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Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

My husband wants to legally change his name. His CR-1 visa was approved (thought we will have been married for more than 2 years upon his entry to the States). We haven't paid the $165 for the visa.

Background out of the way. I have read that he needs to get a court petition in order to change his name then notify the USCIS (and social security office) and pay a fee of $450 along with paperwork. I'm assuming that this fee is for replacement of a green card or stopping production of a green card in progress. But, he doesn't even have his yet. What's the point of the fee and court order if the only thing with his name on it is his visa? Is there a way to do this without all the hoopla?

Filed: Country: Vietnam (no flag)
Timeline
Posted

If your husband is changing his last name to your last name, then it's not a problem. The marriage certificate alone is suffice for the name change.

If he wants to change his name to something else that's not your last name, then he needs a court order.

There has to be a legal document to show the person who got the visa is the same one getting the green card.

You wouldn't want to give a green card to Joe Smith who arrived with a visa for Manuel Perez without a legal document proving the two names belong to the same person.

As to the fees for the green card - I don't know. Hopefully someone else can help you with that.

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

If your husband is changing his last name to your last name, then it's not a problem. The marriage certificate alone is suffice for the name change.

If he wants to change his name to something else that's not your last name, then he needs a court order.

There has to be a legal document to show the person who got the visa is the same one getting the green card.

You wouldn't want to give a green card to Joe Smith who arrived with a visa for Manuel Perez without a legal document proving the two names belong to the same person.

As to the fees for the green card - I don't know. Hopefully someone else can help you with that.

He wants to change his name to something completely different.

I guess that's what stymies me. A name change is a name change. Whether it's my name or Jacobjingleheimersmidt, I thought the process was the same.

Can someone confirm my information on the green card?

Filed: AOS (apr) Country: Australia
Timeline
Posted

A marriage certificate only has sufficient details to prove that one of the parties has taken their spouses' last name, it doesn't prove any other type of name change. To change your name in any other manner requires a court order and to get his name changed on his green card he would hVe to pay the $450 fee.

Posted

My husband wants to legally change his name. His CR-1 visa was approved (thought we will have been married for more than 2 years upon his entry to the States). We haven't paid the $165 for the visa.

Background out of the way. I have read that he needs to get a court petition in order to change his name then notify the USCIS (and social security office) and pay a fee of $450 along with paperwork. I'm assuming that this fee is for replacement of a green card or stopping production of a green card in progress. But, he doesn't even have his yet. What's the point of the fee and court order if the only thing with his name on it is his visa? Is there a way to do this without all the hoopla?

Wait for him to apply for citizenship and he can be called Jacob Jingleheimersmidt or Bubba or Billy Joe Bob or what ever he fancies and it is free as they will send it to the court to get the name to be his legal name for the Naturalization Certificate.

Dave

 
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