spouse change name to my name after start i130?

[steve-phuket 10]

we will send an i130  to USCIS in a couple of days and my wife still has her original name on all her docs, id card, passport, etc. so that's the name i've used on the i130. its a bit of a pain to change her family name to mine right now.

 

if she wants to change to my name in the next few months or years before the whole ir/cr1 process is complete would that be a problem? should she stick with her maiden name until we get the green card then change later? or should we wait to file i130 until she's changed to my name?

 

thanks steve

[Verrou 1,901]

Seems easier if she change her name after she got the green card. But thats me. The faster you file I-130 the better 

[Chancy 6,233]

6 hours ago, steve-phuket said:

if she wants to change to my name in the next few months or years before the whole ir/cr1 process is complete would that be a problem? should she stick with her maiden name until we get the green card then change later? or should we wait to file i130 until she's changed to my name?

 

No need to wait to file the I-130.  File ASAP using whatever her legal name is now if she is still undecided about changing her name.  But she should decide whether she wants to change her legal name before her spouse visa interview.  If she wants to use her married name, she will need to get a new passport with that name.  The name on the DS-260 must match the name on her passport.  That name will be the name on the visa and the green card.  If she decides to change her name only after getting the green card, she will need to pay to update the green card.

 

Edited December 12, 2020 by Chancy
typo

[steve-phuket 10]

6 hours ago, Chancy said:

 

No need to wait to file the I-130.  File ASAP using whatever her legal name is now if she is still undecided about changing her name.  But she should decide whether she wants to change her legal name before her spouse visa interview.  If she wants to use her married name, she will need to get a new passport with that name.  The name on the DS-260 must match the name on her passport.  That name will be the name on the visa and the green card.  If she decides to change her name only after getting the green card, she will need to pay to update the green card.

 

thanks, so if we file i-130 now then she changes her name in say 6 months from now, do we need to notify anyone of change of name or just wait for DS-260? 

 

her current passport has expired anyhow so she would likely change her name and get new passport immediate after within the next 6 months.

 

thanks

[Ryan H 3,796]

19 minutes ago, steve-phuket said:

thanks, so if we file i-130 now then she changes her name in say 6 months from now, do we need to notify anyone of change of name or just wait for DS-260? 

 

That can be addressed on the DS-260.

[SNAVegas 7]

On 12/12/2020 at 3:52 AM, steve-phuket said:

we will send an i130  to USCIS in a couple of days and my wife still has her original name on all her docs, id card, passport, etc. so that's the name i've used on the i130. its a bit of a pain to change her family name to mine right now.

 

if she wants to change to my name in the next few months or years before the whole ir/cr1 process is complete would that be a problem? should she stick with her maiden name until we get the green card then change later? or should we wait to file i130 until she's changed to my name?

 

thanks steve

No need to wait just file the i-130 ASAP & then Once your i-130 is aproved will be  sent to the NVC ( National Visa Center)  & you will receive the Welcome Letter from NVC. At that point  you can contact the NVC via their messaging email system. You should send a note that  she now  has a New Passport with new married name & you are requesting that the "Visa Applicant Name"  needs to be updated / changed. You will upload a copy of the bio page of the new passport, a copy of your marriage Certificate & a copy of her old passport. That is exactly what we did & within a few days they processed the request & updated the name change in the system. From there we processed the Ds 260 Application with her new married name. All done via email & never talked with any one by phone or chat..