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orls_klass

Married Last Name on AOS

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Filed: AOS (pnd) Country: Russia
Timeline

Greetings,

I am a Russian (Male) that came to the US a long long time ago, and through my immediate family we are all now United States Citizens.

I recently married. and my wife (whom overstayed her Work and Travel Visa for 3+ years) have a few concerns...

From reading on the forums this is a none issue, as she is currently in the states and her and I are living happily together taking life one step at a time. She does work in a cash industry, and has 2 years worth of State/Federal taxes filled under a TIN. So currently we are awaiting the necessary documentation to come from Ukraine to start our AOS packet. She came in legally, so its just a matter of compiling the packet and demonstrating our bonafide marriage. great.

Approaching construction of our documents based on this guide - http://www.visajourney.com/content/i130guide2

The first step after the wedding, was applying for a Maryland (None Federally Compliant ID), and the plan was for her to take my last name. Now based on eastern European tradition the female takes the husbands name and ands an -a to it. This unfortunately could not be accommodated as the MD state system will only match the husbands last name letter for letter, and has no federal documentation to commit the change. This is fine.

So what we have currently is a state issued ID with my last name... which isnt exactly ideal. Remember she is missing the 'a' and this is somewhat necessary based on tradition.

On our I-130 packet and supporting documentation is it applicable to fill out the forms using the proper feminine version of my surname? Will there be questions asked why based on the wedding certificate she has a "technically" different last name than me. If this is too much trouble, would it make sense to approach the AOS/Green Card with her maiden last name?

Edited by orls_klass

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Filed: Citizen (pnd) Country: Canada
Timeline

Others who have gone through a name change more like your wife's can correct me, but my amature understanding is...

Here a single letter change makes the name a different name. So your wife can use her maiden name or your last name (or, I believe a hyphenated version of the two), but she'd have to go through the courts for anything different, like adding on an "a".

For her AOS package she can choose which one. I'd suggest she go with just one (IE don't have her maiden name on her GC but banking in your name for example) - I'm in the middle of changing my name and using both at once is completely confusing.

Socially she can do as she likes (just like an Elizabeth can go by Liz), but for anything legal she couldn't just add the "a" to the end.

If I were in her place I'd use her married name (yours) legally for all IDs and socially use the feminine form (with the "a"), but that's just what I'd do.


First Entered US with TN Status: 04/13/2012
Engaged: 08/24/2012
Married: 08/10/2013

Adjustment of Status from TN Status to Permanent Resident:
Day 00: AOS mailed by USPS priority Post: 05/19/2014
Day 02: AOS package arrived: 05/21/2014
Day 08: Text/email notice of acceptance: 05/27/2014
Day 11: NOAs for I-130, I-485, I-765, I-131 received, 05/30/2014
Day 14: Biometrics notice received with an appointment of June 17, 2914 at 3pm. 06/02/2014
Day 15: attempted walk-in successful after a very long wait 06/03/2014
Day 38: email notice that I-485 has moved to testing & interview! 06/26/2014
Day 77: EAD/AP - card production 08/06/2014
Day 84: EAD/AP card received 08/13/2014
Day 129: Infopass appointment for an update (very helpful!) 09/24/2014
Day 136: Email received with interview date 10/01/2014
Day 138: Interview notice received! 10/03/2014
Day 170: Green Card Approved on the Spot! 11/04/2014
Day 178: Green Card Received 11/12/2014

REMOVAL OF CONDITIONS:

Day 00: ROC Package (Weighing 1.7kg -- 3lbs 13oz) mailed by USPS Priority Post: 09/13/2016

Day 03: ROC Package Received: 09/16/2016

Day 07: Check Cashed: 09/20/2016

Day Too many to count: Received Approval 02/05/2018

NATURALIZATION

Day 00: Submitted file online for N400 -- 07/31/2020

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Filed: AOS (pnd) Country: Russia
Timeline

Sounds interesting, however currently all of her documents such as banking statements and all of that is still in her maiden name. Really the only reason we got the State ID (none-federally compliant) was to get her a learners permit sometime soon.

So far Federally, and financially its all under the maiden name.

Curious if I can simply just do (Lastname + a), and only list her maiden name on the AOS forms, and if that will slip right threw. Seems its easier to pettition an judge and have a state issued name change. But on the federal level you really only have one shot, and thats with your green card which you then can leverage a SSN with.

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