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Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

hi,

I just got married, and I am planning to file I-130 next week. I came across this website just recently, and it's a great resource. I have read the guide on "how do i bring my spouse...." but had one question....

my wife hasn't applied for a change of name in India and she has her passport in her maiden name.

Do I use her passport(maiden name) on the form or use her "new" name?

In future, there won't be any problem with visa or anything like that if she uses her married name to file and not her passport (maiden) name?

Thank you for your help.

Filed: Citizen (apr) Country: Canada
Timeline
Posted

The visa and green card will be issued in the name in the passport. If she wants to use her married name she has to have the married name in the passport before the interview.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Filed: Citizen (apr) Country: Canada
Timeline
Posted

So then it's better to not put the married name in the form and just go with the maiden name on the I-130? Since, if I want to put her married name on the form, she also has to have it on the passport...right?

Correct but if she intends on changing the passport before the interview might as well put it on the forms now. Really up to you guys and what you choose to do. Just know the visa and green card will be issued in whatever name is on the passport because they cannot issue it in any other name than what is on the passport.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

Just know the visa and green card will be issued in whatever name is on the passport because they cannot issue it in any other name than what is on the passport.

Inky is right, which is why I decided to wait for my name change. the visa and green card will be issued for my husband. i feel comfortable not changing my name right now.

Filed: Citizen (apr) Country: Canada
Timeline
Posted

thanks for your help.

If she wants to change her name once she arrives in US, after the green card and social security is issued, it's an easy process?

Changing the name on the green card will cost extra. If she gets a 2 year card - sit with it for 2 years and then change the name on the ROC application to the married name. Unless you are ok with shelling out another 400$ ish when she arrives to the USA to get her green card fixed then another 600$ in 2 years for ROC.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

  • 2 weeks later...
Filed: Timeline
Posted

The visa and green card will be issued in the name in the passport. If she wants to use her married name she has to have the married name in the passport before the interview.

that's not true. the marriage certificate gives you the right, to take your spouses name. even when your other passport is in your maiden name. I did the same thing and just applied the greencard in my married name without changing my passport. it's saves you paperwork to do it like that and money!

Posted

that's not true. the marriage certificate gives you the right, to take your spouses name. even when your other passport is in your maiden name. I did the same thing and just applied the greencard in my married name without changing my passport. it's saves you paperwork to do it like that and money!

Do you physically have your green card & visa in your hand and does it show a different name other than what is in your passport?

As Inky previously said - the visa will be issued in whatever name is in the passport. Taking your spouse name is a completely different subject.

USCIS

07-20-2010: I-130 package mailed.

07-22-2010: I-130 Package Received - Priority Date.

07-29-2010: Received text & email from USCIS - Notice Date.

07-30-2010: Check Cashed by USCIS.

08-02-2010: Received NOA1 hard copy.

08-02,04,05: Touched.

09-28-2010: Received text & email - petition approved.

10-04-2010: Received NOA2 hard copy.

NVC

10-13-2010: NVC Case# Received (after calling).

10-15-2010: Emailed DS-3032 to NVC.

10-16-2020: Received the DS-3032 package, IIN number & AOS bill via email.

10-22-2010: Paid AOS bill ($88) - showing IN PROCESS

10-25-2010: AOS fee PAID.

10-27-2010: Express Mail AOS Package.

10-27-2010: Paid IV bill - showing IN PROCESS.

10-28-2010: AOS package delivered.

10-28-2010: IV fee PAID.

10-29-2010: Express Mail IV package.

11-01-2010: IV package delivered.

11-08-2010: AOS packages entered into NVC system.

11-15-2010: IV package entered into NVC system.

11-23-2010: SIF.

11-24-2010: Case Complete.

CONSULATE

12-21-2010: Medical at SLMC - Passed

12-22-2010: Immunization at SLMC

01-04-2011: Interview @USEM ~ Approval

OTHER

02-05-2011: POE at JFK

N-400

05-01-2017: N-400 Sent

05-09-2017: Case accepted

05-15-2017: Biometric appointment scheduled

05-30-2017: Biometric

06-05-2017: Inline for interview

08-15-2017: Interview scheduled

09-19-2017: Interview (approved).

01-19-2018: Oath Ceremony

Filed: Timeline
Posted (edited)

Do you physically have your green card & visa in your hand and does it show a different name other than what is in your passport?

As Inky previously said - the visa will be issued in whatever name is in the passport. Taking your spouse name is a completely different subject.

yes, I got my GC 2 months ago and it has my married last name on it & my passport has my maiden name. so it's not right. your married name CAN be on your visa / GC, if it is a spouse visa & not a fiancé! your passport does not have to state your married name. you can even keep your old passport with your name and travel with it. you just have to make sure to have a copy of the marriage certificate ready with your GC on the border.

I got even asked, which name I wanted to have. when you get married, you have the right to take your husbands name. in the US there is a total different "name right". as soon as you did say : yes, I do. you have the right to use your married new name, also on applications & the greencard. you do need to present evidence, why you do that. and this will be the marriage certificate.

