should we wait until name change to file i-130

[truckerswife 0]

hi vjers

we have everything ready to file i-130 for myself and my 2 children, they have last name from my ex husband but we want to change them so that we all have same name, i have appointment to see solicitor next week to start this, i just wandered should we wait till names are changed to file or can we now and change name at a later date?

[NikLR 13,234]

If you want your visa and green card to be in married name, change your passport as soon as you can. As long as it's changed before interview, you'll get the visa and green card in married name.

I'm unsure if you can change the children's last name without them being adopted by their step-father. This is where your issue will be as traditionally a child's name will be in father's last name unless you specifically put it in your maiden name. You may find some argument from your ex about this issue. Hopefully your solicitor can help you.

Edited March 11, 2014 by NLR