Beneficiary wife didn't take my name when married. Can she do it while -130 pending?

[arken 4,197]

10 minutes ago, Dave Knapp said:

My thought is to wait until the green card and SS card are issued, go to which ever court has jurisdiction over these things in Florida and petition  the court for a name change.  Then we would take that court order changing her name and get a new green card and s/s card in her married name.  She would deal with all the stuff in the Philippines when/if we go back there. Thanks again for your thoughts on this. 

After she immigrates and gets GC and SS, no need of any court order for married name change. She can simply apply for the replacement GC for a fee under married name, the proof of name change is the marriage certificate. Once she gets new GC, she can apply for the replacement SS card under new name using the new GC.

Edited January 22, 2022 by arken

[Chancy 6,233]

11 minutes ago, Dave Knapp said:

If she had changed it in the Philippines she would have had to update 13 different accounts and IDs with the name change in order for those accounts and IDs to be current and accurate.

 

Aside from her passport, there is no legal requirement for her to change the name on her accounts and IDs in order for them to be current and accurate.  Philippine law gives her the option to use her maiden name as one of her legal names in the Philippines FOREVER, except on her passport.  For her PH passport, if she decides to renew it with her married name, she cannot revert back to a passport with her maiden name, unless she presents a new legal name change document (eg. spouse death certificate, PSA annulment/divorce record, court order).

 

[top_secret 2,117]

Probably the greatest challenge these days in the Philippines would be getting an appointment with DFA at the passport office.  Those are pretty difficult to come by.   As Chancy said Philippine law give a married woman the absolute right to, but not the obligation to, use her husbands surname.  There is no legal process required beyond the marriage itself.  A married woman is entitled to use her husbands name.  Documentation of the marriage by PSA marriage certificate or overseas ROM would be required by DFA to chance the name on the passport.  USEM will happily issue the visa to whatever name appears on the Philippine passport they have at the time of interview. 

 

In our own case my wife is trying to use my name and legally can do so in the US and in the Philippines but since she COULD NOT get that elusive appointment with DFA to change her passport in the Philippines prior to the interview,  the visa, and the social security card, and the as yet not received green card, and the valid but not issued California drivers license, and nursing school enrolment and job and credit cards and banking and many many more......... all need to be changed piecemeal in the months and years going forward since she couldn't get that DFA appointment to get her passport changed before her interview.  If she intends to change her name, it is highly desirable to get that Philippine passport changed in time if you can.  The passport is the ONLY document relevant to immigration.

 

 

[pushbrk 12,245]

2 hours ago, Dave Knapp said:

Thanks to everyone for their input.  We are aware that it was lawful for her to retain maiden name. If she had changed it in the Philippines she would have had to update 13 different accounts and IDs with the name change in order for those accounts and IDs to be current and accurate.  That has nothing to do with the USCIS.  The issue at hand is that she is concerned about keeping her maiden name (Abdul) in the US because she hears about anti-Islamic sentiment.  She isn't a Muslim, and she doesn't look the part, but it concerns her and I doubt if anyone can change that.  My thought is to wait until the green card and SS card are issued, go to which ever court has jurisdiction over these things in Florida and petition  the court for a name change.  Then we would take that court order changing her name and get a new green card and s/s card in her married name.  She would deal with all the stuff in the Philippines when/if we go back there. Thanks again for your thoughts on this. 

I think a much better choice is to get her name changed only in her P.I. Passport, and then get the visa and green card issued in married name.  No court involved.  Simple stuff.  No need for the other 12 different accounts to be touched.  No need to change any ID except her passport.

[Dave Knapp 47]

1 hour ago, Chancy said:

 

Aside from her passport, there is no legal requirement for her to change the name on her accounts and IDs in order for them to be current and accurate.  Philippine law gives her the option to use her maiden name as one of her legal names in the Philippines FOREVER, except on her passport.  For her PH passport, if she decides to renew it with her married name, she cannot revert back to a passport with her maiden name, unless she presents a new legal name change document (eg. spouse death certificate, PSA annulment/divorce record, court order).

 

That may be true in the law, but in practice, the unthinking, unknowing people who process the daily transactions of life here don't know that. Any little "discrepancy" will stop the process until its corrected.  

[Redro 4,602]

9 hours ago, Dave Knapp said:

Thanks to everyone for their input.  We are aware that it was lawful for her to retain maiden name. If she had changed it in the Philippines she would have had to update 13 different accounts and IDs with the name change in order for those accounts and IDs to be current and accurate.  That has nothing to do with the USCIS.  The issue at hand is that she is concerned about keeping her maiden name (Abdul) in the US because she hears about anti-Islamic sentiment.  She isn't a Muslim, and she doesn't look the part, but it concerns her and I doubt if anyone can change that.  My thought is to wait until the green card and SS card are issued, go to which ever court has jurisdiction over these things in Florida and petition  the court for a name change.  Then we would take that court order changing her name and get a new green card and s/s card in her married name.  She would deal with all the stuff in the Philippines when/if we go back there. Thanks again for your thoughts on this. 

When she flies she'll still have to show her passport showing the name Abdul (and to my understanding that's when people face the most discrimination)... 

If she is looking to minimize discrimination she should attempt to change her name before she receives her visa.

Otherwise, she'll enter the USA and have to apply for all her documentation with her US visa bearing the name Abdul and then change her name piecemeal after she receives her GC with her new name.

 

I'm not sure if she can apply for a GC in her married name before she receives her first GC but if you pay attention to @top_secret his spouse entered the US in October and  receiving documentation under the married name has yet to be completed. Their first GC has not arrived and all documents that have been issued  are under the maiden name. 

If you're looking for advice from the members of the forum the consensus appears to be A) get a passport with married name issued in Philippines but don't change the name for any other documentation  (in the Philippines) or B) Keep maiden name after moving to the US and only change it when/if  your wife becomes a citizen. C) changing name immediately after entry might not be as easy as you assume. 

 

 

[Dave Knapp 47]

On 1/22/2022 at 11:06 AM, top_secret said:

Probably the greatest challenge these days in the Philippines would be getting an appointment with DFA at the passport office.  Those are pretty difficult to come by.   As Chancy said Philippine law give a married woman the absolute right to, but not the obligation to, use her husbands surname.  There is no legal process required beyond the marriage itself.  A married woman is entitled to use her husbands name.  Documentation of the marriage by PSA marriage certificate or overseas ROM would be required by DFA to chance the name on the passport.  USEM will happily issue the visa to whatever name appears on the Philippine passport they have at the time of interview. 

 

In our own case my wife is trying to use my name and legally can do so in the US and in the Philippines but since she COULD NOT get that elusive appointment with DFA to change her passport in the Philippines prior to the interview,  the visa, and the social security card, and the as yet not received green card, and the valid but not issued California drivers license, and nursing school enrolment and job and credit cards and banking and many many more......... all need to be changed piecemeal in the months and years going forward since she couldn't get that DFA appointment to get her passport changed before her interview.  If she intends to change her name, it is highly desirable to get that Philippine passport changed in time if you can.  The passport is the ONLY document relevant to immigration.

 

 

It will probably be much easier to change the passport name at the Embassy.