CR-1 clarification

[Swafford25 20]

Hello, my fiancé and I are planning on getting married next month using the Utah County virtual marriage ceremony and then traveling to Thailand for a month to complete the meeting requirement. 

However, before I started anything, I want to make sure I have the right information that I have gathered from various topics on the forum.

 

1. Due to the passport renewal nightmare that is the Philippines, I am planning to file the I-130 visa with her married name that is still on her passport. We will not have time to book tickets and travel before receiving a time slot with the DFA. 

2. From my readings, we can get her passport updated to her new married name and use that name and passport when we reach the stage of filing the DS-260. This should allow her green card to show her new married name rather than what is on her old passport. 

3. Alternatively, if needed can we keep her old married name on her passport as it is not due to expire until 2026 and just pay and go through the legal name change process once she is in the states?

 

Thank you all for any help

[Chancy 6,241]

11 minutes ago, Swafford25 said:

my fiancé and I are planning on getting married next month using the Utah County virtual marriage ceremony and then traveling to Thailand for a month to complete the meeting requirement. 

 

If you're going to meet in Thailand anyway, why not have your Utah online wedding while you are together in Thailand?

 

13 minutes ago, Swafford25 said:

Due to the passport renewal nightmare that is the Philippines, I am planning to file the I-130 visa with her married name that is still on her passport.

 

Just checking -- how did her previous marriage end?

 

[Swafford25 20]

She filed for annulment that process finally finished 3 months ago

[Chancy 6,241]

9 minutes ago, Swafford25 said:

She filed for annulment that process finally finished 3 months ago

 

Thanks for the clarification.  When you say "finished", do you mean that her PSA marriage record has been annotated with the annulment information?  I ask because this will have an impact on whether she can update the name on her PH passport or not.

 

Edited November 8, 2021 by Chancy
typo

[Swafford25 20]

Yep we got through the PSA process

[Chancy 6,241]

14 minutes ago, Swafford25 said:

Yep we got through the PSA process

 

Great!  In that case, here's my suggested order of activities --

1. Meet and marry (through Utah online wedding) in Thailand.
2. File I-130 petition using beneficiary's new married name.
3. File Report of Marriage (ROM) through the PH consulate in San Francisco.
4. Get PSA-authenticated ROM document.
5. Book passport renewal appointment using new married name.
6. Attend passport appointment, bringing PSA ROM.
7. Get new passport with new married name.

If the new passport is not ready by the time of DS-260 submission, just use the name on the existing valid passport, while listing the new married name under "Other Names Used".  The DS-260 can be updated later once the new passport is ready or on the day of the visa interview.