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WassimA

Divorce, new marriage, name change while filing for re-entry permit

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Dear forum members,

 

I am in an incredibly complicated situation and ask for your input.

 

I am a permanent resident and just yesterday had my conditions removed after filing for divorce waiver. In the meantime, actually 2 weeks ago, I got remarried (a lot of things can happen within 15 months of waiting for removal of conditions) and I took my Polish spouse's name. Neither my home country Germany nor the US are currently aware of my name change as I wanted to tackle things just now (returned from honey moon 3 days ago awaiting international marriage license and legalization of marriage certificate).

 

Now, I am getting the new green card with old name. I wanted to go to the German consulate to have the marriage registered and accepted in order to change name on my German passport. In the meantime, I wanted to change SSN and driver's license to the new name. And now to top things of, I need to file for a re=entry permit asap as my employer is sending me on an assignment abroad at the end of October.

 

My questions:

1. Do I have to file for new green card after name change or can I use marriage license and proof of name change in combination with green card?

2. Connected with that, can I use a re-entry permit with old name on green card and re-entry permit without issues after immigrating back in after conclusion of assignment abroad?

3. Can I get a valid driver's license with new name with the help of new SSN, new passport and valid green card with old name on it?

 

I would love to apply for a green card with the new name on it, however there is no way I would get it in time before end of October.

 

Any help is MUCH appreciated.

 

Edited by WassimA

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I got recently divorced but I am in the ROC process. I tried to change my name back to my maiden name and the SSA did not allow me because they told me I need the GC in my new name. So I have to wait until my ROC is approved (hopefully soon fingers crossed)


AOS:

Sent AOS Package: Feb 2014

Received Green Card: September 2014

ROC

Sent JOINT ROC Package: Sep 2016

Divorce: Sep 2017

Request to change to waiver: Sep 2017

Approved, Feb 2018 - No interview or RFE

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3 hours ago, WassimA said:

Dear forum members,

 

I am in an incredibly complicated situation and ask for your input.

 

I am a permanent resident and just yesterday had my conditions removed after filing for divorce waiver. In the meantime, actually 2 weeks ago, I got remarried (a lot of things can happen within 15 months of waiting for removal of conditions) and I took my Polish spouse's name. Neither my home country Germany nor the US are currently aware of my name change as I wanted to tackle things just now (returned from honey moon 3 days ago awaiting international marriage license and legalization of marriage certificate).

 

 

How did you change your name without without notifying the authority.. ?? 

 

I think in US you can't change name without US marriage certificate, Divorce Decree, or Court order. 

 

 

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30 minutes ago, dnp2014 said:

How did you change your name without without notifying the authority.. ?? 

 

I think in US you can't change name without US marriage certificate, Divorce Decree, or Court order. 

 

 

Hi everyone,

 

Thanks for your first answers. I should have mentioned that I got married in Poland so only Poland so far is aware of my name change.

 

I am thinking of not registering my name change in Germany and the US for now and do it at a later time when there is not a million things connected to it.

 

Any ideas, as to whether I have to register my new name? The issue is that the marriage certificate has my new name on it which I will at some point need. 

 

Something I did not mention yet is that I will be filing for the green card for my new spouse asap, as there is about a 2 year wait. They will require the marriage license I'm sure...so complicated.

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22 minutes ago, WassimA said:

Hi everyone,

 

Thanks for your first answers. I should have mentioned that I got married in Poland so only Poland so far is aware of my name change.

 

I am thinking of not registering my name change in Germany and the US for now and do it at a later time when there is not a million things connected to it.

 

Any ideas, as to whether I have to register my new name? The issue is that the marriage certificate has my new name on it which I will at some point need. 

 

Something I did not mention yet is that I will be filing for the green card for my new spouse asap, as there is about a 2 year wait. They will require the marriage license I'm sure...so complicated.

Is the Poland marriage certificate from Government authority.. usually for Govt documents with application you have to submit identification proof. Since you said your original German passport and expired GC is with the old name I was thinking how did you change the name. 

