Passport of Beneficiary

[thinpea 32]

Hi guys! 

 

So my husband is filing the I-130 for me, he is the US Citizen and I am Canadian. After we got married I changed my last name to my married name. I got my driver's license and health card and debit/credit cards changed. I have yet to change my passport because I am anticipating a trip soon and will need it. I have a few questions regarding this name change:

 

1. Do I (the beneficiary) need to submit a scan of my passport in the  I-130 application? If I do, can we submit the application under my married name but my passport in my maiden name? (The reason I wouldn't want to submit the passport with my new name is because it will put off submitting the application until I get my passport which can take awhile because I will be using it in April and won't be able to change it until May and than will have to wait for it to come in)

 

2. What would be examples of documents I can submit to prove proof of my legal name change? 

Edited March 10, 2022 by thinpea

[Mike E 11,740]

1. No. First you cannot submit an I-130.  Your husband is the one who can. Second the beneficiary (you) is not required to have to have a passport at this stage in process. 
 

2. your marriage certificate is your evidence of lawful name change 

 

It will simplify your life if you focus on getting a new passport in your new name before you immigrate to the USA. 

Edited March 10, 2022 by Mike E

[thinpea 32]

1 hour ago, Mike E said:

1. No. First you cannot submit an I-130.  Your husband is the one who can. Second the beneficiary (you) is not required to have to have a passport at this stage in process. 
 

2. your marriage certificate is your evidence of lawful name change 

 

It will simplify your life if you focus on getting a new passport in your new name before you immigrate to the USA. 

I obviously know I am not the one submitting the I-130. I will change my passport before I immigrate of course but that was not the concern. Thank you though!

[Chancy 6,241]

*** Moved from IR1/CR1 Progress Reports to IR1/CR1 Process & Procedures ***

 

[pushbrk 12,968]

On 3/11/2022 at 3:34 AM, thinpea said:

I obviously know I am not the one submitting the I-130. I will change my passport before I immigrate of course but that was not the concern. Thank you though!

We tend to read things literally here, because that's what we advise Petitioners and Applicants to do when they read form questions and instructions.  If you want be understood, write exactly what you mean.  We would be foolish to assume anything about what you understand.  Your question and statements make it clear neither you or your husband have studied the I-130 instructions or the form itself yet.  Time to do that.

 

The I-130 asks for your passport number.  Provide it.  If it changes between now and the NVC stage, that's fine.  My advice is to get it changed as soon as you return from your upcoming trip, so it's done BEFORE the petition is approved and the passport is dealt with again at the NVC stage.

[thinpea 32]

On 3/11/2022 at 5:27 PM, pushbrk said:

We tend to read things literally here, because that's what we advise Petitioners and Applicants to do when they read form questions and instructions.  If you want be understood, write exactly what you mean.  We would be foolish to assume anything about what you understand.  Your question and statements make it clear neither you or your husband have studied the I-130 instructions or the form itself yet.  Time to do that.

 

The I-130 asks for your passport number.  Provide it.  If it changes between now and the NVC stage, that's fine.  My advice is to get it changed as soon as you return from your upcoming trip, so it's done BEFORE the petition is approved and the passport is dealt with again at the NVC stage.

At the very beginning of the question I stated my husband was the one filing for me so I think I made myself pretty clear in terms of that! The question was not in relation to the form itself, we are both well aware I will need to provide the passport number and have already completed the form I-130 and I-130A. Your questions and statements make it clear that you misunderstood what I was asking. All I needed to know was whether or not copies of my passport needed to be included and what constitutes proof of legal name change 

[pushbrk 12,968]

1 hour ago, thinpea said:

At the very beginning of the question I stated my husband was the one filing for me so I think I made myself pretty clear in terms of that! The question was not in relation to the form itself, we are both well aware I will need to provide the passport number and have already completed the form I-130 and I-130A. Your questions and statements make it clear that you misunderstood what I was asking. All I needed to know was whether or not copies of my passport needed to be included and what constitutes proof of legal name change 

Copies of  your passport are not included.  Your marriage certificate is all the evidence of name change you need, if this is the only name change.  Is this your first marriage and only name change?

 

[thinpea 32]

16 hours ago, pushbrk said:

Copies of  your passport are not included.  Your marriage certificate is all the evidence of name change you need, if this is the only name change.  Is this your first marriage and only name change?

 

This is my first marriage and only name change. The reason why I'm confused is because on the USCIS website under the I-130 Form they have a Checklist of Required Evidence and marriage certificate and proof of legal name change are listed as two separate things.

[pushbrk 12,968]

7 hours ago, thinpea said:

This is my first marriage and only name change. The reason why I'm confused is because on the USCIS website under the I-130 Form they have a Checklist of Required Evidence and marriage certificate and proof of legal name change are listed as two separate things.

Yes, because marriage and legal name change are two different things WHEN they ARE.  Marriage is not the only way one changes their name.  People change their name for various reasons.  First example of a legitimate reason to do so (but didn't) is Monica Lewinsky, but there are many others.