751 and name change at same time?

[ucijeepguy 3]

Hello everyone,

 

I have a question, we are about ready to submit my wife's 751 paperwork but not sure what to do about a name change. When we filed the original 2 year green card paperwork we kept with her maiden name. Since then she's changed over her drivers license but we want to have her green card accurately show married last name as well. Does anyone know if I can do it at this time with filing the 751 or what specifically I need to do?

 

Thanks

[Juniper 62]

7 hours ago, ucijeepguy said:

Hello everyone,

 

I have a question, we are about ready to submit my wife's 751 paperwork but not sure what to do about a name change. When we filed the original 2 year green card paperwork we kept with her maiden name. Since then she's changed over her drivers license but we want to have her green card accurately show married last name as well. Does anyone know if I can do it at this time with filing the 751 or what specifically I need to do?

 

Thanks

Assuming your USA marriage certificate is your official legal USA married name change document and you used that document to change "over her drivers license", make sure to do the same with your Social Security card at the Social Security office (if not yet done this), and you have to make a separate petition to USCIS to get a new green card with married new name so USCIS can update her alien number identification using the USA marriage certificate as your official name change document.

 

But since you are doing your I-751, might as well use the maiden name here so you can get the I-751 NOA1 document back after filing with the same maiden name on her green card that is giving 18 more months of legal residency (because this is really important to file on time).  Then after you have your I-751 NOA1 document, then make a separate petition to USCIS to get a new green card with her married name using your USA marriage certificate as your official legal USA married name change document.  You won't be getting another green card for a long time, but USCIS will update her alien number identification and send you back a NOA1 document back for that.  You will use all of these documents for your N-400 filing using her married name, which can be done 3 months before the 3 years anniversary date of the first green card (3 years because used a K-visa).

 

Many K-visa timelines are showing I-751 interviews for the 10 year green card at the same exact time as the interview for naturalization N-400.  

Edited April 5, 2019 by Juniper

[arken 4,197]

Yes. Simply fill in i751 with her married name (listing her maiden name in “other names used” field) and she will get 10 year GC in her married name upon approval. Copy of marriage certificate is the proof of name change. No need to go thru any additional steps.

[Juniper 62]

Look at the instructions for I-90 please.

 

Form I-90. In order to replace the I-551 bearing your former name, the USCIS requires you to fill out Form I-90, Application to Renew or Replace Green Card.

 

There are no instructions anywhere with I-751 regarding changing the legal name associated with a green card, so why take that chance and have it kicked back when it is very important to have that I-751 accepted successfully within time limits.

 

That is why I suggested doing the I-751 with green card maiden name first ... get that I-751 NOA1 document back that gives 18 months extension ... then do the I-90 form as USCIS instructs for changing the legal name.

 

Edited April 7, 2019 by Juniper

[Juniper 62]

In the I-751 form, Part 1 Section 1: Information about the Conditional Resident ... I am suggesting using maiden name on green card there.  

 

In Part 1 Section 2: Other names used ... you would put her USA legal name there as well as other names found in her documents. 

 

As part of you supporting evidence, just have a page explaining that after filing this I-751, you will be filing an I-90 to officially change her legal name for her green card.  You would be following USCIS instructions and will surely get your I-751 NOA1 back quickly that extends the green card for 18 months.

[cyclone27 710]

Just add the name change on the i751 - we had an official court order. (Included court order in i751 packet) We received 10yr card with new legal name.

 

Traveled with court order document and marriage certificate both before 10yr and after without any issue.