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Posted

So my wife arrived December 2018.. and she arrived witha  CR-1

My wife is now pregnant with our baby boy, only one month to go before he's born. My wife wants to change her last name to have my last name... 
Since we soon need to get started on the Petition to Remove Conditions, how do we go about this? Do you recommend we do this now? Or should we wait until after Removal of Conditions?

How difficult is it to change your last name? What is involved? 
Also, what do we need to do to get started with the Petition to remove conditions?

Posted

I changed my last name when I removed conditions as I renewed my passport with my new name before my ROC came up.    I used my new name and signature on the I-751 form and then added a note at the end (Part 11 Section 3.d) requesting a name change and attached a photocopy of my new UK passport as verification.    My request was honoured and my 10 year green card came back with my new name on.

I'm from the UK, hubby is from Michigan and is a retired US Army LTC.   We are currently stationed overseas.

Here is our immigration journey so far....

10.26.13 - Our wedding in Scotland 

11.26.14 - Filed I-130 at US Consulate, Frankfurt (DCF)

11.18.14 - Returned to Scotland to renew our vows for our first wedding anniversary

01.08.15 - NOA2 received in snail mail, together with case number and Packet 3 instructions

02.15.15 - Submitted Packet 3

02.17.15 - Packet 4 received by email with instructions to schedule medical and interview

02.18.15 - Email authorisation received from Consulate to gain access to appointment calendar

03.03.15 - Medical

03.18.15 - Interview - Approved

03.21.15 - Visa in hand

06.10.15 - POE Chicago (final destination Detroit)

07.20.15 - Received SSN in mail

07.27.15 - Received 2 year green card in mail

The journey to ROC starts here...!

10.05.15 - Returned to Germany on government orders

05.25.17 - Mailed ROC package to California Service Centre

06.14.17 - Received NOA 1 (dated 05.30.17) in mail

09.05.18 - Received a second NOA (dated 08.11.18) in mail granting a further six months extension to green card due to 'processing delays'

11.26.18 - ROC - Approved

12.05.18 - Approval Notice I-797 received in mail

12.18.18 - 10 year green card received in mail

The journey to citizenship starts here...!

 

Filed: IR-1/CR-1 Visa Country: Denmark
Timeline
Posted
Just now, JFox762 said:

My wife is not yet due to renew her Philippine Passport. Should she apply for a new passport from the Embassy/ConsulatE?

If she changes her last name she should renew her passport with the new name even if it's not expired. A passport is a government document, you want it to match her legal name

Our CR1 Journey:

 

USCIS Stage:

  • Feb 14 2019: NOA1 (NSC)
  • July 31 2019: I129f NOA1
  • Sep 19 2019: I129f NOA2 (Denied - 50 days from NOA1)
  • Sep 19 2019: I130 NOA2 (Approved - 217 days from NOA1)

 

NVC Stage:

  • Sep 27 2019: Sent to Department of State
  • Oct 31 2019: Case number received (34 days since sent)
  • Nov 1 2019: IV & AOS fees received & paid
  • Nov 14 2019: IV & AOS submitted
  • Dec 18 2019: All docs accepted, but one additional doc requested (5 weeks from submission)
  • Dec 18 2019: Requested doc submitted
  • Feb 19 2020: Documentarily Qualified (9 weeks from 2nd submission, 14 weeks from first submission)

 

Interview Stage:

  • Mar 11 2020: Interview letter received
  • Apr 1 2020: Interview date
  • Mar 17 2020: Interview cancelled due to COVID-19
  • August 3 2020: Rescheduled letter received, new appointment August 25 2020
  • August 25 2020: Visa approved at interview! (558 days from NOA1)
  • September 10 2020: Embassy received passport in mail
  • September 15 2020: Passport with visa in hand

 

October 11 2020: Arrived in US!

Filed: IR-1/CR-1 Visa Country: Denmark
Timeline
Posted
3 minutes ago, JFox762 said:

SO what are the steps my wife should start taking, to get the process rolling for changing her name?

