I 130 maiden name or not?

[Danielcd 0]

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?

[Stressed Out 81]

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.

[LDN2NYC 11]

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

[Ian H. 207]

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.

[Stressed Out 81]

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

[NikLR 13,220]

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.