Married or Maiden name on i-130 forms

[Nick1027 3]

Hey Everybody

 

starting to fill out the I-130 form for my wife. I plan on filing this hopefully in the middle of June by the time i get everything completed. I am waiting that long because i am trying to find out if we need to change her name on here passport and file under her married name rather than her maiden name. if we file under her married name, will we run into problems with her birth certificate attached as it is her maiden name? 

 

I know that if we file under her maiden name, her green card, visa etc.. will be under that name and not her married name (which we want under her married name). If so, we definitely need to get her a new passport with her updated name and then i'm assuming we would file everything with her married name. or do we file under her maiden name and then name change when everything is processed. any help would be appreciated!

 

 

[Georgia16 2,858]

If she will be taking your name then you file everything under the new married name.

[Nick1027 3]

7 minutes ago, Georgia16 said:

If she will be taking your name then you file everything under the new married name.

so we need to change her passport before we file, correct?

[Georgia16 2,858]

Just now, Nick1027 said:

so we need to change her passport before we file, correct?

No you don't have to but might get easier in the future if you do but your don't have to.

[Nick1027 3]

1 minute ago, Georgia16 said:

No you don't have to but might get easier in the future if you do but your don't have to.

 im trying to find out what the best way to do this is.... so what you are saying is that i can file under her married name, but her passport will say her maiden name..... 

[LaurenAndBrent 61]

We filed in January like 2 weeks after we got married and we filed using my married name. I haven't changed my passport and won't be changing it until it's due for renewal (in 3 years). It isn't a problem. Just make sure to put maiden name in any part that asks for names previously known by etc. Marriage certificate will reflect the change of name as it should have the maiden one on there and will have your last name too. They'll work it out. 

[Georgia16 2,858]

Just now, Nick1027 said:

 im trying to find out what the best way to do this is.... so what you are saying is that i can file under her married name, but her passport will say her maiden name..... 

Yes.

 

It it was me I would just have changed her passport now to new name also so it won't have to deal with that at the embassy of her country in the US later. But you can file now the passport is not needed until the interview in a year.

[Nick1027 3]

i just went over all of the documents needed for the package and did realize that the passport was not needed until later on. My thing is if we change her name on the passport, drivers license and her Nexus card, will she get hassled at the border? We married on paper last week so we do have the marriage cert that shows her with her married name.

 

just want to make sure that she will not get hassled too much where she wont get allowed in for the actual wedding in October!

[Georgia16 2,858]

2 minutes ago, Nick1027 said:

i just went over all of the documents needed for the package and did realize that the passport was not needed until later on. My thing is if we change her name on the passport, drivers license and her Nexus card, will she get hassled at the border? We married on paper last week so we do have the marriage cert that shows her with her married name.

 

just want to make sure that she will not get hassled too much where she wont get allowed in for the actual wedding in October!

Why should she be that? ... Tons of people get married and some change their things to new name and other don't

[Ryan H 3,812]

Used the married name on all paperwork; update the passport when convenient but before the interview.

[LaurenAndBrent 61]

16 hours ago, Ryan H said:

Used the married name on all paperwork; update the passport when convenient but before the interview.

Is this a necessity? I wasnt going to update my passport until it was due for renewal... 

[kat2017 5]

On 5/2/2017 at 7:57 AM, Nick1027 said:

Hey Everybody

 

starting to fill out the I-130 form for my wife. I plan on filing this hopefully in the middle of June by the time i get everything completed. I am waiting that long because i am trying to find out if we need to change her name on here passport and file under her married name rather than her maiden name. if we file under her married name, will we run into problems with her birth certificate attached as it is her maiden name? 

 

I know that if we file under her maiden name, her green card, visa etc.. will be under that name and not her married name (which we want under her married name). If so, we definitely need to get her a new passport with her updated name and then i'm assuming we would file everything with her married name. or do we file under her maiden name and then name change when everything is processed. any help would be appreciated!

 

 

Hi ,what country is your spouse from?

in my case our attorney recommended to do it under my maiden name because mexico will not change your name on your passport even if you want to. then your passport and residency card will have different last names. If her country allows to change names then definitely go for it, it would be waaay easier.

[Ryan H 3,812]

8 hours ago, LaurenAndBrent said:

Is this a necessity? I wasnt going to update my passport until it was due for renewal... 

 

If you want your Green Card to be in your married name, you will need to update your passport prior to your interview because the visa will be issued in the name that is on the passport and the Green Catd will be issued in the name that is on the visa.

[LaurenAndBrent 61]

9 hours ago, Ryan H said:

 

If you want your Green Card to be in your married name, you will need to update your passport prior to your interview because the visa will be issued in the name that is on the passport and the Green Catd will be issued in the name that is on the visa.

Ah okay, thank you! I hadn't realised this but I guess it totally makes sense. I have actually just submitted an application to renew my passport and change my name off the back of this message so thank you for keeping me right!