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Filed: Citizen (pnd) Country: Peru
Timeline
Posted

My fiancee and I have our NOA1 and intend to marry next year as soon as she gets to the US. Once we marry, she intends to take my last name. However, we also plan on returning to Peru approximately six months after our marriage to visit her family. Once her last name is legally changed to mine, her Peruvian passport will still have her maiden name. Peru doesn't recognize gay marriage...so all her US identification will have a different last name than her Peruvian identification. How do we get into Peru and back to the US with two different sets of identification/last names? Does anyone have experience with this and/or recommendations?

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

She will purchase tickets in the name on her passport and use her passport to enter Peru. She will need the AP or her green card, which will have her new married name on them, plus her passport to enter the US when she returns. She can bring a copy of her marriage certificate with her in case they ask about the name difference.

~ Moved from K-1 Process to Working and Traveling During US Immigration ~

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Filed: Citizen (pnd) Country: Peru
Timeline
Posted

She will purchase tickets in the name on her passport and use her passport to enter Peru. She will need the AP or her green card, which will have her new married name on them, plus her passport to enter the US when she returns. She can bring a copy of her marriage certificate with her in case they ask about the name difference.

~ Moved from K-1 Process to Working and Traveling During US Immigration ~

That actually sounds like a pretty easy option. We hadn't thought of it, so thank you very much for the information!

Posted

She will purchase tickets in the name on her passport and use her passport to enter Peru. She will need the AP or her green card, which will have her new married name on them, plus her passport to enter the US when she returns. She can bring a copy of her marriage certificate with her in case they ask about the name difference.

~ Moved from K-1 Process to Working and Traveling During US Immigration ~

I'd check and obtain if possible some written documentation from the airline to the effect that your green card is valid "together" with your passport. This is the scenario: getting in Peru would not be a problem; coming back the airline staff at the airport is who makes the determination that passenger is good to fly (visa or green card), however, name in passport and in green card do not match. It shouldn't be a problem, but remember that as you said, gay marriage is not recognized in Peru, and a Peruvian national in Peru will be subject to Peruvian laws, someone with wanna be complex or a bad hair day could potentially claim that your spouse is not good to fly as the GC is different name and the marriage cert might not be applicable as it is not recognized; plus remember that they are not the most open minded over there.

You are possibly breaking ground here. The gay marriage is so new that I'm not sure what would be the result and you might be the first couple testing the waters in Peru. Alternatively, maybe contacting the US Embassy in Lima prior to travel on recommendations and perhaps have something already arranged in case of problems might be advisable.

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

I do not see how it makes a difference if it legal in Peru or not. They will be a US legal permanent resident at the time they travel. Their green card is what gets them back into the US. A passport is used by everyone, so yes, the green card and passport together is what is used, by anyone and everyone that is an LPR. I have seen plenty of people state that when traveling with their passport from their country that is still in their maiden name that they are not even asked for the marriage certificate to tie the green card and passport names together. It is just a good idea to carry it, and the case of a same sex couple, it might be needed since same sex couples are not as common. The green card will be proof they are an LPR and the US marriage certificate proves they are married and had a name change.

They can contact the airline they will be using ahead of time, but they have all the same legal documentation that is needed and required from any other married person that is a US permanent resident. If the airline wants to try and discriminate against them for being a same sex couple, then they can and should call them out on it. I doubt they are looking for a discrimination suit. Yes, the US allowing for same sex couples to immigrate is new, but the airline in Peru is not their judge and jury about whether or not a same sex couple should be recognized, legal and let back into the US where they legally reside.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Filed: Citizen (pnd) Country: Peru
Timeline
Posted

Both Gosia & Tito and Jay-Kay have excellent points. I'd like to hope that Jay-Kay is correct, but I think it's a good idea to take advice from both of you and contact the airline and Embassy ahead of time. It might just boil down to trial and error for us....and hopefully not error in the end. I can't imagine not being able to take my (then) wife home to see her family....so we'll just have to take the risk, but be assured we'll be prepared when we do. Thank you to everyone.

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

I truly hope no one gives you a hassle for merely trying to travel like anyone else does. Being prepared for anything is a good idea though. I wish you both the best of luck in your immigration process, marriage, and travels. smile.png

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Posted

I do not see how it makes a difference if it legal in Peru or not. They will be a US legal permanent resident at the time they travel. Their green card is what gets them back into the US. A passport is used by everyone, so yes, the green card and passport together is what is used, by anyone and everyone that is an LPR. I have seen plenty of people state that when traveling with their passport from their country that is still in their maiden name that they are not even asked for the marriage certificate to tie the green card and passport names together. It is just a good idea to carry it, and the case of a same sex couple, it might be needed since same sex couples are not as common. The green card will be proof they are an LPR and the US marriage certificate proves they are married and had a name change.

They can contact the airline they will be using ahead of time, but they have all the same legal documentation that is needed and required from any other married person that is a US permanent resident. If the airline wants to try and discriminate against them for being a same sex couple, then they can and should call them out on it. I doubt they are looking for a discrimination suit. Yes, the US allowing for same sex couples to immigrate is new, but the airline in Peru is not their judge and jury about whether or not a same sex couple should be recognized, legal and let back into the US where they legally reside.

Not saying the airline is going to discriminate or that something is not legal. What I'm saying is that when you are at the airport, you are dependant upon the airline staff to make the decision and no matter what, they might chose to play it safe and not allow traveling. We should not count on properly trained and knowledable airline staff at that point; this is an scenario that might be new and never seen by the airline, why risk it?. Everything might go well -and that is my wish to the OP, but things can go South as well. Airlines get penalized when a person ends up at a POE with the incorrect documentation, so they will always err of the safe side and not allow a passenger to travel. Yes, lawsuits can hapen, and yes, the person can go to the embassy/consulate to get additional documentation, it's just a hassle and when there is only 1-2 flights a day and the limited embassy working hours, plus there might not be an open sit for a few days, you are just complicating things, specially if you can help it and prevent it. In Lima, airport to embassy is about 90 minutes at best, give it an hour to sort things (and that is if the embassy is open, plus you might have to get an appointment first) and you can delay your travel several days.

There have been posts her of people having problems when the airline staff does not recognize an extension letter for example. Airline staff are told to check a green card and that it should match passport name, there are many exceptions and they are not not necessarily trained in that.

I'd just make some addtional efforts to have some peace of mind.

I'd like to ask the OP to post after returning, it would be extremely helpful for other here.

 
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