Filing as visitor under the visa waiver program

[inferbea 0]

My H-1B visa expired this past September. I went back to Korea and came back a month later as a visitor under the visa waiver program.

Then my boyfriend at that time (now husband) proposed me and we got married last month among friends and family at the city hall.

Our wedding ceremony will be in September 2013.

Now I'm trying to apply for adjustment of status(I-485) along with petition of alien relative (I-130), employment authorization (i-765), advanced parole document (I-131).

My question is,

I'd like to put my last name as my new last name changed by marriage. But my passport has my old last name. I was considering to change my last name on the passport but aside from all the hassles to go through to change the name on passport, I also have to wait 3 weeks to get a new passport. The problem is my my authorized stay expires on Jan 23rd, 2013. I don't want to go past this date to apply for adjustment of status.

While looking for a way to solve this problem, I found below guideline in the I-130 instruction page.

"If either you or the person you are filing for is using a name other than that shown on the relevant documents, you mush file your petition with copies of the legal documents that effected the change, such as a marriage certificate, adoption decree or court order."

So I assume as long as I attach marriage certificate with passport,it should solve the problem. Or should I use my original last name to be safe?

[milimelo 4,291]

Moving to AOS from tourist, student, work visa.

[hmh33 117]

Use your new name on the forms. I don't recall how many of the forms require a copy of your passport, but for each that does, you should also include a copy of your marriage certificate to show the name change.

[blankmedia 41]

My H-1B visa expired this past September. I went back to Korea and came back a month later as a visitor under the visa waiver program.

Then my boyfriend at that time (now husband) proposed me and we got married last month among friends and family at the city hall.

Our wedding ceremony will be in September 2013.

Now I'm trying to apply for adjustment of status(I-485) along with petition of alien relative (I-130), employment authorization (i-765), advanced parole document (I-131).

My question is,

I'd like to put my last name as my new last name changed by marriage. But my passport has my old last name. I was considering to change my last name on the passport but aside from all the hassles to go through to change the name on passport, I also have to wait 3 weeks to get a new passport. The problem is my my authorized stay expires on Jan 23rd, 2013. I don't want to go past this date to apply for adjustment of status.

While looking for a way to solve this problem, I found below guideline in the I-130 instruction page.

"If either you or the person you are filing for is using a name other than that shown on the relevant documents, you mush file your petition with copies of the legal documents that effected the change, such as a marriage certificate, adoption decree or court order."

So I assume as long as I attach marriage certificate with passport,it should solve the problem. Or should I use my original last name to be safe?

So long as your marriage certificate has the name change listed on it, it will be fine. Use your new name.

If the marriage license does not list the name change, I don't know. You will need another name change document, I think.

[Lainie B 465]

So long as your marriage certificate has the name change listed on it, it will be fine. Use your new name.

If the marriage license does not list the name change, I don't know. You will need another name change document, I think.

That is not correct. As long as it is a simple change (ie changing your surname to your husbands surname), the marriage license is a legal proof of your name change regardless of whether it actually lists your new name.