Married in Cambodia now, how do the family names work with petitions?

[Dataunavailable 72]

We have been married now for almost a week, waiting on the marriage certificate, which I won't be able to get while here, which doesn't cause an issue as my wife can email it to me to print off, I am wondering if anyone knows how the last names work with regards to the petition, I know many Khmer woman keep their maiden names, my fiance wants to take mine, we talked but we couldn't figure out how to change her name here and if we did, would it cause issues with her work and daily life until she is in the U.S with me?

 

Or does her last name automatically change once she would enter the US on her spousal Visa? Would the embassy find it strange if I file the CR1 with her maiden name, or are they expecting her to have my last name on the paperwork?

[Crazy Cat 39,183]

If she is going to use your last name, the fill in all the immigration paperwork in her new name.  For USCIS purposes, she can use any combination of names on the marriage certificate.

 

https://www.uscis.gov/policy-manual/volume-1-part-e-chapter-5

"For purposes of requesting immigration benefits, a married person may use a legal married name (spouse’s surname), a legal pre-marriage name, or any form of either (for example, hyphenated name, pre-married name or spouse’s surname). Requestors must submit legal documentation, such as that listed below, to show that the name used is the requestor’s legal name:^[2]

• Civil marriage certificate;

• Divorce decree;

• Family registry;

• Country identity document;

• Foreign birth certificate;

• Certificate of naming; or

• Court order.   

[Crazy Cat 39,183]

@Dataunavailable, you might want to change your profile to CR-1/IR-1. 

[aaron2020 11,651]

Use the name that will be in her Cambodian passport.  

You have to follow the law on name change where she lives.  Not based on US norms.  Does her country's laws allow her to take your last name upon marriage?

 

If you file a petition for Jane Smith and her passport name is Jane Jones.  You're going to have problems.

You may want to wait for a name change when she files for US citizenship. 

[Crazy Cat 39,183]

20 minutes ago, aaron2020 said:

Use the name that will be in her Cambodian passport.  

You have to follow the law on name change where she lives.  Not based on US norms.  Does her country's laws allow her to take your last name upon marriage?

 

If you file a petition for Jane Smith and her passport name is Jane Jones.  You're going to have problems.

You may want to wait for a name change when she files for US citizenship. 

You're right.  The passport name could be an issue...  Thanks.