Wife wants to change her name after filing i130 (merged)

[JamesBz 7]

     Hi everyone I filed an i130 on 04/21/2022 for my wife in the Philippines. I am the petitioner and am a USC. We are still awaiting approval for the i130 and my wife wants to change her name on her Philippine passport to my last name since the process is easier while she’s still there in the Philippines as opposed to doing it here in the States. 
     I filed the i130 with her current last name (her father’s last name). Her current last name is on the marriage certificate and her birth certificate. What steps do I need to take to make sure there’s no confusion with her name moving forward in the immigration process? We will file for a CR1 visa upon approval of the i130. PLEASE Help!!
     

[pushbrk 12,275]

2 minutes ago, JamesBz said:

     Hi everyone I filed an i130 on 04/21/2022 for my wife in the Philippines. I am the petitioner and am a USC. We are still awaiting approval for the i130 and my wife wants to change her name on her Philippine passport to my last name since the process is easier while she’s still there in the Philippines as opposed to doing it here in the States. 
     I filed the i130 with her current last name (her father’s last name). Her current last name is on the marriage certificate and her birth certificate. What steps do I need to take to make sure there’s no confusion with her name moving forward in the immigration process? We will file for a CR1 visa upon approval of the i130. PLEASE Help!!
     

No problem.  Just update at NVC stage.

[JamesBz 7]

18 minutes ago, pushbrk said:

No problem.  Just update at NVC stage.

So Im guessing we need to fill out the paperwork at the NVC stage with her new name. Then in the previous names used section list her old name? Also will she have to get the police clearance certificate in her old and new name? Or how does it work? Thanks for your time.

[pushbrk 12,275]

5 minutes ago, JamesBz said:

So Im guessing we need to fill out the paperwork at the NVC stage with her new name. Then in the previous names used section list her old name? Also will she have to get the police clearance certificate in her old and new name? Or how does it work? Thanks for your time.

Yes and yes

 

[top_secret 2,129]

2 hours ago, JamesBz said:

     Hi everyone I filed an i130 on 04/21/2022 for my wife in the Philippines. I am the petitioner and am a USC. We are still awaiting approval for the i130 and my wife wants to change her name on her Philippine passport to my last name since the process is easier while she’s still there in the Philippines as opposed to doing it here in the States. 
     I filed the i130 with her current last name (her father’s last name). Her current last name is on the marriage certificate and her birth certificate. What steps do I need to take to make sure there’s no confusion with her name moving forward in the immigration process? We will file for a CR1 visa upon approval of the i130. PLEASE Help!! 

 

 

Were you married in the Philippines or is your marriage registered in the Philippines?  She will absolutely need either a PSA Marriage Certificate or a PSA Report of Marriage to change her name in her Philippine passport.  If she intends to use your name its way easier to change her passport sooner rather than later.  For her NBI Clearance (Police Certificate) when she applies for it as "married" NBI will ask her husbands details as well as marriage certificate, and they will automatically assume she is using your name as well as listing her maiden name so both name variations get included for a married woman.

[JamesBz 7]

12 minutes ago, top_secret said:

 

 

Were you married in the Philippines or is your marriage registered in the Philippines?  She will absolutely need either a PSA Marriage Certificate or a PSA Report of Marriage to change her name in her Philippine passport.  If she intends to use your name its way easier to change her passport sooner rather than later.  For her NBI Clearance (Police Certificate) when she applies for it as "married" NBI will ask her husbands details as well as marriage certificate, and they will automatically assume she is using your name as well as listing her maiden name so both name variations get included for a married woman.

Yes we were married in the Philippines. Thanks for your time. What kind of details will the NBI need from me when she applies as married? Also does NBI clearance cover all of the Philippines? Or does she have to get a local polic clearance as well?

[top_secret 2,129]

58 minutes ago, JamesBz said:

Yes we were married in the Philippines. Thanks for your time. What kind of details will the NBI need from me when she applies as married? Also does NBI clearance cover all of the Philippines? Or does she have to get a local polic clearance as well?

