K1 Does Immigrant need to get name change on PI passport to return from visit to America showing new married name?

[Stevious 1]

K1 in progress, and our interview is likely to happen in December or January.

As requiried we have married.

She has a Employment Authorization Card in married name also acting as I-512 Advance Parole that is valid through and after the return date.

Wife (immigrant) intends to travel back to PI in January for three weeks.

Everything seems in order except that we've been told, possibly incorrectly, that she must get a new PI passport from the Consulate with her married name otherwise immigration won't let her back into the US.

This seems odd to me. Travel to the consulate is at least an entire day and is expensive. She has adequate proof of identity (PI driver's license in old name, US Drivers license in new name, birth certificate, passport, marriage certificate and documetation) showing that K1 is properly in progress.

Most immigrants under K1 will name change upon marriage and it seems to me that the original PI passport should still work as it is, until expired, without buying a newly named one.

It seems to me that the passport with other docs, espically an original marriage license, ss card, plus the old but valid PI passport in her non-married name should be adequate.

Might anyone know what the actual rules are on this?

Thanks in advance.

[Darnell 8,478]

well, there are rules, then there is 'custom'.

What seems to be the custom with different names on the same human -

is that folk exit the USA with just the passport, airtickets bought in passport name, then

in the PI, show airticket, passport, AP card, marriage certificate, all to get on the plane,

then

coming in to USA at the POE, show Passport, AP card and marriage certificate.

That's the custom. unsure about the 'rules'.

Edited November 8, 2014 by Darnell

[oatmeal 8]

There is no problem using her passport with her non-married name. She just need to bring her GC and marriage contract, based on my experience.

[Stevious 1]

There is no problem using her passport with her non-married name. She just need to bring her GC and marriage contract, based on my experience.

Thanks but she does not yet have a GC. Does that change things?

And perhaps a good question: Would it be best to purchase the ticket under her former (prior to marriage) name, or the new, married name?

Edited November 8, 2014 by Stevious

[M and C 32]

Thanks but she does not yet have a GC. Does that change things?

And perhaps a good question: Would it be best to purchase the ticket under her former (prior to marriage) name, or the new, married name?

If she intends to travel in January, purchase her ticket under her current passport name (hence her maiden name). Just let her bring her AP and marriage certificate during travel.

I used my AP last year. Traveled with my Philippine passport and plane ticket still under my maiden name. Had no problems at POE (LAX), only a couple more minutes of further processing in a holding room where they had to verify my status with DHS/USCIS. (They did not even ask to see my marriage certificate). But I guess that's SOP. The wait could be nerve-wracking though, because in the same room there were people who were also being deported.

She can do the report of marriage and passport ammendment later. It takes about 6-8 weeks to process that. Your wife could still opt to do those now and wait for the new passport before purchasing the ticket, but then that would be too close to her intended travel date.

Edited November 8, 2014 by M and C

[Darnell 8,478]

Thanks but she does not yet have a GC. Does that change things?

And perhaps a good question: Would it be best to purchase the ticket under her former (prior to marriage) name, or the new, married name?

passport allows her to travel, so use the name in the passport on the air ticket.

When you get a moment, please reread post #2.

Go Get Em, and Good Luck !

[Greenbaum 12,258]

Follow Darnell's recommendations as it is the correct way to exit and enter each country. Don't mess things up at this point till her travel to the Phil is completed. Once she returns you finish with the reporting of marriage and changing the passport name. Remember, if she is out of the country when you have your GC interview you could jeopardize your GC processing, so plan her trip according.