Changing Wife's Last Name

[rgfox 10]

We need some advice. My wife and I were married in Russia. We decided when we applied for the marriage licence at ZAGS that we would not check the box to change her last name to mine on the marriage cert, as it would have meant a delay with filing her I-130 as her new Russian passport with the new name was processed. She is registered in Russia at the flat she owns there under her current last name, the last name of her ex-husband, Fedetova.

Now she is here in the US on a CR-1, and we want to change her name to mine asap. We already know from USCIS and NVC that the last name on her green card etc depends completely on her Russian passport, and in order to change her green card, her Russian passport must be updated to reflect my last name. We went to the Russian Consulate but they were not helpful. They told her she would have to go to Russia and do everything there, and had no idea how long it would take. They thought maybe one month. This is extremely inconvenient, not to mention expensive for us, as her - our - Kindergarten-attending son is here in ESOL and will be in summer school too and to pull him out for an unknown period of time to go to Russia (my Russian is basic and improving but not good enough to raise him by myself while she would be in Russia for any extended length of time) would disrupt his progress in school here. The Russian Consulate person indicated that the whole reason we can't change her name from here in DC is that she is registered in Russia at the flat she owns (now rented out), and that this registration prevents her from changing her name from the US. They also told us that there was some court document we could get in the US that would help, but this made no sense to me and I couldn't get a clear explanation of what they were talking about, if the root of the problem is her registration in Russia. She doesn't care about her registration in Russia and is ready to give it up.

We have an ally in Russia who can help us with paperwork there or act as power-of-attorney in this matter of the registration in her flat, her ex-husband; whom I have established a pretty good relationship with, and whom she is still friends with- as appropriate as they have a child together. He is trustworthy. By the way, we don't want to change my stepson's name, only my wife's.

Has anyone been through this or have knowledge of the Russian legal and bureaucratic process which would allow us to change her name from here? Does she have to go back to Russia to do it? Please help us navigate through this. Any information would be much appreciated.

Thanks in advance,

Richard

[Neonred 3,461]

We have been through this, however my wife came here on a K-1 so it may be different. My wife changed her last name when we got married, and chose that name for her name on the green card without regard to the name in her Russian passport. We then tried to change her name in her Russian passport and found out the same information that you have. We were taking a trip to Russia so brought all the required documents to do it there, but ran into a problem. Our marriage certificate had her old name and my name, but nowhere did it spell out her new name. Russian embassy in DC was not helpful, and even called us asking why she was not registered with them while living in the US (this happened when she was renewing her passport). We decided it just wasn't worth the trouble.

In spite of the name in her Russian passport, I would think she could change her name on her green card, It will cos a little bit, but can avoid the travel and long delay. If that won't work perhaps you can just live with it for three years until she can get her citizenship, and then she can change it without any issue.

In our case the name in the Russian passport had nothing to do with the name on the green card.

[baron555 934]

We didn't change hers for all the same hassle you state.

Leave it as is.

[Derek & Rita 6]

We didn't change hers for all the same hassle you state.

Leave it as is.

My wife's name isn't going to change until she arrives here. I don't want to deal with all the hassle until I get her social security card.

[rgfox 10]

In spite of the name in her Russian passport, I would think she could change her name on her green card, It will cos a little bit, but can avoid the travel and long delay. If that won't work perhaps you can just live with it for three years until she can get her citizenship, and then she can change it without any issue.

In our case the name in the Russian passport had nothing to do with the name on the green card.

I'll call the NVC and ask them about this. Also we're investigating from the Russian side. I will keep this thread updated as we find out more. We are really stubborn - don't we all have to be to go through this immigrant visa process! - and we will find a way. It's important to us that her name be in my family line.

We didn't change hers for all the same hassle you state.

Leave it as is.

It is certainly tempting to do so, but we can't! We want her to be a Fox.

[Sveta & Ron 23]

why not use the ((( hyphen )))) after her premarried name and yours then have both countries covered

[sofya 10]

Until a few years back the Russian consulate would just put a stamp in the woman's passport with the new name. As far as people on this forum say, they don't do it anymore. Unfortunately, your wife cannot change her international passport until she changes her domestic passport first, which can only be done inside Russia. Here's the route you can take. It's a long one, but if you plan for it, it may not be as much hassle:

1. Live with the current name until the next planned trip to Russia or until her international passport expires, whatever comes first.

