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WassimA

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

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Filed: F-2A Visa Country: Germany
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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 ROC Package: Sep 2016

Approved: Feb 2018 

N400:

Filed: 7/9/19 online

Bios: 7/29/19

Interview: 12/10/19

Oath: 01/07/2020

 

July 2019  N400 spread sheet: https://docs.google.com/spreadsheets/d/19rv0w-Ls_-225a0AqzhsTObXb2DcT07oACpdIHhn9dE/edit

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Filed: Lift. Cond. (apr) Country: India
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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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Filed: F-2A Visa Country: Germany
Timeline
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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Filed: Lift. Cond. (apr) Country: India
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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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Filed: F-2A Visa Country: Germany
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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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Filed: Lift. Cond. (apr) Country: India
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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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Filed: F-2A Visa Country: Germany
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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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Filed: Citizen (apr) Country: Brazil
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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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Filed: F-2A Visa Country: Germany
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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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Filed: Citizen (apr) Country: Brazil
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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:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: 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 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
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
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

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.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

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

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

 I-751 Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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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:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: 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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