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ghunt2121

Wife's Name Change

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There may be a better place to post this. If so, please advise:

My K1 wife just went for her AOS biometrics appointment. Smooth. We were married last fall and throughout the VISA, Marriage and AOS processes thus far, we have not changed her name at all for fear of causing confusion and problems with USCIS.... you know, name on this document not being the same as name on that document, etc.

But now the question is, because she wants to change her name to have my last name, how does she start? What do we have to do?

Any help will be much appreciated.

Edited by ghunt2121

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Bad timing. She should have applied for AOS in her married name.

Her green card will not be in her married name.

So you can either file an I-90 after you get the green card and pay another 400$ to get a new card with a 6 month wait.

Or you can wait till ROC which happens in about 2 years after she gets the green card, she can change her name by putting married name on those forms and including marriage certificate.

Edited by Inky

-------------------------------------------- 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

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There may be a better place to post this. If so, please advise:

My K1 wife just went for her AOS biometrics appointment. Smooth. We were married last fall and throughout the VISA, Marriage and AOS processes thus far, we have not changed her name at all for fear of causing confusion and problems with USCIS.... you know, name on this document not being the same as name on that document, etc.

But now the question is, because she wants to change her name to have my last name, how does she start? What do we have to do?

Any help will be much appreciated.

If her name was not changed on the marriage certificate, you have to check the laws and procedures in your state regarding name changes. Usually you have to go to a courthouse and file an application, and perhaps appear at a hearing. Once the court issues an order changing her name, she can bring it to USCIS, social security administration, etc., to get her name corrected on all of her documents.

Bad timing. She should have applied for AOS in her married name.

Her green card will not be in her married name.

So you can either file an I-90 after you get the green card and pay another 400$ to get a new card with a 6 month wait.

Or you can wait till ROC which happens in about 2 years after she gets the green card, she can change her name by putting married name on those forms and including marriage certificate.

This isn't true unless the marriage certificate itself changed her name. If the marriage certificate did not change her name, she needs to go through the name change process. Not all marriage certificates automatically change your name; generally an application for a marriage license asks you whether you intend to change your name.

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If her name was not changed on the marriage certificate, you have to check the laws and procedures in your state regarding name changes. Usually you have to go to a courthouse and file an application, and perhaps appear at a hearing. Once the court issues an order changing her name, she can bring it to USCIS, social security administration, etc., to get her name corrected on all of her documents.

This isn't true unless the marriage certificate itself changed her name. If the marriage certificate did not change her name, she needs to go through the name change process. Not all marriage certificates automatically change your name; generally an application for a marriage license asks you whether you intend to change your name.

Ours did not ask that and it does not list my married name anywhere on the certificate. You simply use the certificate to show you want to change your name to married name.

Going to legal courts and dealing with legal name changes is for when you are changing your first or middle name permanently and changing your birth records or when you are changing your name after a divorce. You do not have to go to court to change your last name to married name.


-------------------------------------------- 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

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Ours did not ask that and it does not list my married name anywhere on the certificate. You simply use the certificate to show you want to change your name to married name.

Going to legal courts and dealing with legal name changes is for when you are changing your first or middle name permanently and changing your birth records or when you are changing your name after a divorce. You do not have to go to court to change your last name to married name.

Sorry, this isn't true in every state. You're offering information about your particular situation without realizing that it may vary in each of the 50 states. Like I said before, not all marriage certificates legally change your name automatically--some specifically require that you indicate whether you are changing your name and list the married name. In some states, if you do not change your name on the marriage certificate, you do have to go to court to change your last name.

Again, I am not telling you that you are wrong about your own situation just that it varies from place to place.

Here's an example: in New York, if your marriage certificate does not change your name, your name stays the same unless you remarry or change your name through another process (such as going to court). http://www.cityclerk.nyc.gov/html/marriage/license.shtml#name

Edited by grrrrreat

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Ours did not ask that and it does not list my married name anywhere on the certificate. You simply use the certificate to show you want to change your name to married name.

Going to legal courts and dealing with legal name changes is for when you are changing your first or middle name permanently and changing your birth records or when you are changing your name after a divorce. You do not have to go to court to change your last name to married name.

That's correct.

That's what I found thru internet:

"Re: Do you put your maiden name or married name on your marriage certificate?

You would put your maiden name. The certificate shows that you (maiden name) has married your Husband. There would be no need for a certificate if you already had his last name."

http://www.liweddings.com/chat/topic-143760-1.html

"Remember that the act of getting married does not change your name... you must actively request a name change and provide proof of your marriage for each government or business entity you need a name change for. Many (but not all) of these organizations are listed below. "

http://www.themarryingguy.com/NameChangeA.html

When I got married, there is nobody asked about name changing. It's done after the marriage.


jF5Jm7.png


AOS from F1:
Day0 -- 2012.05.08 Sent packet through USPS
Day1 -- 2012.05.09 Packet delivered at 1:29pm
Day7 -- 2012.05.15 Emails/texts acceptance confirmation at 5:16pm
Day8 -- 2012.05.16 Checks been cashed in the morning
Day11--2012.05.19 I-797C 4 hard copies received.
Day14--2012.05.22 Biometrics Appointment received. Scheduled for June 5th.
Day15--2012.05.23 Biometrics Completed at 1:30pm (2 weeks earlier than the scheduled date)
Day27--2012.06.04 Card production ordered for EAD&AP
Day28--2012.06.05 Second card production ordered email received for EAD.(why?)
Day30--2012.06.07 EAD&AP Combo Card mailed
Day32--2012.06.09 EAD&AP Combo Card received
Day98--2012.08.14 Interview scheduled for Sep.18th @12:30pm(thank god I don't have school that day)
Day100-2012.08.16 Interview notice hard copy received
Day133-2012.09.18 Interview!! I-485 updated to Card Production around 3:30pm
Day134-2012.09.19 Online Update: I-130 approved; I-485 New permanent Resident Status Registered.
Day136-2012.09.21 Second Card production Email.
Day141-2012.09.26 GreenCard received. (Done for 2 years!)

