Name Change During K-1 Process?

[Mitexi 8]

Okay, so I have an odd situation. My fiance in Australia is wanting to change his last name, and we're unsure of the best time he should do this. We've already started the K-1 and should be pretty close to NOA2 at this point. Could he get his name changed before the interview stage and then bring all relevant forms documenting the name change? Or does that screw everything up? And if it does, when is the best possible time to get the name change?

He'd like to change his name back to his biological father's name (as he currently has his step father's name, but started out with the other), and some of his relatives are taking interest, especially now that he is getting married. We don't want to wait till the naturalization process if possible, because that's years away. We'd like to get this taken care of as soon as we can.

[LeftCoastLady 441]

Okay, so I have an odd situation. My fiance in Australia is wanting to change his last name, and we're unsure of the best time he should do this. We've already started the K-1 and should be pretty close to NOA2 at this point. Could he get his name changed before the interview stage and then bring all relevant forms documenting the name change? Or does that screw everything up? And if it does, when is the best possible time to get the name change?

He'd like to change his name back to his biological father's name (as he currently has his step father's name, but started out with the other), and some of his relatives are taking interest, especially now that he is getting married. We don't want to wait till the naturalization process if possible, because that's years away. We'd like to get this taken care of as soon as we can.

Is his stepfather's name on his birth certificate, or is it just what he's used on ID/passport? Was the inclusion of his bio-father's name included on the initial petition under "other names used"?

Before risking a delay in the process, check with your local marriage laws to see if there are any issues with the man changing his name once he's arrived in the U.S. (Some places prohibit the male spouse from changing his name.) This varies across the U.S., so if you're planning to apply for a marriage license in a different location from where you live, check out their application (usually available for viewing online).

[Mitexi 8]

His biological father's name was his birth name, but it was changed to his step father's name later. And it states at the bottom of his current birth certificate: "previously known as (biological father's last name)"

His biological father's name *was* included in the "other names used" section on the petition.

[Anh map 2,098]

Name changes are done through the courts here in the US.

If he wants to change his name prior to US immigration he should do it at home and then change his passport, etc. to reflect his new (old) legal name.

For name change here, after immigration it would likely have to occur after the adjustment of status where he is issued a green card. Start your research at you local clerk of courts office.

[Mitexi 8]

If he wants to change his name prior to US immigration he should do it at home and then change his passport, etc. to reflect his new (old) legal name.

This is what he wants to do, but we're just concerned if this will screw up the process at all. Like if he shows up to his interview with a different name, would that mess things up even if he had the name change documents and the changed passport? Or would it be okay since that name is listed in the "other names used" section? We don't want this to add a bunch of delays or unnecessary hassle, so we're just wondering exactly how much this would affect things.

[Anh map 2,098]

This is what he wants to do, but we're just concerned if this will screw up the process at all. Like if he shows up to his interview with a different name, would that mess things up even if he had the name change documents and the changed passport? Or would it be okay since that name is listed in the "other names used" section? We don't want this to add a bunch of delays or unnecessary hassle, so we're just wondering exactly how much this would affect things.

That is a question you should as the embassy/consulate where he will be interviewing. Just showing up with a different name in the passport will likely cause delays.

[LeftCoastLady 441]

Agree with Anh Map, check with the embassy where the interview will occur. Your fiancé should also weigh how much time it will take to make the name change on his ID and passport, especially since you're close to NOA2.

Like I said upthread, another option would be to see if the male can change his name at the marriage license process in the same manner a woman can. That way, the documentation you'll submit for AOS will have his "new" name in place.

[Mitexi 8]

Alright, thank you both. We will check with the proper places and try to get some answers.