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Ry-bread

Alien name change concurrent to CR1 process

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Hello,

 

My wife and I have recently married in the United States. She is now back in her home country and we are looking to get going on the CR1 process asap and close our gap again. 

She is taking my last name & we are scratching our heads wondering how we should fill out the 130 and proceeding documents. 

 

Is it OK for us to begin the process using her soon-to-be name? Even though she would be currently working on getting her named changed in her home country. 

 

OR - should we not worry about any name change work until after she is here?

 

Thanks!

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Filed: IR-1/CR-1 Visa Country: Ukraine
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If you are legally married then you would file the I-130 petition under her married name. then she will have to change her documents to reflect her married name. This will eliminate any discrepancies when it comes time for the interview. She will need to change her internal passport and international passport.

 

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Filed: Citizen (apr) Country: Guyana
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3 hours ago, Ry-bread said:

Hello,

 

My wife and I have recently married in the United States. She is now back in her home country and we are looking to get going on the CR1 process asap and close our gap again. 

She is taking my last name & we are scratching our heads wondering how we should fill out the 130 and proceeding documents. 

 

Is it OK for us to begin the process using her soon-to-be name? Even though she would be currently working on getting her named changed in her home country. 

 

OR - should we not worry about any name change work until after she is here?

 

Thanks!

My humble suggestion is to not worry about any name change until she is in the US.  A few things to consider: how long would it take to get the name change in her home country?  Then, if you show documentation of the name change dated AFTER you submit the I-130, then the information on the I-130 can be deemed inaccurate and false.  Most of your other documents would have to contain her "new name" such as police records etc.  As mentioned by florida racer 73, she will also have to apply for a new passport.  It seems less complicated for her to use her name as is when you got married.

I-130 (for parents of US Citizens):

 

8/19/2022: NOA (IOE0917XXXXXX); Texas Service Center

7/22/2023: Both (parents) petitions approved

7/27/2023: Both cases sent to NVC

8/8/2023: Received NVC welcome email for both parents

 

 

 

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Filed: Lift. Cond. (apr) Country: China
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Moved from Progress Reports to Process & Procedures.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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My suggestion if she wants to take her married last name is do make sure her passport is changed before interview.  The green card comes in visa name, the visa comes in passport name.  It costs $450 to change the green card after arrival.  Do it all ahead of time and save yourself the hassle later.  You can do the I-130 in her new name, that's fine.  Just be aware that her documentation from the NVC may still come in her maiden name if she hasn't changed her passport by the time she submits her NVC documents. 

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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6 hours ago, florida racer 73 said:

If you are legally married then you would file the I-130 petition under her married name. then she will have to change her documents to reflect her married name. This will eliminate any discrepancies when it comes time for the interview. She will need to change her internal passport and international passport.

 

what's an internal passport?  

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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Filed: IR-1/CR-1 Visa Country: Ukraine
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1 minute ago, NikLR said:

what's an internal passport?  

My wife is from Ukraine, here they use an internal passport for identification, it is the equivalent to our drivers licenses back home. After my wife and I married she changed her name and filed for a new internal passport, that took 30 days to get, she then applied for her international passport, we paid for expedited processing and that took an additional 2 weeks, it is only after we had all of this done that I filed our I-130 petition.

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23 minutes ago, florida racer 73 said:

My wife is from Ukraine, here they use an internal passport for identification, it is the equivalent to our drivers licenses back home. After my wife and I married she changed her name and filed for a new internal passport, that took 30 days to get, she then applied for her international passport, we paid for expedited processing and that took an additional 2 weeks, it is only after we had all of this done that I filed our I-130 petition.

AH I understand... You can do that paperwork while you're processing the I-130 though.  That normally takes about 6 months. 

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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Filed: IR-1/CR-1 Visa Country: Ukraine
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Just now, NikLR said:

AH I understand... You can do that paperwork while you're processing the I-130 though.  That normally takes about 6 months. 

Yes, you could, but I wanted to have everything correct and matching so there is no possible questions to be asked or delays!

 

In my mind it was just easier to have her documents with the correct name matching all of the forms. I just figured it would be one less question they could ask about why the difference in the last names

 

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