 

Edited by dnp2014

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2 minutes ago, dnp2014 said:

Is the Poland marriage certificate from Government authority.. usually for Govt documents with application you have to submit identification proof. Since you said your original German passport and expired GC is with the old name I was thinking how did you change the name. 

 

I am not sure I can fully follow what you mean, but I will try to answer it as best as I can.

 

I got married in Poland by providing proof of identity from country of citizenship (Germany) and birth certificates etc. On the day of the wedding, they registered our marriage and our new names moving forward. This happened in Poland. Now in Germany, I will have to file for acceptance of Polish marriage decree iby German law and the same (although a little different process) in the US so that both countries have my new name registered. I would get a new passport from Germany and would want to file for a new GC as well.

 

Time doesnt allow for all of that however before assignment in Europe, which is my major problem. 

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1 hour ago, WassimA said:

I am not sure I can fully follow what you mean, but I will try to answer it as best as I can.

 

I got married in Poland by providing proof of identity from country of citizenship (Germany) and birth certificates etc. On the day of the wedding, they registered our marriage and our new names moving forward. This happened in Poland. Now in Germany, I will have to file for acceptance of Polish marriage decree iby German law and the same (although a little different process) in the US so that both countries have my new name registered. I would get a new passport from Germany and would want to file for a new GC as well.

 

Time doesnt allow for all of that however before assignment in Europe, which is my major problem. 

Bit complicated.. If you do the above in Germany now your name on the new passport and GC will be different. You will have issue at the airports. i KNOW its not possible to register your marriage at a German consulate in USA. 

 

The name of a German citizen does not change automatically by marriage alone. Therefore, a name declaration might be necessary as part of the marriage registration before a German passport can be issued in the new name.

 

I think  below idea might work. It will be time consuming 

 

1) Register your marriage certificate in Germany and change your name (but don't get new passport)

2) Go to a nearest court in U.S and change your name. 

3) I-130 have option to list your old name. When you file include copy of the Court Order 

4) Use the court order to change the name on your green card. It will be lengthy process to get the new GC -_-

5) Use the above name change declaration & court order to change your passport name at a German Consulate in U.S

 

Don't do #5 until you get the GC with new name. otherwise you will have a hard time traveling aboard. 

 

 

 

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26 minutes ago, dnp2014 said:

Bit complicated.. If you do the above in Germany now your name on the new passport and GC will be different. You will have issue at the airports. i KNOW its not possible to register your marriage at a German consulate in USA. 

 

The name of a German citizen does not change automatically by marriage alone. Therefore, a name declaration might be necessary as part of the marriage registration before a German passport can be issued in the new name.

 

I think  below idea might work. It will be time consuming 

 

1) Register your marriage certificate in Germany and change your name (but don't get new passport)

2) Go to a nearest court in U.S and change your name. 

3) I-130 have option to list your old name. When you file include copy of the Court Order 

4) Use the court order to change the name on your green card. It will be lengthy process to get the new GC -_-

5) Use the above name change declaration & court order to change your passport name at a German Consulate in U.S

 

Don't do #5 until you get the GC with new name. otherwise you will have a hard time traveling aboard. 

 

 

 

Thanks for your response DNP2014!

 

I could change my name and register marriage in German consulate if I apply for new passport, as they then would have to examine the grounds I do it on. But exactly as you said, the problem of the passport with a different name occurs.

 

So you are basically saying to keep the German passport. My questions are:

1. Is that legal? 

2. As I wont be in the US after going to Europe soon, it would be extremely complicated to fly to Germany and do the name change to come back here and do the name change. If the answer to Q1 is "yes", could I not simply use my Polish marriage certificate (incl. translation and legalization) to change my name in the US (I've read the SSA gives you a new SSN on the basis of that, which I thought was all I need to file for new Green Card).

 

Thanks again!

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10 hours ago, WassimA said:

Dear forum members,

 

I am in an incredibly complicated situation and ask for your input.

