Yet another DS-260 surname question

[sativo 3]

We're finally getting to a point where we're filling out our DS-260, but have realized that we may have made a mistake. We were informed that when filing our I-130, we should use the surname we want to appear on the green card.

 

Since my wife prefers to use my surname as her married name, we naturally filed the I-130 with her married name (i.e. my surname).

 

However now we're reading that the surname used for the DS-260 should match her Ukrainian passport. Her Ukrainian passport uses her maiden name.

 

We do see there's an option to add "other names used", however we're also reading that the police records that we need to upload must include all names she enters in the DS-260.

 

We contacted the office that provides the police records and they told us that they will only provide records for the name listed on her passport (i.e. her maiden name)

 

So now we're confused and worried. The I-130 is in her married name. The NVC website shows her married name when we log in. But what should we fill out for her surname and "other names used"? Should we not reference her married name at all in the DS-260 since the police records will only include her maiden name?

Edited January 31, 2022 by sativo

[arken 4,197]

Unless your wife gets a new passport with the married name, she can't use her married name for visa application. Her name on the visa will match with the name from the passport. So if she is not updating her passport, use maiden name on DS260. Provide her married name in "other names".

 

[sativo 3]

6 minutes ago, arken said:

Unless your wife gets a new passport with the married name, she can't use her married name for visa application. Her name on the visa will match with the name from the passport. So if she is not updating her passport, use maiden name on DS260. Provide her married name in "other names".

 

Yeah, that's what we figured too. But won't this conflict with the fact that the I-130 was submitted with her married name? Or will the understand?

 

Also, is it important to list other names or can we skip that? Because her police records will not include her other name (i.e. married name)

Edited January 31, 2022 by sativo

[arken 4,197]

She has already use her other name, the "married name", on i130. List it. No issues.

Edited January 31, 2022 by arken

[sativo 3]

3 minutes ago, arken said:

She has already use her other name, the "married name", on i130. List it. No issues.

So what do we do about the police report? They won't give one with both names. Only the name in her passport.

[arken 4,197]

2 minutes ago, sativo said:

So what do we do about the police report? They won't give one with both names. Only the name in her passport.

I already said no issues. Go with passport name from now on.

[pushbrk 12,979]

Yes, the correct solution WOULD have been to get her a new passport earlier.  Second best is to wait until she gets a new one to go further.  Third option is to apply in the passport name.

 

You were most likely correctly advised to use the married name but you simply didn't think things through to the next steps early enough.  Now, you deal with that failure.

[Simplytex 387]

2 hours ago, pushbrk said:

Yes, the correct solution WOULD have been to get her a new passport earlier.  Second best is to wait until she gets a new one to go further.  Third option is to apply in the passport name.

 

You were most likely correctly advised to use the married name but you simply didn't think things through to the next steps early enough.  Now, you deal with that failure.

I was of the belief that a marriage certificate/license could act as a legal name change, so I130 could be filled in with the married name and putting the maiden name in "aliases". And then, where needed (such as the DS260) using the maiden name as shown in the passport. 

 

This would mean that the GC, and subsequently social security, driver's license, etc, would be easier to get with the married name. The caveat being that, when re-entering the US with passport and GC mismatch, the spouse would always need to also be carrying a certified copy of the marriage license.

 

Or is there something I missed?

Edited February 1, 2022 by Simplytex

[sativo 3]

2 hours ago, pushbrk said:

...but you simply didn't think things through to the next steps early enough.  Now, you deal with that failure.

LOL. Yes, this forum exists and is filled with thousands of questions because it's so easy to reason through the next steps.

Edited February 1, 2022 by sativo

[arken 4,197]

11 minutes ago, Simplytex said:

I was of the belief that a marriage certificate/license could act as a legal name change, so I130 could be filled in with the married name and putting the maiden name in "aliases". And then, where needed (such as the DS260) using the maiden name as shown in the passport.

If one is to use maiden name on DS260 per passport, using married name on i130 is useless. Having passport and immigrant visa on maiden  name will produce GC under maiden name.

Edited February 1, 2022 by arken

[pushbrk 12,979]

7 minutes ago, arken said:

If one is to use maiden name on DS260 per passport, using married name on i130 is useless. Having passport and immigrant visa on maiden  name will produce GC under maiden name.

Correct and until the passport name is changed, all airline travel will need to be ticketed in the name that's on the ID. Carrying the marriage certificate will not satisfy the airlines.  Travel in the passport name.  Should have changed the passport name long ago.  Can still do it, if they delay the rest of DS260 and NVC process until the new passport is issued.

 

"I was of the belief" is a well know source of false information.

[Redro 4,611]

36 minutes ago, Simplytex said:

I was of the belief that a marriage certificate/license could act as a legal name change, so I130 could be filled in with the married name and putting the maiden name in "aliases". And then, where needed (such as the DS260) using the maiden name as shown in the passport. 

 

This would mean that the GC, and subsequently social security, driver's license, etc, would be easier to get with the married name. The caveat being that, when re-entering the US with passport and GC mismatch, the spouse would always need to also be carrying a certified copy of the marriage license.

 

Or is there something I missed?

K-1s are able to change their names and receive a GC under the new married name (using the marriage certificate from the States) and do not have to update their passport. 

Perhaps I-130's undergoing AOS are also able to request GC under married name, but I'm not sure. 

IR-1/CR-1s going through consular processing will receive a visa a GC under the passport name. 

I think this is where the confusion occurs as AOS and consular processing have different rules. 

 

 

Edited February 1, 2022 by Kor2USA

[Simplytex 387]

28 minutes ago, pushbrk said:

"I was of the belief" is a well know source of false information.

I might be the exception to the rule, but I really do actually try to research as much as possible both on VJ and elsewhere!

 

My "of the belief" is simply me stating that I know that I don't know everything 😁 I always appreciate your input to threads though!

[Redro 4,611]

11 hours ago, sativo said:

We're finally getting to a point where we're filling out our DS-260, but have realized that we may have made a mistake. We were informed that when filing our I-130, we should use the surname we want to appear on the green card.

 

Since my wife prefers to use my surname as her married name, we naturally filed the I-130 with her married name (i.e. my surname).

 

However now we're reading that the surname used for the DS-260 should match her Ukrainian passport. Her Ukrainian passport uses her maiden name.

 

We do see there's an option to add "other names used", however we're also reading that the police records that we need to upload must include all names she enters in the DS-260.

 

We contacted the office that provides the police records and they told us that they will only provide records for the name listed on her passport (i.e. her maiden name)

 

So now we're confused and worried. The I-130 is in her married name. The NVC website shows her married name when we log in. But what should we fill out for her surname and "other names used"? Should we not reference her married name at all in the DS-260 since the police records will only include her maiden name?

I would upload a letter stating name has not officially changed in Ukraine so your wife is unable to submit police records under the married name. 

Hopefully the reviewer will be able to put two and two together as your wife will be uploading a passport with her maiden name not the married name. 

 

 

[sativo 3]

Thanks @Kor2USA