When I changed my last name I just went down to the social security office and handed them my marriage certificate. Not sure how it would work right now with many SSA offices being closed for COVID; give your local SSA office a call

Our CR1 Journey:

 

USCIS Stage:

  • Feb 14 2019: NOA1 (NSC)
  • July 31 2019: I129f NOA1
  • Sep 19 2019: I129f NOA2 (Denied - 50 days from NOA1)
  • Sep 19 2019: I130 NOA2 (Approved - 217 days from NOA1)

 

NVC Stage:

  • Sep 27 2019: Sent to Department of State
  • Oct 31 2019: Case number received (34 days since sent)
  • Nov 1 2019: IV & AOS fees received & paid
  • Nov 14 2019: IV & AOS submitted
  • Dec 18 2019: All docs accepted, but one additional doc requested (5 weeks from submission)
  • Dec 18 2019: Requested doc submitted
  • Feb 19 2020: Documentarily Qualified (9 weeks from 2nd submission, 14 weeks from first submission)

 

Interview Stage:

  • Mar 11 2020: Interview letter received
  • Apr 1 2020: Interview date
  • Mar 17 2020: Interview cancelled due to COVID-19
  • August 3 2020: Rescheduled letter received, new appointment August 25 2020
  • August 25 2020: Visa approved at interview! (558 days from NOA1)
  • September 10 2020: Embassy received passport in mail
  • September 15 2020: Passport with visa in hand

 

October 11 2020: Arrived in US!

Posted
1 hour ago, JFox762 said:

My wife is not yet due to renew her Philippine Passport. Should she apply for a new passport from the Embassy/ConsulatE?

I was not due to change mine either, I had a few years left on it but it was a legal name change so I did it anyway.  I am not sure how your wife would go about it, I was stationed in Germany at the time I did mine so I renewed online and then just mailed the required documents to the passport office back in the UK and they sent my new passport to me at my German address.  

I'm from the UK, hubby is from Michigan and is a retired US Army LTC.   We are currently stationed overseas.

Here is our immigration journey so far....

10.26.13 - Our wedding in Scotland 

11.26.14 - Filed I-130 at US Consulate, Frankfurt (DCF)

11.18.14 - Returned to Scotland to renew our vows for our first wedding anniversary

01.08.15 - NOA2 received in snail mail, together with case number and Packet 3 instructions

02.15.15 - Submitted Packet 3

02.17.15 - Packet 4 received by email with instructions to schedule medical and interview

02.18.15 - Email authorisation received from Consulate to gain access to appointment calendar

03.03.15 - Medical

03.18.15 - Interview - Approved

03.21.15 - Visa in hand

06.10.15 - POE Chicago (final destination Detroit)

07.20.15 - Received SSN in mail

07.27.15 - Received 2 year green card in mail

The journey to ROC starts here...!

10.05.15 - Returned to Germany on government orders

05.25.17 - Mailed ROC package to California Service Centre

06.14.17 - Received NOA 1 (dated 05.30.17) in mail

09.05.18 - Received a second NOA (dated 08.11.18) in mail granting a further six months extension to green card due to 'processing delays'

11.26.18 - ROC - Approved

12.05.18 - Approval Notice I-797 received in mail

12.18.18 - 10 year green card received in mail

The journey to citizenship starts here...!

 

Filed: Timeline
Posted
8 hours ago, JFox762 said:

SO what are the steps my wife should start taking, to get the process rolling for changing her name?

For her GC she just needs to fill out the 751 with her married name.  You dont need an updated passport for GC purposes- the marriage certificate is enough for them to do the name change. If she needs to travel and was not able to update her passport she can still travel- she would just show the GC with the married name, her passport with her maiden name, and her marriage certificate showing the name change. If you do not apply for the 751 with the married name they will issue it in her maiden name and if you ever want to change it to the married name you will have to pay the 600$ or so fee for a new card with the married name on it. So do it at ROC. 

 

Your profile shows PI as the country so you should check in the regional forums for information on how she can update her PI passport. Lots of knowledgeable members there. Im not exactly sure of the process there but I believe they have some kind of registry you have to report the marriage to if you havent already. PI has some weird processes that other places dont like the whole cenomar thing- again the regional forum should give you all the answers. 

