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Danielcd

I 130 maiden name or not?

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Hello?

I will be marrying my fiancé next month, we both live in russia and we want to file for her visa ASAP. It will take around a month for her to get all of her papers changed to her new last name and we were wondering if we could apply with her maiden name on the 130 or what? The marriage certificate will have her new last name on it so will that be a problem?

Thanks!

Also can other documents we need like the police report be under her maiden name?

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Filed: Citizen (pnd) Country: Germany
Timeline

Plenty of people on here have applied for a CR-1 visa within a few days (if not the day after) they're married. They'll realize that it'll take a while to get her name change official on documents, so you'll just have to whip up whatever evidence you can. Photos, FB statuses, receipts of things from the wedding (ring, catering, etc.) is stuff you could use as bona fide marriage evidence.

I do say, by the time the police report stuff is required (at the NVC stage) she should have taken steps to change her name by then since it'll be a couple months. If she hasn't done anything by then to change her name (I'd suggest bringing proof of that to the interview, whether it's requested or not) they might find it a bit strange.


Myself: US citizen; Husband: German citizen

TransferWise Invitation Link: (first wire transfer is free) https://transferwise.com/u/eec50

(B-2 Journey):

 

 

-(then fiance) H-2B work visa application terminated due to qualification difficulties in Aug. 2010.

-(then fiance) B-2 tourist visa denied due to lack of strong ties to Germany in Sept. 2010.
-Third ESTA denied due to his suspiscious visa status on Oct. 15, 2012.
-B-2 tourist visa approved on Nov. 16, 2012!

 

(IR-1 Journey):

 

 

-Extended German residence permit obtained Aug. 23, 2014. (to qualify for DCF)

-Husband's new German passport picked up Aug. 28, 2014. (Old one expires 2015)

-I-130 packet sent to Frankfurt (DCF) Aug. 29, 2014!

-NOA1 issued Sept. 9, 2014 (received Sept.13)

-RFE regarding evidence of bona fide marriage received along with NOA1

-RFE reply packet sent to Frankfurt Sept. 30, 2014

-E-mail response (NOA2) received by USCIS Frankfurt on Oct. 23, 2014 (Petition APPROVED Oct. 20!!!) :dancing:

-Paper NOA2 received in the mail Oct. 29, 2014

-Case number assigned by IV unit Oct. 30, 2014 (Received by email Nov. 3)

-Paper "Packet 3" arrived in mail Nov. 4, 2014

-DS-260 and Document Delivery Registration submitted to Frankfurt Nov. 4, 2014

-Mailed in priority date request found on Packet 3 to IV Unit Nov. 5, 2014

-IV ("Packet 3") package sent to Frankfurt Nov. 17, 2014

-Medical completed by Frankfurt panel physician Nov. 17, 2014

-Received "Packet 4" via e-mail Nov. 20, 2014

-Interview booked for Dec. 3, 2014 (booked Nov. 21, 2014 after email authorization received)
-Visa approved, issued AND picked up by the courier all within 7 hours, Dec. 3, 2014
:dance:

-Visa packet arrived in the mail Dec. 4, 2014

-Visa packet had to be returned to Frankfurt for correction on Immigrant Data Summary sheet (wrong birthplace listed) Dec. 5, 2014

-Corrected visa packet received in the mail Dec. 11, 2014

-$165 Immigrant fee paid Dec. 11, 2014

-POE (through Dublin, Ireland) Jan. 18, 2015

-Registered manually for social security Jan. 27, 2015

-Social security card arrived within 2 weeks after applying in person/green card arrived within 30 days after entering U.S.

kXYGp1.png

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I sent my documents with my maiden name and all is fine.


USCIS

10.02.2014 - Sent I-130

28.02.2014 - Received NAO 1

09.07.2014 - Transferred to CSC from NSC

28.07.2014 - RFE - Passport pictures

05.08.2014 - RFE - Sent recorded

15.08.2014 - NAO 2 Approved

_________________________________________

NVC

27.08.2014 - Case received

08.09.2014 - Case number/IIN assigned - Rcvd via Mail

17.09.2014 - Submitted DS-261 & PAID AOS bill

19.09.2014 - AOS appeared as PAID

02.10.2014 - IV Bill available & PAID

03.10.2014 - AOS & IV Packages sent as 'ONE'

03.10.2014 - DS-260 Available

04.10.2014 - DS-260 Completed

06.10.2014 - AOS/IV package received by NVC - SCAN DATE

08.10.2014 - 60 day email received

01.12.2014 - Case Complete

18.12.2014 - Medical done

14.01.2015 - Interview APPROVED!!!

