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jasonburge1990

Need help on which family name my spouse will use on forms.

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Me and my spouse from Philippines are working on forms I-485, I-864, I-765, & I-131. Adjustment of Status, Work Authorization, and Travel Authorization. We are not sure if we should use her new last and middle name on all the forms mentioned before. The reason I am asking is the judge that officiated the wedding told us her last and middle name will not be changed until immigration is complete. I am not sure what he meant by that?

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3 minutes ago, jasonburge1990 said:

Me and my spouse from Philippines are working on forms I-485, I-864, I-765, & I-131. Adjustment of Status, Work Authorization, and Travel Authorization. We are not sure if we should use her new last and middle name on all the forms mentioned before. The reason I am asking is the judge that officiated the wedding told us her last and middle name will not be changed until immigration is complete. I am not sure what he meant by that?

The first place that an immigrant can change their surname name is on the AOS application. To do that you would apply in the new married name. 

Take note that changing the middle name in some states is tricky. Some won't allow a middle name change based on marriage. Contact your county courthouse to find out. 

If your state does not allow middle name changes based on marriage you would apply for AOS with just the new married surname and keep the rest of her name intact. Once the GC would be issued, you could then pay for a name change of the middle name and then pay for the GC name to be changed (all very expensive).

The judge was right though. You cannot change your name in most places until your name has been changed with DHS. That will happen upon approval of your EAD or GC (whichever comes first). Name change on most official documents (SSN {usually}, DL, bank accounts) will not occur until after the name has been changed with DHS. Again that happens once the EAD or GC has been approved and issued.

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