Surname Change after Interview

[AVL1 1]

Wife (beneficiary) had her interview @ embassy today and was approved for CR1. She wants to take my last name.

Just now read some threads that say she should have mentioned @ interview to request the GC to be issued in the new surname. Ofc that didn't happen.

 

What happens now? We have a flight back to US next week. How difficult does the process look once we get the GC & SS Card in the mail to get them changed to new surname? 

Glad this is over - but man wish we could have avoided any further paperwork headaches. Advice?  Thanks!!

[milimelo 4,494]

To get a gc in her married name she should’ve changed her passport to the new name. Embassy goes by passport info. 
 

Now if you want GC in married name you’ll have to pay I-90. 

[AVL1 1]

Ah okay. I see. I read info or discussion where the consular officer asks if you want the maiden name or married name on GC.

 

Is it okay to file the I-90 for replacement right after entrance at POE?

[mam521 2,102]

2 minutes ago, AVL1 said:

Ah okay. I see. I read info or discussion where the consular officer asks if you want the maiden name or married name on GC.

 

Is it okay to file the I-90 for replacement right after entrance at POE?

Yes, but you'll have to pay the GC replacement fee and it's not cheap.  

 

Also, there's no guarantees that just because she was conditionally approved at the Montreal consulate that she'll have her passport back by next week.  I say that just to you can prepare yourselves in case you have to reschedule your flights. 

[Crazy Cat 41,975]

I would wait until the new immigrant naturalizes.

[Crazy Cat 41,975]

28 minutes ago, AVL1 said:

I read info or discussion where the consular officer asks if you want the maiden name or married name on GC.

Never heard of that.  The GC will be the same name as the visa...which will be the same name as the passport.

Edited March 16, 2022 by Crazy Cat

[JeanneAdil 6,539]

I, too,  would request the name change which N 400 application for naturalization 

[AVL1 1]

If we take the fee and time effort out of the equation - then it's safe to say she can request a replacement let's say 2 weeks after entering?

[Chancy 6,241]

4 minutes ago, AVL1 said:

it's safe to say she can request a replacement let's say 2 weeks after entering?

 

An I-90 normally requires having the plastic GC on hand (or a police report about lost/stolen card) before requesting a replacement.  But there is no guarantee that she would get the GC in 2 weeks after US entry.  In my case, it's been more than 100 days, still no GC.

 

Also, there is a chance that USCIS will require a name change court order to process the I-90, if they strictly enforce their own instructions.  The I-90 form asks if the applicant's name has been legally changed since issuance of the existing card.  Since your marriage certificate is dated before her GC issuance date, it would not be valid evidence for this replacement reason.  But who knows, USCIS might accept it anyway.  Just be prepared that USCIS might ask for a name change order.

 

To change the name on her SS card, she will need to present to SSA either a GC in her married name or a name change order from your state court.

 

[pushbrk 12,968]

6 hours ago, Crazy Cat said:

I would wait until the new immigrant naturalizes.

 

5 hours ago, JeanneAdil said:

I, too,  would request the name change which N 400 application for naturalization 

And I understand well, the "I would..." part.  The reason is that it is clean and free, but also does not involve dealing with a new foreign passport.

 

However the OP may have reasons of their own for taking the more difficult road.

 

Easiest road for accomplishing all this has already been bypassed by not changing the name in the home country and getting a new passport.

 

Note also that if the green card is in married name and passport is in maiden name, she'll have to buy all international airline tickets in her passport name, and carry a marriage certificate WITH her green card to re-enter the US.  Messy.

Edited March 16, 2022 by pushbrk

[Verrou 1,962]

5 hours ago, AVL1 said:

If we take the fee and time effort out of the equation - then it's safe to say she can request a replacement let's say 2 weeks after entering?

I-90 take months and months. My friend applied since april 2021 ( GC lost ) still no GC until now