23/09 - I called to have a service request put in

07/24/09 - I-765 Touched (FINALLY)

07/25/09 - I-765 CARD PRODUCTION ORDERED!!!!!!!! (About time!)

08/03/09 - EAD card came in the mail WOOHOO!!!

08/07/09 - Interview letter arrived

09/02/09 - Interview Date

09/07/09 - I think this is the day I received my Green Card.. Can't quite remember anymore.

Removal Of Conditions

08/03/11 - WOW it's already been TWO years! Sent ROC package to VSC.

08/05/11 - NOA1 date which arrived 8/10/2011

09/02/11 - Bio Appointment the notice was dated 8/12/11

Posted

The way I read it SHE doesn't have a GC it is the OP that is filing for ROC. When they initially filed for AOS the wife (petitioner) put her new married name on the forms but since has decided not to change her name and wants to put her maiden name on the ROC forms.

My question is when you actually got married and you filled out the forms what did she put then? If she put on those papers that she wanted to take on your name the change has already occurred.

I would think it would look odd to an IO that at one point she was known by your last name and now has reverted back to her own. If you have a marriage certificate that shows her name change to your name I would have her fill the forms out with your name regardless of what other documents have her maiden name on it.

But I honestly couldn't tell you if this is the correct answer or not. Hopefully someone else will be able to.

*EDIT* He posted before I could!!

I honestly think it will be fine sometimes it takes people YEARS to finally get around to changing their names on things like that. More often than not they wait until an update is required or a new card needs to be issued etc. But I would still put her married name on the form if that is what your Marreiage Certificate states

Hi Aloe,

Thanks for the reply.

I think that we should be fine. I told my wife we can put either, but to make things consistent, I would put the same name she has used on all the supporting documents we have. That way it won't be as confusing to the reviewing officer. We don't need to add more confusion. This is what I have suggested but I guess she wants to hear other people's opinion and to find out if there's anyone out there with the same experience.

Mr. Confused

 
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