Can someone please help me??? - Divorce pending after filed I-751 and name change

[Texas2016 18]

Good morning everyone,

I filed for my I-751 application in September and we filed for divorce in November. In Texas there is a 60-days waiting period which will mean that in January everything will be finalized. In the divorce papers, I did mention that I want to change my last name back to my maiden name. I filed the I-751 with my married name. My 18-month extension letter is also in my married name. What do I do? I am so scared that after January, I can no longer travel because my name will be changed and the 18-month extension letter is in my married name and so will be the Green Card.

I am going to send a letter to USCIS in January once I have the divorce decree. I also have a letter from our marriage counselor as proof that we did try to work to save our marriage.

Please help me.

Thanks.

Texas2016

[Wuozopo 4,285]

My American and Texan wife's comment is that name usage is not quite as formalized to "one and only one official name". She has slight variation of names on financial accounts, social security, driver license. passport, stock certificates, credit card, etc.  It may be a process to fully switch over to a new last name, but she doubts you will have to end all travel the day your divorce is final.

 

The removing conditions takes forever to complete. Meanwhile your greencard/extension has old name. If you want a new greencard for a short time while you wait on the one being processed now,  you'll have to pay over $400. But if you continue to book travel with your current passport or ID name you will be fine. Because you are an immigrant, the Texas DPS will not give you a new driver license unless it matches USCIS's database. Social Security will do same. You may just want to keep that as is instead of paying $455 for an early name change. Maybe push the notification out a year to change the name on the new 10-yr card. Then Social Security and TX-DPS will change yours to match Immigration. Meanwhile you could use your newly divorced name on your correspondence, checks, work, play, introducing yourself.  It's tricky,  but the name transition may not be complete in every instance on the day your divorce is final but will evolve over many months. Or just spend the money to get a new greencard name (after waiting months) prior to getting one free when the 10-year card arrives.

 

Hope that gave you some things to think about as you make a plan.

Edited December 12, 2018 by Wuozopo

[Texas2016 18]

Good morning Wuozopo,

Thank you so much for your message. I really appreciate your response and that you are so helpful.

I do have a couple more questions about what you said. When I get my divorce decree, which will inform them that I have asked the judge to change my name back to my maiden name, I am going to be sending that to USCIS with a letter asking them to change my application to a divorce waiver instead of joint filed. I will also include a letter from our marriage counselor. Do you think that they will then use my maiden name once I would get my 10-year Green Card or would I still have to adjust it after I receive it with my married name?

You said "maybe push the notification out a year to change the name on the new 10-yr card." What do you mean with notification?

So you think it will not be problem to have my 18-month extension letter on my married name, but then at work, after the divorce I would be in their system with my maiden name? Would that not cause issues with tax filing in 2020 and with social security?

Kind regards,

Texas2016
 

[Texas2016 18]

1 hour ago, Wuozopo said:

My American and Texan wife's comment is that name usage is not quite as formalized to "one and only one official name". She has slight variation of names on financial accounts, social security, driver license. passport, stock certificates, credit card, etc.  It may be a process to fully switch over to a new last name, but she doubts you will have to end all travel the day your divorce is final.

 

The removing conditions takes forever to complete. Meanwhile your greencard/extension has old name. If you want a new greencard for a short time while you wait on the one being processed now,  you'll have to pay over $400. But if you continue to book travel with your current passport or ID name you will be fine. Because you are an immigrant, the Texas DPS will not give you a new driver license unless it matches USCIS's database. Social Security will do same. You may just want to keep that as is instead of paying $455 for an early name change. Maybe push the notification out a year to change the name on the new 10-yr card. Then Social Security and TX-DPS will change yours to match Immigration. Meanwhile you could use your newly divorced name on your correspondence, checks, work, play, introducing yourself.  It's tricky,  but the name transition may not be complete in every instance on the day your divorce is final but will evolve over many months. Or just spend the money to get a new greencard name (after waiting months) prior to getting one free when the 10-year card arrives.

 

Hope that gave you some things to think about as you make a plan.

 

[Wuozopo 4,285]

1 hour ago, Texas2016 said:

Good morning Wuozopo,

Thank you so much for your message. I really appreciate your response and that you are so helpful.

I do have a couple more questions about what you said. When I get my divorce decree, which will inform them that I have asked the judge to change my name back to my maiden name, I am going to be sending that to USCIS with a letter asking them to change my application to a divorce waiver instead of joint filed. I will also include a letter from our marriage counselor. Do you think that they will then use my maiden name once I would get my 10-year Green Card or would I still have to adjust it after I receive it with my married name?

You said "maybe push the notification out a year to change the name on the new 10-yr card." What do you mean with notification?

