Surname Changes

[PaisleyMoth 0]

Hey there! I've visited VisaJourney for the insight plenty of times now but this is my first post - I'm a UK resident engaged to wonderful Idahoan, we've just started filling things out and gathering evidence of our relationship, but I've got a question regarding my surname and need to work out the best way to proceed before we actually file. I've long intended to change my surname and know what I want to change it to. In England this is a fairly simple process and can be completed by Deed Poll - once approved I'd need to reach out to the passport office, my bank, workplace and such so the change is reflected there too. However, I'm hearing that this may have the potential to significantly complicate our application, and if it comes down to it I'd much rather stave-off changing my name if that means we can be together sooner.
I've seen answers on the forum talking about changing surname at marriage (usually one party taking the surname of the other, or, with one poster, both parties selecting a fresh new name jointly) - we love eachother immensely but are simultaneously very independent people - in her case, she wants to keep her current name, and in mine, I'd like to go forward in our new life together with the surname I've chosen to myself. Do you know if it's possible for me to make this change at marriage? If so, how does this affect the AOS, who should I inform, and how should I fill the documents out accordingly? Is it best to change it in England and bring a copy of the accepted deed poll forward, or would the discrepancy between my birth certificate and historic documentation against the new name just needlessly complicate the process? 

This is unconventional territory, and if anyone here has experience and wisdom on the matter we'd both be eternally grateful

 

Thanks, and all the best to you!

[Crazy Cat 41,982]

Where do you plan to marry?

[PaisleyMoth 0]

Boise, Idaho!

[Crazy Cat 41,982]

9 minutes ago, PaisleyMoth said:

Boise, Idaho!

Have you considered a CR-1 instead?

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Faster arrival in the US  
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slower arrival in the US 

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

[PaisleyMoth 0]

We've explored both, but ultimately with the K1 in mind is there anything you'd suggest for this situation?

 

Cheers!

[Crazy Cat 41,982]

1 minute ago, PaisleyMoth said:

We've explored both, but ultimately with the K1 in mind is there anything you'd suggest for this situation?

 

Cheers!

For you name change?  I don't know.......I can move this discussion to the UK area.....there are some great members who might have an idea.

[PaisleyMoth 0]

Please! Wherever you think is the best place for it

[Crazy Cat 41,982]

***Topic moved to UK discussion area for UK name change question****

[PaisleyMoth 0]

Thanks!

[Wuozopo 4,293]

3 hours ago, PaisleyMoth said:

Hey there! I've visited VisaJourney for the insight plenty of times now but this is my first post - I'm a UK resident engaged to wonderful Idahoan, we've just started filling things out and gathering evidence of our relationship, but I've got a question regarding my surname and need to work out the best way to proceed before we actually file. I've long intended to change my surname and know what I want to change it to. In England this is a fairly simple process and can be completed by Deed Poll - once approved I'd need to reach out to the passport office, my bank, workplace and such so the change is reflected there too. However, I'm hearing that this may have the potential to significantly complicate our application, and if it comes down to it I'd much rather stave-off changing my name if that means we can be together sooner.
I've seen answers on the forum talking about changing surname at marriage (usually one party taking the surname of the other, or, with one poster, both parties selecting a fresh new name jointly) - we love eachother immensely but are simultaneously very independent people - in her case, she wants to keep her current name, and in mine, I'd like to go forward in our new life together with the surname I've chosen to myself. Do you know if it's possible for me to make this change at marriage? If so, how does this affect the AOS, who should I inform, and how should I fill the documents out accordingly? Is it best to change it in England and bring a copy of the accepted deed poll forward, or would the discrepancy between my birth certificate and historic documentation against the new name just needlessly complicate the process? 

This is unconventional territory, and if anyone here has experience and wisdom on the matter we'd both be eternally grateful

 

Thanks, and all the best to you!

You can change your name by deed poll. Your fiancé would file the petition for you in the new name. Any form that asks for former names used would indicate your birth name for informational purposes. Besides providing your birth certificate, you will also provide the deed poll showing your name change for everything immigration which is a number of steps past getting a visa.  If you look at the documents London lists for your interview, you will find deed poll. https://uk.usembassy.gov/visas/fiancee-2/required-documents/. 
 

Statutory Declaration/Change of Name Deed Poll (if applicable)

If you use a different name from the one shown on the birth certificate, you must produce a document explaining the use of such a name. Evidence includes, but is not limited to baptismal certificate/record, a deed poll and/or school records showing early use of name

 

And you will want to get your passport changed  so the name you want on your visa will be the new name. Doing it before you start your immigration journey makes sense to me. 
 

When you enter the US, one of the first things to get a Social Security number. That must be in the exact name on your visa. Another reason to start immigration with the name you want. Or you’ll end up not being eligible u til you get a green card in the new name.
 

Generally when two people marry, they can assume one of the surnames of the two parties. You could use your wife’s surname or she yours without going to court for a legal name change. If Idaho allows other variations, you’ll have to check with Idaho law. 
 

You may also change you name in a court in the US. That involves legal fees, lawyer, going before a judge, etc. 

 

After you move and marry you will need to apply for your green card and work permit quickly for your best benefit. So going to court for a name change while you aren’t even a resident as far as immigration documentation could get tricky. Will your wife also want to be Mrs. “your new last name”? 
 

I do know someone personally from these forums (who I met in person numerous times) who wanted to change her name simply by filing for adjustment of status with a new middle name she picked. It was rejected by USCIS saying she could apply in the name on her visa or use the surname of her new spouse.  Or she could go to court for a name change before applying for her green card. Or she could wait until she applied for US citizenship at which time she could change any and all parts of her name for her naturalisation certificate. 
 

 

 

 

Edited January 26, 2020 by Wuozopo