21.01.2015- Passport returned with visa

19.01.2015- POE - JFK (smooth entry)

09.03.2015- Applied for SSN card via local office

26.03.2015 -PERMANENT RESIDENT CARD (GREEN CARD) DELIVERED

09.04.2015 -SSN card didn't arrive so went back to local office & was given the number

15.04.2015 -SSN card in the mail

_________________________________________

N-400 - Citizenship

Service Center:   Online

CIS Office - New York City/NY

12.18.2020 - Date Filed

12.18.2020 - NOA Date

07.02.2020 - Biometric Apt

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Well seeing that the I-130 has to be filed after you're married, you can do the I-130 in her married name. My cousin's wife submitted her I-130 in her married name even though the evidence she used was all in her maiden name, such as the passport to prove her USC. USCIS doesn't mind that the evidence is in a different name as long as you attach proof of any name changes, which is why the marriage cert counts as proof.


This does not constitute legal advice.

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Filed: Citizen (pnd) Country: Germany
Timeline

Yeah forgot that tiny detail....don't file the I-130 in her maiden name, haha.


Myself: US citizen; Husband: German citizen

TransferWise Invitation Link: (first wire transfer is free) https://transferwise.com/u/eec50

(B-2 Journey):

 

 

-(then fiance) H-2B work visa application terminated due to qualification difficulties in Aug. 2010.

-(then fiance) B-2 tourist visa denied due to lack of strong ties to Germany in Sept. 2010.
-Third ESTA denied due to his suspiscious visa status on Oct. 15, 2012.
-B-2 tourist visa approved on Nov. 16, 2012!

 

(IR-1 Journey):

 

 

-Extended German residence permit obtained Aug. 23, 2014. (to qualify for DCF)

-Husband's new German passport picked up Aug. 28, 2014. (Old one expires 2015)

-I-130 packet sent to Frankfurt (DCF) Aug. 29, 2014!

-NOA1 issued Sept. 9, 2014 (received Sept.13)

-RFE regarding evidence of bona fide marriage received along with NOA1

-RFE reply packet sent to Frankfurt Sept. 30, 2014

-E-mail response (NOA2) received by USCIS Frankfurt on Oct. 23, 2014 (Petition APPROVED Oct. 20!!!) :dancing:

-Paper NOA2 received in the mail Oct. 29, 2014

-Case number assigned by IV unit Oct. 30, 2014 (Received by email Nov. 3)

-Paper "Packet 3" arrived in mail Nov. 4, 2014

-DS-260 and Document Delivery Registration submitted to Frankfurt Nov. 4, 2014

-Mailed in priority date request found on Packet 3 to IV Unit Nov. 5, 2014

-IV ("Packet 3") package sent to Frankfurt Nov. 17, 2014

-Medical completed by Frankfurt panel physician Nov. 17, 2014

-Received "Packet 4" via e-mail Nov. 20, 2014

-Interview booked for Dec. 3, 2014 (booked Nov. 21, 2014 after email authorization received)
-Visa approved, issued AND picked up by the courier all within 7 hours, Dec. 3, 2014
:dance:

-Visa packet arrived in the mail Dec. 4, 2014

-Visa packet had to be returned to Frankfurt for correction on Immigrant Data Summary sheet (wrong birthplace listed) Dec. 5, 2014

-Corrected visa packet received in the mail Dec. 11, 2014

-$165 Immigrant fee paid Dec. 11, 2014

-POE (through Dublin, Ireland) Jan. 18, 2015

-Registered manually for social security Jan. 27, 2015

-Social security card arrived within 2 weeks after applying in person/green card arrived within 30 days after entering U.S.

kXYGp1.png

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You can file in either maiden or marred name. For the petitioner it doesn't matter. For the beneficiary the visa will come in passport name.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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