 I meant not inform USCIS in January....but drag it out. I have no idea how that works exactly. Meanwhile work payroll can probably switch you to new name. It's almost like the everyday-you and the immigrant-you might have to be different in the interim just because of the timing of the I-751. You can probably call HR and get some help on that. Or get a new name badge at least. Payroll uses SSN for reporting wages to IRS. So if SSA won't change your name until immigration puts your greencard in that name....what happens??? My wife whom is so laid back says she would have no problem if her tax return said "old married name" one more year. Your SSN is the real identifier so as long as everything is under that number, it's not going to get mixed up. As many times as people get married and divorced, I would think it's not an unusual situation to have tax returns and wages reported under many different names, BUT it's always the same SSN that glues it together.  When we married, my wife said she hoped I wasn't offended, but she was sticking with her old married name because there were just too many places she would have to change it. 😂

Edited December 12, 2018 by Wuozopo

[Texas2016 18]

8 minutes ago, Wuozopo said:

 I meant not inform USCIS in January....but drag it out. I have no idea how that works exactly. Meanwhile work payroll can probably switch you to new name. It's almost like the everyday-you and the immigrant-you might have to be different in the interim just because of the timing of the I-751. You can probably call HR and get some help on that. Or get a new name badge at least. Payroll uses SSN for reporting wages to IRS. So if SSA won't change your name until immigration puts your greencard in that name....what happens??? My wife whom is so laid back says she would have no problem if her tax return said "old married name" one more year. Your SSN is the real identifier so as long as everything is under that number, it's not going to get mixed up. As many times as people get married and divorced, I would think it's not an unusual situation to have tax returns and wages reported under many different names, BUT it's always the same SSN that glues it together.  When we married, my wife said she hoped I wasn't offended, but she was sticking with her old married name because there were just too many places she would have to change it. 😂

Good afternoon Wuozopo,

Thank you again for your response.

I have to inform UCSIS in January, because they need to be aware that we have gotten divorced and thus my legal status has changed. If I do not tell them this can cause issues later down the line and it can be considered fraud, so I will have to inform them. That is why I am curious how to handle the name change. I am so lost 😞

[Texas2016 18]

Is there anyone else who has thoughts about this? I am having a minor freak out because of this.

[Wuozopo 4,285]

4 hours ago, Texas2016 said:

I have to inform UCSIS in January, because they need to be aware that we have gotten divorced and thus my legal status has changed. If I do not tell them this can cause issues later down the line and it can be considered fraud, so I will have to inform them. That is why I am curious how to handle the name change. I am so lost 😞

 

Explain what you mean by legal status. I hadn't considered it that way....that  the minute you get divorced, your status as a greencard holder extended i to 2020 is changed?? What are you then next month? Does divorce revoke your immigration and extension?  I do not mean go all the way past approval posing as a joint filer who is married.  I guess I was thinking more on the lines of switching slightly later when somebody might be closer to pulling it out of a dusty box and reading it.  I have no answer, just thinking out loud mostly. Where's all the brainy people who always know the answer and comment? Hello...anybody there?

Edited December 12, 2018 by Wuozopo

[Texas2016 18]

1 hour ago, Wuozopo said:

 

Explain what you mean by legal status. I hadn't considered it that way....that  the minute you get divorced, your status as a greencard holder extended i to 2020 is changed?? What are you then next month? Does divorce revoke your immigration and extension?  I do not mean go all the way past approval posing as a joint filer who is married.  I guess I was thinking more on the lines of switching slightly later when somebody might be closer to pulling it out of a dusty box and reading it.  I have no answer, just thinking out loud mostly. Where's all the brainy people who always know the answer and comment? Hello...anybody there?

I mean the legal status of being married, single, divorced, widow etc. USCIS needs to be notities of this. It will not necessarily get me rejected for the renewal Green Card, because it was a bonafide marriage, but they do need to be told what happened and that my legal status has changed. I am just worried that because my official name will be changed back to my maiden name, whether my 18-month extension letter will still be valid with my married name and whether my new Green Card would be with my married or maiden name after I send the divorce decree, because originally I filed with my married name since we were married at the time of filling. Yes, please can all the experienced people on the forum also help me please?

[Villanelle 4,121]

Its not as complicated as you are imagining it to be.

 

After you get a final divorce decree that states you are going back to your maiden name- send it in to USCIS with a letter saying you want to switch to a waiver and want to use the maiden name for your new 10yr GC when approved. You can also send in any extra evidence you have for ROC.

 

If you do not ask to change your name on the new GC they will use your married name and you will have to pay about 600$ to get a new card with the maiden name after you get the married name card. Thats a waste of time and money. Getting a name changed GC or any reason replacement GC takes about 9 months on average. Theres no need to get a divorce waiver 10yr GC with an old married name if you intend on using your maiden name again.

 

Yes, there are other things that will need to be changed like DL and SSN. Each agency requires different things to change your name back to maiden. Some want the GC, so for those you will have to wait until you have the GC in hand. (so again getting the married name and then waiting an additional  months for a name correction is foolish).

