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vitamincee

Questions about name change (FIRST and LAST)

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Hello,

My partner wants to take my last name when we get married, but ALSO change his first name and drop his middle name completely. He's from Australia and I live in Oregon. He's still in Australia, we have our NOA2 and our interview should be sometime end of next month.

 

1) Should he change his first name now and get and updated passport in Australia? Would he encounter issues with his name not matching the application, or would the name change document be enough at the interview? Should he also just take my last name now as well, to not duplicate a step (and not have to get an additional passport change!)

 

2) If not, can he change his name after he's here? Can non-residents change their first names? Would he have to do that in Australia via post or via embassy and then get an updated passport on the Australian side and use that to change his info with the USCIS while here? 

 

Will this screw up the process completely and put us in a weird legal limbo? We don't want to screw up this process at all.

 

Thank you!

 

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***Moved from K1 Process & Procedures to General Immigration-Related Discussion.***

 

**Moderator hat off**

 

On ‎10‎/‎17‎/‎2018 at 8:53 PM, vitamincee said:

1) Should he change his first name now and get and updated passport in Australia? Would he encounter issues with his name not matching the application, or would the name change document be enough at the interview? Should he also just take my last name now as well, to not duplicate a step (and not have to get an additional passport change!)

 

Has the DS-160 been completed yet?  If so, it may be better to hold off for matters of convenience on your end.  I can't speak to any issues you may or may not encounter if a name change occurs after the DS-160 has been completed.  If the DS-160 has not yet been completed, then go ahead with the name change if desired.  One thing to consider is this; if he takes your last name now, it could make a CO wonder and/or come to the wrong conclusion that you have married already and are not eligible for a K1.  For purposes of erring on the side of caution, I would suggest not taking your last name at this juncture.

 

 

On ‎10‎/‎17‎/‎2018 at 8:53 PM, vitamincee said:

2) If not, can he change his name after he's here? Can non-residents change their first names? Would he have to do that in Australia via post or via embassy and then get an updated passport on the Australian side and use that to change his info with the USCIS while here? 

 

This may be easier.  When you fill out marriage certificate paperwork, he will have the opportunity to take your last name, drop the middle name, and use a new first name.  Once that certificate is filed and recorded, he will be able to use that name from that point forward on paperwork for immigration or other matters; he would have to still list his old names in the "other names used" when it asked for.  For updating his Australia passport, he would have to follow procedures for how Australian citizens who live abroad would go about doing that.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Thanks for the reply! 

 

The DS-160 has not yet been completed. My state marriage license doesn't allow for first/middle name changes at marriage, only last name. So I think we'll just change the last name at marriage, and deal with the first name later down the road, as this all sounds so complicated.

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