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northwest-boys

Fiance' and I want to pick a new last name together - Help!

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Hopefully this is in the correct forum, I apologize if not.

 

My fiance' and I are currently going through the K-1 Visa process. My fiance' is going to have his medical exam and interview with the embassy soon, but we are trying to get a head start on preparing for the next steps!

 

We had talked about it and liked the idea of choosing a new last name together, not using either of our current last names. I've researched the process of changing a last name for the beneficiary via the marriage license, but I also believe that only applies if he wants to change his last name to whatever mine is at the time of completing the marriage license.

 

Would the best way to go about it be for me to legally change my name prior to us getting married? Or are there some other options we're not thinking of? We would truly appreciate the help!

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Only option would be via a court order. The process for that varies based on state/country/city where you would have it performed.

 

6 minutes ago, northwest-boys said:

I've researched the process of changing a last name for the beneficiary via the marriage license, but I also believe that only applies if he wants to change his last name to whatever mine is at the time of completing the marriage license. 

Correct. Various forms of name changes are permitted due to marriage, but changing of one's last name (except possibly a hyphenation of both last names, which is allowed in some states) is not one supported by any state that I know of or heard of.


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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1 minute ago, geowrian said:

Only option would be via a court order. The process for that varies based on state/country/city where you would have it performed.

 

Correct. Various forms of name changes are permitted due to marriage, but changing of one's last name (except possibly a hyphenation of both last names, which is allowed in some states) is not one supported by any state that I know of or heard of.

My only concern then is that me changing my last name now could have some affect on the visa process. Can I simply send my fiance' a copy of the court order after the name change for him to take with him, or would it be best to wait until after the K-1 is finalized?

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11 minutes ago, northwest-boys said:

Hopefully this is in the correct forum, I apologize if not.

 

My fiance' and I are currently going through the K-1 Visa process. My fiance' is going to have his medical exam and interview with the embassy soon, but we are trying to get a head start on preparing for the next steps!

 

We had talked about it and liked the idea of choosing a new last name together, not using either of our current last names. I've researched the process of changing a last name for the beneficiary via the marriage license, but I also believe that only applies if he wants to change his last name to whatever mine is at the time of completing the marriage license.

 

Would the best way to go about it be for me to legally change my name prior to us getting married? Or are there some other options we're not thinking of? We would truly appreciate the help!

We both changed our last names via marriage license. But I don’t know the details or regulations on it. So maybe asking your country clerk directly may be a good idea?


Check your case status at the new website : https://myaccount.uscis.dhs.gov

USPS INFORMED DELIVERY https://informeddelivery.usps.com/box/pages/intro/start.action

 

How to talk to a live person at USCIShttps://goo.gl/54z5bZ

What to do after NOA2 Approval? How to contact NVCClick here for info - https://goo.gl/KggThF

If you cannot get NVC on the phone try this - https://secureforms.travel.state.gov/ask-nvc.php

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6 minutes ago, Naes said:

We both changed our last names via marriage license. But I don’t know the details or regulations on it. So maybe asking your country clerk directly may be a good idea?

You just wrote a new last name for both of you on the license? I was under the impression that wasn't an option.

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11 minutes ago, northwest-boys said:

You just wrote a new last name for both of you on the license? I was under the impression that wasn't an option.

Yes we did. I believe it was ok as long as it was the same new last name for both of you.


Check your case status at the new website : https://myaccount.uscis.dhs.gov

USPS INFORMED DELIVERY https://informeddelivery.usps.com/box/pages/intro/start.action

 

How to talk to a live person at USCIShttps://goo.gl/54z5bZ

What to do after NOA2 Approval? How to contact NVCClick here for info - https://goo.gl/KggThF

If you cannot get NVC on the phone try this - https://secureforms.travel.state.gov/ask-nvc.php

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To officially and legally change one's name usually requires going before the court. https://statelaws.findlaw.com/washington-law/how-to-change-your-name-in-washington.html If the name change is for personal reasons, it's going to require a petition through the court system. Here's some official guidance for WA: https://depts.washington.edu/qcenter/wordpress/legal-name-change-in-wa-state/ 


K-1 - AOS & ROC Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo) 8/13/18 (18 mo)  - Bio: 6/27/18

 

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Yeah, Our change was probably possible due to the California state name change regulations...


