Wanting to use husband's surname in the USA

[Redro 4,601]

My husband and I got married in the States. When I signed the marriage certificate the woman helping us told me I should change my name to my husband's because if I wanted to assume his name later I would have the marriage certificate as proof of name change. 

 

 We still live abroad and I have not changed my name in my home country or in the country we currently live in but the plan is to use my husband's name in the States. 

When filling out Form I-130 should I write the name I intend to use in the States? Should I apply for a new passport with name change? Is it possible to have a different name in the States and in my home country?

[Paulonto 29]

2 minutes ago, planningahead said:

When filling out Form I-130 should I write the name I intend to use in the States? 

As far as I understand it, you have to declare the truth as it stands on the day you sign the form, not as it will stand or may stand. Your current passport name is the correct one to use, and the only one to use.

[Roel 7,191]

Put the name you want to use. That way your green card will arrive with your married name on it. Same with ssn card.

 

On the form there is a place for other names you used, put the maiden name there. 

 

You can change your passport. That's up to you. When traveling to the States on old passport, take your marriage certificate to the airport also. 

 

You can absolutely have 2 different names in two different countires. For example, I filed my AOS from k1 in married name but back in my country I'd have to go through a procedure to make my foreign marriage recognized in order to apply for new passport or ID. (I don't bother with it though). 

Edited July 29, 2018 by Roel

[Paulonto 29]

1 hour ago, Paulonto said:

As far as I understand it

I'm sure not enough 😊

[Crazy Cat 39,405]

2 hours ago, Paulonto said:

As far as I understand it, you have to declare the truth as it stands on the day you sign the form, not as it will stand or may stand. Your current passport name is the correct one to use, and the only one to use.

The marriage certificate is a legal name change.  The married name should be used for the I-130 imo. Otherwise, her visa and, subsequently, the Green Card could be issued in her maiden name.  If I were the OP, I would use my married name for the I-130 and get a passport with my married name (or carry my marriage certificate as @Roel stated).

As @Roel said, you can use your married name on the I-130 while indicating your other names in the "AKA" fields.

[Paulonto 29]

5 minutes ago, missileman said:

The marriage certificate is a legal name change.  The married name should be used for the I-130 imo. Otherwise, her visa and, subsequently, the Green Card could be issued in her maiden name.  If I were the OP, I would use my married name for the I-130 and get a passport with my married name (or carry my marriage certificate as @Roel stated).

As @Roel said, you can use your married name on the I-130 while indicating your other names in the "AKA" fields.

Thank you!

We changed my wife's name on her passport first to make sure things were kept simple and accurate and smooth and easy 😁

[Diane and Chris 651]

When my husband and I married, he took my last name. He had received his SS card prior to marriage. After we married we took the marriage certificate to SS and changed his name and we filed AOS with his new name. He also changed his name through the Swiss Embassy so it would be official in Switzerland. We opted not to get a new passport as we will not be traveling out of the country. So definitely, you should file with her new name and just include the marriage certificate with all the paperwork. Best of luck to you two!  

[BlueDevil1442 23]

The visa and green card will come on the name on the passport no matter what you put in the visa application. Follow Missleman's advice.