Edited by AF-Wife
Posted

yes, I got my GC 2 months ago and it has my married last name on it & my passport has my maiden name. so it's not right. your married name CAN be on your visa / GC, if it is a spouse visa & not a fiancé! your passport does not have to state your married name. you can even keep your old passport with your name and travel with it. you just have to make sure to have a copy of the marriage certificate ready with your GC on the border.

I got even asked, which name I wanted to have. when you get married, you have the right to take your husbands name. in the US there is a total different "name right". as soon as you did say : yes, I do. you have the right to use your married new name, also on applications & the greencard. you do need to present evidence, why you do that. and this will be the marriage certificate.

No one is disputing that you cannot use your husband name; it is your choice what name you want to use - maiden or married name.

Also it have already been said countless time to travel with your MC if there is a discrepancy in the names - GC, Passport, etc,.

One more question, is the Visa that was put in your passport also under your married name?

Can you fill in your timeline so it can help others.

USCIS

07-20-2010: I-130 package mailed.

07-22-2010: I-130 Package Received - Priority Date.

07-29-2010: Received text & email from USCIS - Notice Date.

07-30-2010: Check Cashed by USCIS.

08-02-2010: Received NOA1 hard copy.

08-02,04,05: Touched.

09-28-2010: Received text & email - petition approved.

10-04-2010: Received NOA2 hard copy.

NVC

10-13-2010: NVC Case# Received (after calling).

10-15-2010: Emailed DS-3032 to NVC.

10-16-2020: Received the DS-3032 package, IIN number & AOS bill via email.

10-22-2010: Paid AOS bill ($88) - showing IN PROCESS

10-25-2010: AOS fee PAID.

10-27-2010: Express Mail AOS Package.

10-27-2010: Paid IV bill - showing IN PROCESS.

10-28-2010: AOS package delivered.

10-28-2010: IV fee PAID.

10-29-2010: Express Mail IV package.

11-01-2010: IV package delivered.

11-08-2010: AOS packages entered into NVC system.

11-15-2010: IV package entered into NVC system.

11-23-2010: SIF.

11-24-2010: Case Complete.

CONSULATE

12-21-2010: Medical at SLMC - Passed

12-22-2010: Immunization at SLMC

01-04-2011: Interview @USEM ~ Approval

OTHER

02-05-2011: POE at JFK

N-400

05-01-2017: N-400 Sent

05-09-2017: Case accepted

05-15-2017: Biometric appointment scheduled

05-30-2017: Biometric

06-05-2017: Inline for interview

08-15-2017: Interview scheduled

09-19-2017: Interview (approved).

01-19-2018: Oath Ceremony

Filed: Timeline
Posted

No one is disputing that you cannot use your husband name; it is your choice what name you want to use - maiden or married name.

Also it have already been said countless time to travel with your MC if there is a discrepancy in the names - GC, Passport, etc,.

One more question, is the Visa that was put in your passport also under your married name?

Can you fill in your timeline so it can help others.

everything was applied in my married name. I was just trying to tell the OP, that your statements above, that the visa will be issued in whatever name your passport states, is wrong. use the name, you wanna use in the US. that will save you hassle & money.

Posted

everything was applied in my married name. I was just trying to tell the OP, that your statements above, that the visa will be issued in whatever name your passport states, is wrong. use the name, you wanna use in the US. that will save you hassle & money.

So your visa was NOT issues in the same name as the name in your passport?

And yes, it have already been established that you can use whatever name you want.

USCIS

07-20-2010: I-130 package mailed.

07-22-2010: I-130 Package Received - Priority Date.

07-29-2010: Received text & email from USCIS - Notice Date.

07-30-2010: Check Cashed by USCIS.

08-02-2010: Received NOA1 hard copy.

08-02,04,05: Touched.

09-28-2010: Received text & email - petition approved.

10-04-2010: Received NOA2 hard copy.

NVC

10-13-2010: NVC Case# Received (after calling).

10-15-2010: Emailed DS-3032 to NVC.

10-16-2020: Received the DS-3032 package, IIN number & AOS bill via email.

10-22-2010: Paid AOS bill ($88) - showing IN PROCESS

10-25-2010: AOS fee PAID.

10-27-2010: Express Mail AOS Package.

10-27-2010: Paid IV bill - showing IN PROCESS.

10-28-2010: AOS package delivered.

10-28-2010: IV fee PAID.

10-29-2010: Express Mail IV package.

11-01-2010: IV package delivered.

11-08-2010: AOS packages entered into NVC system.

11-15-2010: IV package entered into NVC system.

11-23-2010: SIF.

11-24-2010: Case Complete.

CONSULATE

12-21-2010: Medical at SLMC - Passed

12-22-2010: Immunization at SLMC

01-04-2011: Interview @USEM ~ Approval

OTHER

02-05-2011: POE at JFK

N-400

05-01-2017: N-400 Sent

05-09-2017: Case accepted

05-15-2017: Biometric appointment scheduled

05-30-2017: Biometric

06-05-2017: Inline for interview

08-15-2017: Interview scheduled

09-19-2017: Interview (approved).

01-19-2018: Oath Ceremony

 
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