2. Plan at least a 1.5 month long trip to Russia when time comes.

3. Go to her hometown where she's registered and visit the appropriate ZAGS for her rayon. There she must file a request for a name change certificate. In the field "reason for name change" she should write smth like "I would like to take my husband's name". Attach the copy of the marriage certificate. In 2010 this procedure cost about $35 and took about 3 days in a non-central Russian city.

4. After she gets back her name change certificate, she should immediately apply for a new domestic passport. Remember, she cannot change her international passport until she changes her domestic passport first. This can only be done in the city of registration - that's why the consulate folks are not able to help you here. Her domestic passport will be ready in about 7-10 days.

5. Immediately file for a new international passport - on the same day she receives her domestic passport with a new name. She will need to ensure her new name is spelled properly in her international passport (I was allowed to use my own, correct spelling for my passport, even though the computer at OVIR suggested a different automated transcription) - this can be done by writing a zayavleniye with a request for specific spelling. She may need to present a copy of your passport or something to corroborate her request (although I wasn't asked for that and my zayavleniye alone sufficed). The international passport takes about 30 days to make, and she can keep her old one until she receives a new one. Take a trip, travel around Russia or abroad, or just hang out, then come back and pick it up when time comes.

6. With the new passport she can change her American documents.

Edited April 17, 2012 by sofya

[rgfox 10]

1..5

6. With the new passport she can change her American documents.

Thanks Sofya! That is exactly what I was looking for. USCIS also informed me of a way to do it by obtaining a court order in the US and filing an I-90 with USCIS. This does not change her legal name as far as Russia is concerned, but it is changed legally here in the US. Then, we can change it on her Russian passport at our leisure by following your steps starting with ZAGS. I like the court order method because it enables us to get her US driver's license, green card, and all other US legal documents etc under her new married name, right away.

[Bad_Daddy 2,209]

What's the hassle? My wife and I got married, she changed her name ASAP along with getting a new Belarus passport with her new last name, and we filed for a CR1 visa. We filed the I-130 three weeks (right after I landed in the US) from the time we were married. No hassle, and no having to mess with changing names later on.

Edited April 17, 2012 by Why_Me

[Neonred 3,461]

My wife's passport expires later this year and she has been checking on renewing. One problem we have just discovered is that she has the stamp the embassy put in five years ago indicating her new name in the US. Now they will not place the stamp, and will only renew the passport in her new name based on her name in her green card, the official document that establishes her reason for staying in the US. They will, in fact, renew the passport changing her name but require some documentation that we do not currently have. We need an official document from the court showing her new name.

[Bad_Daddy 2,209]

Anyone getting a CR1 visa should have the wife change her name and passport prior to filing for said visa imo. It cuts out a lot of the headaches.

[rgfox 10]

Anyone getting a CR1 visa should have the wife change her name and passport prior to filing for said visa imo. It cuts out a lot of the headaches.

I disagree. The hassle is worth it to us, in exchange for living together sooner. We are happy with the decision. Maybe in your case your decision was the right one, but to make a blanket statement about "Anyone should" is, well, ignorant of the fact that peoples' priorities and circumstances differ.

[Derek & Rita 6]

Thanks Sofya! That is exactly what I was looking for. USCIS also informed me of a way to do it by obtaining a court order in the US and filing an I-90 with USCIS. This does not change her legal name as far as Russia is concerned, but it is changed legally here in the US. Then, we can change it on her Russian passport at our leisure by following your steps starting with ZAGS. I like the court order method because it enables us to get her US driver's license, green card, and all other US legal documents etc under her new married name, right away.

That seems crazy to me. Why can't she just change her name like anyone else? Just get the social security card under the new name (showing the marriage certificate), and file an I-90.

Edited April 19, 2012 by Derek & Rita

[sofya 10]

Thanks Sofya! That is exactly what I was looking for. USCIS also informed me of a way to do it by obtaining a court order in the US and filing an I-90 with USCIS. This does not change her legal name as far as Russia is concerned, but it is changed legally here in the US. Then, we can change it on her Russian passport at our leisure by following your steps starting with ZAGS. I like the court order method because it enables us to get her US driver's license, green card, and all other US legal documents etc under her new married name, right away.

You're welcome Also thanks for sharing the other option - it's definitely a worthy piece of information for other folks out here.

[sofya 10]

That seems crazy to me. Why can't she just change her name like anyone else? Just get the social security card under the new name (showing the marriage certificate), and file an I-90.

Well that's exactly what they'll do - but it doesn't solve the problem of having the name changed in the Russian passport. The comment from Neonred actually makes more sense than the route I outlined, but I'm only sharing my experience

Edited April 20, 2012 by sofya