Just married - Passport name needs to be changed?

[SilvaLi 0]

Hello everyone.

My husband and I got married in Brazil, last July.  I'm a Green Card holder (permanent resident).  As soon as I got back to the U.S., I applied for his immigration petition.  He already has a receipt number, as well as priority date.
We just bought his flight ticket to the U.S. in order to visit me in december, so that we can spend Christmas together.
He changed his surname position on his birth certificate just before our marriage (because I want it to be our family name): He placed his middle name at the end of it, being now his last name (e.g.:  "John Smith Mclane"  changed to  "John Mclane Smith").   Our marriage certificate applied for the petition is accordingly with it (his new name).
However, his passport and tourist Visa contains his previous surname's order. 
Both names were informed in the Forms (I-130, I-130a), as maiden name and married name.We filled his flight ticket according to his passport and tourist Visa (maiden name).

Since I will already have started his immigration petition under his new name, we don't want it to be an issue for him when passing through the immigration to visit me.

Does he have to change his surname on his passport - updating it -  before he comes in December?   Or it will be enough if he just carry our marriage certificate, in case of an issue?  His passport and tourist visa only expire in 2021.

Thank you so much in advance, for any and all responses.

 

[Longingfor 195]

If he travels under the old name he will not have an issue because the passport and Visa are saying the same thing.

If he changes his passport to his new name then your husband also needs new a US B1/B2 visa. 

Please check with relevant agencies before making final plans as this will have an adverse effect.

 

[SilvaLi 0]

17 hours ago, Longingfor said:

If he travels under the old name he will not have an issue because the passport and Visa are saying the same thing.

If he changes his passport to his new name then your husband also needs new a US B1/B2 visa. 

Please check with relevant agencies before making final plans as this will have an adverse effect.

 

Thank you for your prompt response!

 

Indeed, I does make sense that it will be better if he doesn't make any change on his passport and tourist visa, considering that both match with each other.  :-)

What if the immigration officer make a search in their data and notice that he (my husband) has an immigration petition in progress, and changed his surname's position in it?   If this happen, do you think it will be an issue?

 

Thank you so much!

[Longingfor 195]

1 hour ago, SilvaLi said:

Thank you for your prompt response!

 

Indeed, I does make sense that it will be better if he doesn't make any change on his passport and tourist visa, considering that both match with each other.  :-)

What if the immigration officer make a search in their data and notice that he (my husband) has an immigration petition in progress, and changed his surname's position in it?   If this happen, do you think it will be an issue?

 

Thank you so much!

I don't think that uscis uploads petition to CBP system. If asked he should answer truthfully that his wife has petition for him and that he is doing consular processing. I hope you both sort out the name issue because if my memory serve me right I had to submit copy of my passport to uscis. I hope you submitted name change documentation with your application. You will need to change the passport because it has to correspond with name on the immigration visa. 

[SilvaLi 0]

On 16/10/2017 at 2:10 PM, Longingfor said:

I don't think that uscis uploads petition to CBP system. If asked he should answer truthfully that his wife has petition for him and that he is doing consular processing. I hope you both sort out the name issue because if my memory serve me right I had to submit copy of my passport to uscis. I hope you submitted name change documentation with your application. You will need to change the passport because it has to correspond with name on the immigration visa. 

Hi my friend,  thank you so much for your reply!

 

We applied for his petition just two months ago and in this first stage of the process (according to the opening requirements), we didn't  submit any passport or Visa copy yet but the numbers, filled in on the I-130 form.

I imagine that we still will be asked for those copies, during the next steps. If I recall correctly, in my petition, I had to submit it afterwards, not at the very begining.  

Then, our bigger issue is:  when shall he change/update  his passport and Visa?     Do you have any idea?  Sorry for all these questions and for taking too much of your time... I really appreciate your goodwill !

[Longingfor 195]

50 minutes ago, SilvaLi said:

Hi my friend,  thank you so much for your reply!

 

We applied for his petition just two months ago and in this first stage of the process (according to the opening requirements), we didn't  submit any passport or Visa copy yet but the numbers, filled in on the I-130 form.

I imagine that we still will be asked for those copies, during the next steps. If I recall correctly, in my petition, I had to submit it afterwards, not at the very begining.  

Then, our bigger issue is:  when shall he change/update  his passport and Visa?     Do you have any idea?  Sorry for all these questions and for taking too much of your time... I really appreciate your goodwill !

I am not sure when would be the best time to update the passport. You will need to do some research on that and then decide on the best course of option. What I do know for sure is that there will be a charge to change the visa to new name and it is most likely the same fee as applying for a visitor visa. 

[SilvaLi 0]

On 21/10/2017 at 12:22 AM, Longingfor said:

I am not sure when would be the best time to update the passport. You will need to do some research on that and then decide on the best course of option. What I do know for sure is that there will be a charge to change the visa to new name and it is most likely the same fee as applying for a visitor visa. 

Thank you so much for your comments.   We will proceed with it and do the research regarding the better moment for updating his docs.   I'll get back to this topic in case of any other inquiry related to these issues.   Have a blessed week!