Unable to change surname on passport, what to fill out on the DS260?

[MichelleDutch 0]

When we filed our I-130 we were under the assumption we would be able to change my last name to my husbands name, and in the documentation of the I-130 it said you could fill in your married name as long as you provided a copy of the marriage certificate. So we did. We filed about 7-8 months ago, and we're hoping to be able to go to the next stage soon. As we're looking to change my last name, the Dutch government told us that I am unable to do so. You can only change your surname in very specific circumstances, and getting married isn't one of them. I still find this a little difficult to believe, but all evidence points to the fact that they were correct. 

Instead, you can add a field in your passport ("e/v") which translated means, "spouse of", and then have your married name written there. I would really like my GC (and all subsequent documentation) to have my married name rather than my maiden name. 

 

My question: What should we fill out on the DS260?

 

1.) Do we use my maiden name and fill in my married name under "other names"

 

or 

 

2.) Do we use my married name and fill in my maiden name under "other names"

 

I understand that option 1 would not produce the desired result of having my married name on my GC, but I understand we might have to go down that path if option 2 is not allowed. Or is there any other option I'm not thinking of?

[nastra30 1,992]

IMO, you could go with either option. However, your maiden name is what will be printed on your visa & green card regardless of what option you go with, since that's the name you have in your passport. 

 

Passport name = Greencard name. No other way.

Edited January 30 by nastra30

[Lemonslice 4,563]

Keeping my name saved me so much trouble. 

[pushbrk 12,134]

The DS 260 asks for  your name.  Enter the one in your passport.  If you can't change it now, you can change it when you become a US Citizen.  You are referring to that name as "maiden name".  It reality, it IS that, but it is also simply your "name". (in the present tense)

[OldUser 4,885]

In your case I would put the maiden name and keep using it. Mismatching names on GC and passport are not the worst thing, and could be explained by carrying a copy of marriage certificate when you travel, but would you want to do it?

 

If you naturalize in the US and that means losing Netherlands citizenship (not an expert on laws of your country), then change name an N-400 stage. If you'd be keeping Netherlands citizenship (you can and you want) then keep name consistent on both docs and don't change name.

Edited January 31 by OldUser

[pushbrk 12,134]

31 minutes ago, OldUser said:

In your case I would put the maiden name and keep using it. Mismatching names on GC and passport are not the worst thing, and could be explained by carrying a copy of marriage certificate when you travel, but would you want to do it?

 

If you naturalize in the US and that means losing Netherlands citizenship (not an expert on laws of your country), then change name an N-400 stage. If you'd be keeping Netherlands citizenship (you can and you want) then keep name consistent on both docs and don't change name.

Good point.  Most countries allow adding a citizenship without losing one.  The issue with passports in two names, is solved by traveling both ways (for international travel) using the same name and passport.

 

[OldUser 4,885]

9 minutes ago, pushbrk said:

Good point.  Most countries allow adding a citizenship without losing one.  The issue with passports in two names, is solved by traveling both ways (for international travel) using the same name and passport.

 

I heard Netherlands is somewhat strict on multiple / dual citizenship.

 

Plus if travelling to Netherlands as a citizen, they may require entering the country on their passport (similar to US and US citizens entering the US). It's definitely something OP needs to investigate, potentially with a lawyer in Netherlands.

 

Travelling to a third country - sure, I'd just travel on US passport for simplicity. Unless Dutch passport has some better benefits at a particular destination. For example, travelling to EU is going to require eTA soon. But OP won't need to do it as a EU citizen.

 

 

Edited January 31 by OldUser