Check your case status at the new website : https://myaccount.uscis.dhs.gov

USPS INFORMED DELIVERY https://informeddelivery.usps.com/box/pages/intro/start.action

 

How to talk to a live person at USCIShttps://goo.gl/54z5bZ

What to do after NOA2 Approval? How to contact NVCClick here for info - https://goo.gl/KggThF

If you cannot get NVC on the phone try this - https://secureforms.travel.state.gov/ask-nvc.php

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7 minutes ago, yuna628 said:

To officially and legally change one's name usually requires going before the court. https://statelaws.findlaw.com/washington-law/how-to-change-your-name-in-washington.html If the name change is for personal reasons, it's going to require a petition through the court system. Here's some official guidance for WA: https://depts.washington.edu/qcenter/wordpress/legal-name-change-in-wa-state/ 

Thanks! I'd already found both of these resources, I'm not too confused about the actual process of me doing it. More just worried about how it interacts with our K-1 visa and the AOS.

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2 minutes ago, northwest-boys said:

Thanks! I'd already found both of these resources, I'm not too confused about the actual process of me doing it. More just worried about how it interacts with our K-1 visa and the AOS.

We weren’t sure if they would let us have the name we needed too. So I checked court name changes first (it was too expensive for my taste :) ) 

 

In our case we didn’t want the extra trouble for k1. So we were going to wait until after I get the k1 to change his official name. (This is before we learnt we can both just change it with the license) 

 

my suggestion would be after k1 is granted before the wedding.

 

do not forget to add your legal name change documents with the AOS papers though. As it won’t be through the license you would probably need to add the court papers too.


Check your case status at the new website : https://myaccount.uscis.dhs.gov

USPS INFORMED DELIVERY https://informeddelivery.usps.com/box/pages/intro/start.action

 

How to talk to a live person at USCIShttps://goo.gl/54z5bZ

What to do after NOA2 Approval? How to contact NVCClick here for info - https://goo.gl/KggThF

If you cannot get NVC on the phone try this - https://secureforms.travel.state.gov/ask-nvc.php

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4 minutes ago, Naes said:

We weren’t sure if they would let us have the name we needed too. So I checked court name changes first (it was too expensive for my taste :) ) 

 

In our case we didn’t want the extra trouble for k1. So we were going to wait until after I get the k1 to change his official name. (This is before we learnt we can both just change it with the license) 

 

my suggestion would be after k1 is granted before the wedding.

 

do not forget to add your legal name change documents with the AOS papers though. As it won’t be through the license you would probably need to add the court papers too.

Yeah I think this might be our best option, after the K-1 is issued but before the wedding. Thank you! Helps to get other people to back up your ideas haha.

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1 minute ago, northwest-boys said:

Helps to get other people to back up your ideas haha.

I know that feeling :)

 

Good luck!


Check your case status at the new website : https://myaccount.uscis.dhs.gov

USPS INFORMED DELIVERY https://informeddelivery.usps.com/box/pages/intro/start.action

 

How to talk to a live person at USCIShttps://goo.gl/54z5bZ

What to do after NOA2 Approval? How to contact NVCClick here for info - https://goo.gl/KggThF

If you cannot get NVC on the phone try this - https://secureforms.travel.state.gov/ask-nvc.php

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After we filed for K-1, I (the petitioner) legally changed my name to my maiden name via court order. It wasn’t too difficult and I did it myself. When we got married, my husband changed his name to my last name. We then filed for AOS and both filled in the paperwork with our new last name. We included my court order, our marriage certificate, and his new social security card and driver license. We never had a problem at all. We just received his green card yesterday with his correct name. It has been a long journey, but, well worth it. Good luck to you two. Stay strong and patient!  

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I would advise waiting to do this in the future. The only way to do this is to apply for it in the courts. This isn’t something that’s done in just a few weeks. It takes a while to do it. You don’t wanna wait to file for AOS because you’re waiting a name change that you can put off a while. The sooner you apply for AOS the better because it’s taking longer and longer for it each week that goes by. You might be waiting a long time to change your name and you won’t be able to get married or file AOS until you do according to your plan. 

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