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Filed: K-1 Visa Country: Canada
Timeline
Posted (edited)

So I'm definitely not like most lol - I filed for the K1 Visa in August of this year.
For background, I am the petitioner - Male, I filed for my beneficiary in Canada - female.

Now for the odd-ball situation I'm in. My parents never married, they are still together (I believe they filed Domestic Partnership). I have my mother's last name and not my father's.
I have been wanting to do a last name change to match that of my father's plus my wife-to-be wishes to have this last name also.

Now, for the question you may not have the answer too.
I, the male - should I initiate the court proceedings now to get a legal last name change or should I wait until after the K1 is approved, get married and do a name change and my wife would also have to do the same - essentially a not so "bang for a buck" idea haha.
Really what I'm trying to figure out, is if I can do a last name change now and send the documents to USCIS as an "update" to my name.

  • I am in California so I cannot put my father's last name on a marriage certificate because... California doesn't allow it cause I'm not "associated" even though my birth certificate says otherwise but hey! whatever, its the gov't lol. I wish I knew this sooner cause I would've updated it prior to filing...

 

Is there possibly a way to reach out and find this information out from USCIS? I have tried googling but unfortunately I'm the minority here ... since I'm a guy...


tl;dr - male petitioner wants to change last name but already filed K1, can I do court proceedings to change legal last name or should I wait?

I don't want the K1 Visa to be null and void for something that I see as submitting as a simple update/supplement.

Edited by TMMT
update
Filed: Citizen (apr) Country: Myanmar
Timeline
Posted

I think the earliest you should do this is at your future wife’s I-485 interview (if she has one) or after your future wife gets her green card. 
 

Better yet, withdrew the I-129F, change your name, get married and file I-130/I-130A. 

Filed: K-1 Visa Country: Canada
Timeline
Posted
5 hours ago, Mike E said:

I think the earliest you should do this is at your future wife’s I-485 interview (if she has one) or after your future wife gets her green card. 
 

Better yet, withdrew the I-129F, change your name, get married and file I-130/I-130A. 

 

So if I'm understanding this correctly, for the I-485 portion, I could do a legal name change near/at approval of the Visa, get married under our "new" last name and present my court decree, attach it with the filing and bring to interview along with everything else that is required?

 

 

I could do it after the green card but just trying to make it less of a headache than it already is 😅

 

Filed: Citizen (apr) Country: Myanmar
Timeline
Posted
40 minutes ago, TMMT said:

 

So if I'm understanding this correctly, for the I-485 portion, I could do a legal name change near/at approval of the Visa, get married under our "new" last name and present my court decree, attach it with the filing and bring to interview along with everything else that is required?

 

 

I could do it after the green card but just trying to make it less of a headache than it already is 😅

 

I-485 is done after the visa is used. 
 

You should review the entire process at https://www.visajourney.com/guides/

 

this link gives the full set of steps:

 

https://www.visajourney.com/guides/k1-fiance-visa-flowchart/

 

 

Filed: Citizen (apr) Country: Russia
Timeline
Posted

Where are you at in the I129F process.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Filed: Citizen (apr) Country: Russia
Timeline
Posted

Do the name change if you want, that should take a few months.  Then when your fiancé has their interview, they can correct the I129F.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

 
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