 

I am a permanent resident and just yesterday had my conditions removed after filing for divorce waiver. In the meantime, actually 2 weeks ago, I got remarried (a lot of things can happen within 15 months of waiting for removal of conditions) and I took my Polish spouse's name. Neither my home country Germany nor the US are currently aware of my name change as I wanted to tackle things just now (returned from honey moon 3 days ago awaiting international marriage license and legalization of marriage certificate).

 

Now, I am getting the new green card with old name. I wanted to go to the German consulate to have the marriage registered and accepted in order to change name on my German passport. In the meantime, I wanted to change SSN and driver's license to the new name. And now to top things of, I need to file for a re=entry permit asap as my employer is sending me on an assignment abroad at the end of October.

 

My questions:

1. Do I have to file for new green card after name change or can I use marriage license and proof of name change in combination with green card?

2. Connected with that, can I use a re-entry permit with old name on green card and re-entry permit without issues after immigrating back in after conclusion of assignment abroad?

3. Can I get a valid driver's license with new name with the help of new SSN, new passport and valid green card with old name on it?

 

I would love to apply for a green card with the new name on it, however there is no way I would get it in time before end of October.

 

Any help is MUCH appreciated.

 

 

I went through something very similar so let me tell you what I did and hope it helps (you can PM me too).

 

Married in the US in 2014, got conditional GC, divorced in 2015.

Never planned to or changed my name. Filed ROC in December 2015 with divorce waiver.

Remarried in 2016 in Iceland, came back to US, changed name with SSA, then DL, then banks and everything else using Icelandic marriage certificate (which doesn't list a name change - it doesn't have to.)

Divorce waiver approved Feb 2017, have new 10-year GC with maiden name.

My divorce hasn't been adjudicated with Brazilian authorities (bureaucracy!) so I can't register my marriage with Brazil and get a new passport with my new name. I travel a lot internationally so I'm waiting for the passport change to change my GC. Everything but passport, GC, and Global Entry have my new name.

Edited by Mollie09

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7 minutes ago, Mollie09 said:

 

I went through something very similar so let me tell you what I did and hope it helps (you can PM me too).

 

Married in the US in 2014, got conditional GC, divorced in 2015.

Never planned to or changed my name. Filed ROC in December 2015 with divorce waiver.

Remarried in 2016 in Iceland, came back to US, changed name with SSA, then DL, then banks and everything else using Icelandic marriage certificate (which doesn't list a name change - it doesn't have to.)

Divorce waiver approved Feb 2017, have new 10-year GC with maiden name.

My divorce hasn't been adjudicated with Brazilian authorities (bureaucracy!) so I can't register my marriage with Brazil and get a new passport with my new name. I travel a lot internationally so I'm waiting for the passport change to change my GC. Everything but passport, GC, and Global Entry have my new name.

WOW, AWESOME! Can't believe someone went through something similarly complicated as I did!

 

With Global Entry, do you mean Re-Entry Permit (aka White Passport)? Thanks so much Mollie!! Really gives me hope!

Edited by WassimA

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3 minutes ago, WassimA said:

WOW, AWESOME! Can't believe someone went through something similarly complicated as I did!

 

With Global Entry, do you mean Re-Entry Permit (aka White Passport)? Thanks so much Mollie!! Really gives me hope!

 

Global Entry is a CBP program for trusted travelers. I'm a member to make the immigration/customs process at airports easier :)

https://www.cbp.gov/travel/trusted-traveler-programs/global-entry

 

Glad I could help! Let me know if you have more questions.

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8 hours ago, WassimA said:

Something I did not mention yet is that I will be filing for the green card for my new spouse asap, as there is about a 2 year wait.

Filing for a new spouse within 5 years of obtaining LPR status via another marriage can become quite difficult.

 

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-4484.html

See (2)(L), "Marriage within Five Years of Obtaining LPR Status"

 

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-1272.html

"(2) (A) The Attorney General may not approve a spousal second preference petition for the classification of the spouse of an alien if the alien, by virtue of a prior marriage, has been accorded the status of an alien lawfully admitted for permanent residence as the spouse of a citizen of the United States or as the spouse of an alien lawfully admitted for permanent residence, unless-

(i) a period of 5 years has elapsed after the date the alien acquired the status of an alien lawfully admitted for permanent residence, or

(ii) the alien establishes to the satisfaction of the Attorney General by clear and convincing evidence that the prior marriage (on the basis of which the alien obtained the status of an alien lawfully admitted for permanent residence) was not entered into for the purpose of evading any provision of the immigration laws."