 

Also- BOTH your married name and your maiden name are considered LEGAL- you are allowed to use either. Most people like to have all their IDs matching because its easier. Find out what your local DMV needs to give you an ID in maiden name. I believe SS will want your GC, so if DMV wants GC or SS you will have to wait to change the DL.

 

Speak to your HR dept about what they want to change your name, they may change your name based on divorce or will say you have to wait until you have a GC or SS card or DL. 

[Wuozopo 4,285]

Texas DPS (driver license) uses S.A.V.E. database to verify Immigrant status like Social Security does. I was required to be issued a new license when my  immigration status changed (and Documents) because immigration used various versions of no middle initial(first SSN), middle initial( greencard), then fully spelled out name  on my naturalization certificate.  Both places told me they had to issue new card/driver license, and they did. So I am pretty confident you will not get a new license based on a divorce signed by the county judge when you are not a USC.  They will go by what is in SAVE database. You would have to pay for a name changed greencard and wait most of a year to receive it before you could have a new DL. Then it would be replaced in a few more months by the 10-yr card. That's why I said you may be traveling with your married name for awhile on old greencard, letter or domestically with old name DL.

 

 

Edited December 13, 2018 by Wuozopo

[Maxheadspace 48]

20 hours ago, Texas2016 said:

Good morning everyone,

I filed for my I-751 application in September and we filed for divorce in November. In Texas there is a 60-days waiting period which will mean that in January everything will be finalized. In the divorce papers, I did mention that I want to change my last name back to my maiden name. I filed the I-751 with my married name. My 18-month extension letter is also in my married name. What do I do? I am so scared that after January, I can no longer travel because my name will be changed and the 18-month extension letter is in my married name and so will be the Green Card.

I am going to send a letter to USCIS in January once I have the divorce decree. I also have a letter from our marriage counselor as proof that we did try to work to save our marriage.
 

 

First, if you change your name you can still travel.  Just keep a copy of the legal document that reflects change of name and show it whenever you show your green card.  My wife has to do that because some of her documents are still in her previous name.  But I have to say, it's a red flag that you file for divorce only two months after submitting all the I-751 documentation proving that you have a bona fide married relationship.  Not passing judgment, I'm sure your marriage was true.  It's just a perception issue.  Best of luck!

[Georgia16 2,858]

1 hour ago, Maxheadspace said:

 

First, if you change your name you can still travel.  Just keep a copy of the legal document that reflects change of name and show it whenever you show your green card.  My wife has to do that because some of her documents are still in her previous name.  But I have to say, it's a red flag that you file for divorce only two months after submitting all the I-751 documentation proving that you have a bona fide married relationship.  Not passing judgment, I'm sure your marriage was true.  It's just a perception issue.  Best of luck!

She could have filed for ROC on her own with a divorce waiver so no red flag for that. 

[Mollie09 1,543]

11 hours ago, Damara said:

Its not as complicated as you are imagining it to be.

 

After you get a final divorce decree that states you are going back to your maiden name- send it in to USCIS with a letter saying you want to switch to a waiver and want to use the maiden name for your new 10yr GC when approved. You can also send in any extra evidence you have for ROC.

 

If you do not ask to change your name on the new GC they will use your married name and you will have to pay about 600$ to get a new card with the maiden name after you get the married name card. Thats a waste of time and money. Getting a name changed GC or any reason replacement GC takes about 9 months on average. Theres no need to get a divorce waiver 10yr GC with an old married name if you intend on using your maiden name again.

 

Yes, there are other things that will need to be changed like DL and SSN. Each agency requires different things to change your name back to maiden. Some want the GC, so for those you will have to wait until you have the GC in hand. (so again getting the married name and then waiting an additional  months for a name correction is foolish).

 

Also- BOTH your married name and your maiden name are considered LEGAL- you are allowed to use either. Most people like to have all their IDs matching because its easier. Find out what your local DMV needs to give you an ID in maiden name. I believe SS will want your GC, so if DMV wants GC or SS you will have to wait to change the DL.

 

Speak to your HR dept about what they want to change your name, they may change your name based on divorce or will say you have to wait until you have a GC or SS card or DL. 

 

I tried to change my name during ROC and was told I'd have to wait until I had the green card and then would have to file an I-90 to change it.

[Texas2016 18]

2 hours ago, Maxheadspace said:

 

First, if you change your name you can still travel.  Just keep a copy of the legal document that reflects change of name and show it whenever you show your green card.  My wife has to do that because some of her documents are still in her previous name.  But I have to say, it's a red flag that you file for divorce only two months after submitting all the I-751 documentation proving that you have a bona fide married relationship.  Not passing judgment, I'm sure your marriage was true.  It's just a perception issue.  Best of luck!

Thanks for your response.

Not passing judgment huh? I think you are sir... Do you think I want to divorce?! Trust me, I thought I was going to be married with this person for the rest of my life... This is heartbreaking enough and an emotional time. I do not need to be told by someone who does not know me or my marriage that there is a perception issue. Not appreciating that comment at all.

Edited December 13, 2018 by Texas2016