Filed: Citizen (apr) Country: Brazil
Timeline
Posted
1 hour ago, Villanelle said:

For her GC she just needs to fill out the 751 with her married name.  You dont need an updated passport for GC purposes- the marriage certificate is enough for them to do the name change. If she needs to travel and was not able to update her passport she can still travel- she would just show the GC with the married name, her passport with her maiden name, and her marriage certificate showing the name change. If you do not apply for the 751 with the married name they will issue it in her maiden name and if you ever want to change it to the married name you will have to pay the 600$ or so fee for a new card with the married name on it. So do it at ROC. 

 

Your profile shows PI as the country so you should check in the regional forums for information on how she can update her PI passport. Lots of knowledgeable members there. Im not exactly sure of the process there but I believe they have some kind of registry you have to report the marriage to if you havent already. PI has some weird processes that other places dont like the whole cenomar thing- again the regional forum should give you all the answers. 

 

The caveat is to make sure your marriage certificate can be used as a name change document. Some specify the name you will use after marriage, some only have the birth names of both parties. If it's the former, make sure the name matches, if it's the latter you can use it regardless.

Filed: K-1 Visa Country: Philippines
Timeline
Posted (edited)
17 hours ago, JFox762 said:

So my wife arrived December 2018.. and she arrived witha  CR-1

My wife is now pregnant with our baby boy, only one month to go before he's born. My wife wants to change her last name to have my last name... 
Since we soon need to get started on the Petition to Remove Conditions, how do we go about this? Do you recommend we do this now? Or should we wait until after Removal of Conditions?

How difficult is it to change your last name? What is involved? 
Also, what do we need to do to get started with the Petition to remove conditions?

Has she already reported your marriage to the Philippine Embassy? If not she will need to do that first because when she goes to renew her passport with her New married name, they will ask for the report of marriage. 1st step should be at your local social security office to have her SS card changed.

Edited by morry & ren
additional info
Filed: Citizen (apr) Country: Canada
Timeline
Posted

~~Moved to ROC - as this is the OP's next step.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Filed: Timeline
Posted
22 hours ago, Mollie09 said:

 

The caveat is to make sure your marriage certificate can be used as a name change document. Some specify the name you will use after marriage, some only have the birth names of both parties. If it's the former, make sure the name matches, if it's the latter you can use it regardless.

The laws can vary in different states. In some states they do specify the name you are using after marriage. In others they dont. Most of those states will allow you to change your name regardless if it was printed on the certificate. Regardless immigration is federal. USCIS considers a marriage certificate (with a new name printed on it or w/o a new name being specified) as a valid document for them to change your name. So getting the married name on the GC is not an issue. If they are in a state that does not accept the marriage certificate as name change proof then they will have to see what else they have to do to change other things like their DL. I guess the first step would be for the OP to check what is needed for name change at their state/local level as well. But for the GC the marriage certificate is enough for USCIS. 

  • 2 weeks later...
Posted
On 8/25/2020 at 5:29 PM, morry & ren said:

Has she already reported your marriage to the Philippine Embassy? If not she will need to do that first because when she goes to renew her passport with her New married name, they will ask for the report of marriage. 1st step should be at your local social security office to have her SS card changed.

We got married in the Philippines. 

Her Marriage Certificate does not seem to indicate any name change. 
Can we still submit the Removal of Conditions with her having my last name? 

Posted

So on the Removal of Conditions form I-751.... 

On the original IR1/CR1 petition, we filled it out as such.

Last name: (Her Father's last name)
First Name: Grace
Middle Name: (Her mother's last name)

That is basically the naming convention they use in the Philippines. 

My wife wants the new name to follow the same tradition with

Last Name: (My Last Name)
First Name: Grace
Middle Name: (Father's last name)

Is that how we put it down in the form? 

Posted
4 minutes ago, JFox762 said:

So on the Removal of Conditions form I-751.... 

On the original IR1/CR1 petition, we filled it out as such.

Last name: (Her Father's last name)
First Name: Grace
Middle Name: (Her mother's last name)

That is basically the naming convention they use in the Philippines. 

My wife wants the new name to follow the same tradition with

Last Name: (My Last Name)
First Name: Grace
Middle Name: (Father's last name)

Is that how we put it down in the form? 

 

If your wife wants to follow Philippine naming convention on her US documents, I suggest getting a new Philippine passport with her married name.  No need to do ROM if you were married in the Philippines.

 

Then submit a copy of her new passport bio page and a copy of your PSA-issued marriage certificate to USCIS.

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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