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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11 hours ago, geowrian said:

Filing for a new spouse within 5 years of obtaining LPR status via another marriage can become quite difficult.

 

SNIP

 

(ii) the alien establishes to the satisfaction of the Attorney General by clear and convincing evidence that the prior marriage (on the basis of which the alien obtained the status of an alien lawfully admitted for permanent residence) was not entered into for the purpose of evading any provision of the immigration laws."

 

Which surely they have done, by having had the I-751 approved?


CR1 / DCF (London): 2012 / 2013 (4.5 months from I-130 petition to visa in hand)

 

I-751 #1 [Denied]

 

Early May 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
May 2015: Notice of receipt/1yr extension received, dated day of receipt. This was forwarded to me outside the US, and no issues re-entering multiple times.
June 2015: Biometrics completed - walk in / argument, stressing proof of imminent travel and multiple prior inconvenient appointments & reschedules.
May 2016: Vermont Service Centre updated to processing May 2015 cases, therefore my case is now classed as outside normal processing time
May 2016: Service request sent (whatever that is) after calling to find out why I am still waiting after 12 months. Unable to tell me anything.
May 2016: Letter received in response, stating processing is on hold due to 'pending security checks' with no other information. Not helpful.
May 2016: (7am) - Infopass appointment for I-551 Stamp in passport.  (8am) - Returned to USCIS office for another I-551 stamp after realizing the dumbass put the expiry stamp as 2015 not 2017. Two entire passport pages wasted. Cheers. 

Oct 2016: Infopass appointment (not at local office). USCIS have sent my file to an overseas office, in a country that neither myself or my spouse have ever resided in. It has sat there untouched for five months. Why? Who knows. Internal query requesting urgent clarification is sent by USCIS officer.  
Oct 2016: An identical 'pending security check'  letter received, addressing precisely none of my or the immigration officers legitimate queries. 
Nov 2016: Infopass appointment: My file is now back in the US and at my local office...no other updates or progress. 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'       Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance - enough is enough. 
May 2017: Yet another infopass. No updates, interview of further progress. Still no response from Congressperson, Senator, or Ombudsman received. 
June 2017: 68 days after contacting them, the Ombudsman finally contacted USCIS. 'It may take up to 60 days to receive a response'.   
July 2017:  A follow up enquiry sent by Ombudsman to USCIS after receiving no response or action after 45 days. I am Jack's complete lack of surprise. 
August 2017: 60 days has come and gone with no response from USCIS. Contacted the Ombudsman who will contact them AGAIN. 
August 2017: Email from Ombudsman - USCIS have scheduled an interview at the very end of August .  
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
September 2017: Now 4 weeks since interview, my file has not moved from the officers desk, and no decision is showing when I call and speak to a Tier 2.  
September 2017: Request filed for Senator assistance (a different senator - maybe I will get a reply & assistance from this one?). 
October 2017: 37 days since interview....and no decision.  W, and indeed, TF is going on???? 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS

I-751 #2 [Pending] 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  

October 2017: I-797C Receipt/extension letter received, dated day of receipt at VSC 

October 2017: Another I-551 stamp obtained at infopass appointment, as the extension letter is useless with a 2yr card that expired 2.5yrs ago! 

November 2017: Biometrics completed (early walk-in) 

2018: Re-entered US multiple times with second I-751 extension letter & stamp. Quick trip to secondary required to verify, and stamped in as normal

  

N-400 [Pending] 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February 2018: Biometrics completed (walk-in)

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29 minutes ago, mindthegap said:

Which surely they have done, by having had the I-751 approved?

It's a different (higher) bar to overcome: "clear and convincing evidence" is the wording they use.

Having completed ROC is definitely a plus, but does not guarantee anything for this circumstance.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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