Middle of divorce, also ROC of Green Card, 1 specific question.

[Trymester3 6]

So, I saw my wife today to get her to sign the Affidavit of Defendant. Our uncontested divorce is moving along smoothly. Today she told me that she is not in a rush at all to have her surname changed back to her maiden name. She does want it changed back to her maiden name though.

Since she is not in a rush, and I am helping her with her ROC with a divorce waiver, is it just easier to advise her to keep her married name now, and then just pay to have her name on her Green Card changed after she already clearly received the new one? It may cost $300-$400, but it's nothing to pay for the peace of mind (that it might be easier for her to secure the ROC Green Card with the Married name, as opposed to her maiden name).

[aaron2020 11,651]

Her last name is irrelevant to the ROC with divorce waiver. USCIS will know that she got divorce because of the divorce waiver, so it's not going to be "easier" to remove the conditions with her married as opposed to her maiden name.

Easier to get her name changed back with a court order for the divorce. If she choose to change her name later, she may need to go back to court.

You are creating a problem where there doesn't need to be one. Keep it simple. Get her name legally changed back in the final divorce decree. File with her maiden name so her 10 years green card will be issued in her maiden name when the conditions are lifted.

Edited December 17, 2016 by aaron2020

[Trymester3 6]

Thanks for your reply. So far I'm following you on everything except the last paragraph. Someone in another thread told me that she has to file for the ROC Green Card with the same name that is on her current Green Card. By the time she files during the first week of Feb. the divorce decree may not have arrived yet, and she'll need to send it later after an RFE.

Can anyone clarify for me what name she needs to file with?

[EM_Vandaveer 2,408]

Thanks for your reply. So far I'm following you on everything except the last paragraph. Someone in another thread told me that she has to file for the ROC Green Card with the same name that is on her current Green Card. By the time she files during the first week of Feb. the divorce decree may not have arrived yet, and she'll need to send it later after an RFE.

Can anyone clarify for me what name she needs to file with?

If the divorce is final when she files, she can file with her maiden name. If the divorce isn't final yet when she files then she cannot file with her maiden name.

[Trymester3 6]

Thank You.

If it will take 3-6 months to get the divorce decree, then the divorce will not be final by the time that she needs to file ROC. So she should file with her current married name.

Do you think she can put in a name-change order now (it's available to do it with a separate set of NY State DIY forms) while we are filing for divorce, or will that complicate things just in case the divorce decree does become final in time to file for ROC., but the name change order has not been finalized yet by the time she needs to file for ROC?

Last scenario, If she has to file for ROC before the divorce decree arrives, she will use a divorce waiver, and file with her current name. About 6 months later, they will ask her for an RFE. When she sends in the evidence, which will be the divorce decree, can she also send in a document showing a successful name change back to her maiden name? While sending in the divorce decree and the official document highlighting the name change, will she be able to ask to have the surname on her card be her maiden name, or will it still have to be the married name because that is the name she started the ROC process with 6 months ago?