NBI Clearance is nationwide and the only "police certificate" the embassy is interested in.  There is such a thing as a local "police clearance" but it is of no interest or value to the Embassy.  They just want the NBI Clearance.

 

It will just show "CIVIL STATUS MARRIED" and "HUSBANDS SURNAME".  NBI will want to see the Marriage Certificate when she applies.  It will also include her full maiden name.

 

It's good to get going on the NBI Clearance in advance.  It could take a few weeks.  Our I-130 got approved so fast (yea!!!) we were caught off guard and not prepared for NVC and lost a couple of weeks time scrambling to get the NBI Clearance last minute.  They are good for a year and much faster and easier to renew even if it took more than a year.

[top_secret 2,129]

Also to clarify on the name.  Philippine law states a married woman has an absolute right (but not obligation) to use her husbands surname if she wants to.  There is no legal process or any documentation whatsoever needed other than the marriage.  She can rightfully and immediately use your name for any and all things and legal documents in the Philippines based only on the marriage certificate.  The US is in full agreement with that too but ultimately the visa, green card and social security card match whatever name is on the passport she brings to the interview.  Ideally a passport with the name she intends to use.

[JamesBz 7]

6 minutes ago, top_secret said:

NBI Clearance is nationwide and the only "police certificate" the embassy is interested in.  There is such a thing as a local "police clearance" but it is of no interest or value to the Embassy.  They just want the NBI Clearance.

 

It will just show "CIVIL STATUS MARRIED" and "HUSBANDS SURNAME".  NBI will want to see the Marriage Certificate when she applies.  It will also include her full maiden name.

 

It's good to get going on the NBI Clearance in advance.  It could take a few weeks.  Our I-130 got approved so fast (yea!!!) we were caught off guard and not prepared for NVC and lost a couple of weeks time scrambling to get the NBI Clearance last minute.  They are good for a year and much faster and easier to renew even if it took more than a year.

Ok cool and thanks. I looked at your timeline how did you get your i130 approved in a little over one month and what service center was it at? As for the Marriage Certificate does it have to be the one from the PSA for the i130 and NBI? Or is the Cert or Marriage stamped, dated, and signed from the local civil registrar sufficient? Thanks

[Chancy 6,233]

15 hours ago, JamesBz said:

As for the Marriage Certificate does it have to be the one from the PSA for the i130 and NBI? Or is the Cert or Marriage stamped, dated, and signed from the local civil registrar sufficient?

 

Only the PSA marriage certificate is acceptable for US immigration.  The LCR copy will not be accepted by USCIS/NVC/USEM.

 

[JamesBz 7]

10 minutes ago, Chancy said:

 

Only the PSA marriage certificate is acceptable for US immigration.  The LCR copy will not be accepted by USCIS/NVC/USEM.

 

So I guess I should be expecting an RFE. What about if it’s the original marrige certificate that was filed with the civil registrar on the same day??  

[Chancy 6,233]

3 minutes ago, JamesBz said:

What about if it’s the original marrige certificate that was filed with the civil registrar on the same day??

 

Doesn't matter even if filed on the same day.  US immigration will only accept the marriage certificate on PSA paper with PSA seal.

 

[top_secret 2,129]

1 hour ago, JamesBz said:

So I guess I should be expecting an RFE. What about if it’s the original marrige certificate that was filed with the civil registrar on the same day?

If you already filed the I-130 with the civil register marriage certificate you could still upload the PSA copy to USCIS as other evidence.  They don't guarantee they would look at that but it couldn't hurt.

[JamesBz 7]

2 minutes ago, top_secret said:

If you already filed the I-130 with the civil register marriage certificate you could still upload the PSA copy to USCIS as other evidence.  They don't guarantee they would look at that but it couldn't hurt.

Ok thanks. I guess i’ll request for the PSA cert

[Kriselle 1]

On 5/29/2022 at 4:07 AM, top_secret said:

If you already filed the I-130 with the civil register marriage certificate you could still upload the PSA copy to USCIS as other evidence.  They don't guarantee they would look at that but it couldn't hurt.

Hi we just upload Marriage certificate certified thru copy, and I already request a PSA MC. The question is can we add the PSA MC when I get mine in the usics?