ROC:

Day0 -- 2014.07.07 Sent package to CSC by USPS

Day1 -- 2014.07.08 Package delivered

Day3 -- 2014.07.10 Check has been cashed

Day4 -- 2014.07.11 I-797 Hard Copy Received

Day12--2014.07.19 Biometrics Appointment received. Scheduled for Aug 5th.

Day23--2014.07.30 Biometrics Completed @1pm (6 days early)

Day95--2014.10.10 Card Production

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That's correct.

That's what I found thru internet:

"Re: Do you put your maiden name or married name on your marriage certificate?

You would put your maiden name. The certificate shows that you (maiden name) has married your Husband. There would be no need for a certificate if you already had his last name."

http://www.liweddings.com/chat/topic-143760-1.html

"Remember that the act of getting married does not change your name... you must actively request a name change and provide proof of your marriage for each government or business entity you need a name change for. Many (but not all) of these organizations are listed below. "

http://www.themarryingguy.com/NameChangeA.html

When I got married, there is nobody asked about name changing. It's done after the marriage.

See my note above: it just depends on where you live. In New York, you have to request your name change be done on the marriage certificate, and if you don't your name stays the same legally.

Your citations aren't very accurate. The marriage certificate is the legal document changing your name--changing your name on your SSN, passport, LPR card, etc. just matches your legal name as provided by the marriage certificate.

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There may be a better place to post this. If so, please advise:

My K1 wife just went for her AOS biometrics appointment. Smooth. We were married last fall and throughout the VISA, Marriage and AOS processes thus far, we have not changed her name at all for fear of causing confusion and problems with USCIS.... you know, name on this document not being the same as name on that document, etc.

But now the question is, because she wants to change her name to have my last name, how does she start? What do we have to do?

Any help will be much appreciated.

You need to find out the procedure in your particular location. It tends to vary a lot by state. In my state it was all handled on the marriage license before we were even married. You gave your current names and the names you will go by after marriage. In other states you just bring your marriage certificate with and get new IDs using the new name. The green card cannot be changed until you adjust status without handing it back over, paying a fee, and waiting a long time.


K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

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Hola, no te preocupes por ahora con el cambio de apellido de tu esposa, te comento el caso de una amiga, ella entro al pais con visa K2/K3, ella cambio su estatus al ano y medio de su entrada al pais y cuando lleno estas formas lo hizo con el apellido del esposo, asi la green card permanente le llego con su apellido de casada. Ella me dijo que no hizo ningun tramite de notaria ni nada. ella se caso en Colombia. espero que esta nota te ayude a no angustiarte por el cambio de apellido.

Saludos

Diana


an1cHjz0g410010M2xzfDEwMDA5OThzYXxMaXZpb

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Correccion: Visa K3/K4 not K2 :lol:

Hola, no te preocupes por ahora con el cambio de apellido de tu esposa, te comento el caso de una amiga, ella entro al pais con visa K2/K3, ella cambio su estatus al ano y medio de su entrada al pais y cuando lleno estas formas lo hizo con el apellido del esposo, asi la green card permanente le llego con su apellido de casada. Ella me dijo que no hizo ningun tramite de notaria ni nada. ella se caso en Colombia. espero que esta nota te ayude a no angustiarte por el cambio de apellido.

Saludos

Diana


an1cHjz0g410010M2xzfDEwMDA5OThzYXxMaXZpb

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If her name was not changed on the marriage certificate, you have to check the laws and procedures in your state regarding name changes. Usually you have to go to a courthouse and file an application, and perhaps appear at a hearing. Once the court issues an order changing her name, she can bring it to USCIS, social security administration, etc., to get her name corrected on all of her documents.

This isn't true unless the marriage certificate itself changed her name. If the marriage certificate did not change her name, she needs to go through the name change process. Not all marriage certificates automatically change your name; generally an application for a marriage license asks you whether you intend to change your name.

Yes, some states have you put what you want your name to be after you are married. Some states do not. If they live in a state where she did not have to put anything other than her maiden name on the license when getting married, then she does not need to go through any courts. She simply shows her marriage certificate and gets her SSN and ID changed to her husband's last name. She could have done this for her EAD and green card by simply using her married name on all the AOS forms and her EAD and green card would have come in her married name. No court is needed for that.

For changing the SS card, you have up to 2 years after marriage to bring in your marriage certificate and request your name be changed to your husband's, and after that, you need to also include an ID in your old name along with your marriage certificate.

If they live in a state where she needed to choose what surname she would use after marriage and chose to keep her maiden name, then she will most likely need to deal with changing her name through the courts. Otherwise, she can just use her marriage certificate to request new IDs and such in her married name.

Their main problem is they did not put her married name on the AOS paperwork. This means they will have to pay the fee for the I-90 to have it changed, or wait a few years to change it when she files for ROC or citizenship.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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