Changing name for consular processing without changing passport

[tworeelers 1]

Hey all, we used our married name on the I-130, even though that name is not official in the country of residence--the passport is still in maiden name.  We were under the impression that you could use the married name on the forms and have the green card issued in the new married name, as the USA recognizes marriage certificates as a legal document for name change.  After researching this, we realized the DS-260 requires the passport name to be entered for the visa to be issued in the same name, makes sense of course.  There is an option to list 'other names' in the DS-260 but the married name has not been used legally yet, so that may cause issues.

 

Questions are:

 

1) Will having the married name on the I-130 cause confusion during the DS-260 process?  We listed her maiden name as another name used on the I-130

 

2) Is it possible to request the married name goes on the green card, or does the green card need to match the issued visa used for entry in to the US?

 

The biggest issue we hope to avoid is issued with the DS-260 process because we used a name that is not recognized in my spouses country.  We are okay if the only thing that happens is we use her maiden name for the DS-260 and they end up issuing the green card in her maiden name.  We just don't want a conflict of her married name being someone that never existed so the I-130 and DS-260 don't match up.  Obviously, we would love the married name to be there to avoid the I-90 and fees/paperwork later.  Thanks for any insight.

[S2N 106]

The visa is issued in the name on the passport.

 

It’s fine you did I-130 under married name: you’ll just list it as another name used.

[tworeelers 1]

3 minutes ago, S2N said:

The visa is issued in the name on the passport.

 

It’s fine you did I-130 under married name: you’ll just list it as another name used.

Perfect, thanks.  I am sure this happens a lot and the embassy’s are used to it.  
 

Should I include a letter in the DS-260 documents explaining there is no police report for the married name used?  And explain why we used it?

[pushbrk 13,393]

Good answers so far, but why not get a new passport in the Married name?  What is the country?  Answers to these question may make big difference in advising you. 

[tworeelers 1]

10 minutes ago, pushbrk said:

Good answers so far, but why not get a new passport in the Married name?  What is the country?  Answers to these question may make big difference in advising you. 

Her country does not recognize marriage for name changes, that is why we are curious if the steps that we have already taken are still okay for completing the process without an issue, whether the name can be changed later or not. Changing the passport name is not an option currently.

 

So we are looking for information based on these steps that have us up to this point, filling out the DS-260.

 

Thanks

[TBoneTX 46,913]

Country is Honduras, correct?

[tworeelers 1]

7 minutes ago, TBoneTX said:

Country is Honduras, correct?

yeah, so they traditionally do not change their surname there for marriage.  She will keep her passport there with maiden name to make everything easier when visiting family there.  It is a pain in the butt to dal with bureaucratic paperwork there and it can take extensive amounts of time and running around. So that is why at this point it is not even an option for us to try to get a new passport while in this stage.  So I am looking for information based on where we are in the process, the steps we have taken and not for other suggestions that aren’t going to happen.

[pushbrk 13,393]

2 hours ago, tworeelers said:

yeah, so they traditionally do not change their surname there for marriage.  She will keep her passport there with maiden name to make everything easier when visiting family there.  It is a pain in the butt to dal with bureaucratic paperwork there and it can take extensive amounts of time and running around. So that is why at this point it is not even an option for us to try to get a new passport while in this stage.  So I am looking for information based on where we are in the process, the steps we have taken and not for other suggestions that aren’t going to happen.

So she needs to apply with the DS 260 using the maiden name.  Visa and green card will be in Maiden name.  She can change if she wants when she Naturalizes.  No, there's no other way unless she can change the name in her passport.

 

[Lemonslice 5,142]

2 hours ago, tworeelers said:

yeah, so they traditionally do not change their surname there for marriage.  She will keep her passport there with maiden name to make everything easier when visiting family there.  It is a pain in the butt to dal with bureaucratic paperwork there and it can take extensive amounts of time and running around. So that is why at this point it is not even an option for us to try to get a new passport while in this stage.  So I am looking for information based on where we are in the process, the steps we have taken and not for other suggestions that aren’t going to happen.

Her visa and green card will be in her passport (maiden) name.  

 

I was in a similar situation, and simply kept my maiden name.  It was SO much easier.  All my documents match.  No headache, no further action required.

 

Other ways to update her PR card:

- file an i-90 to get a replacement in her married name

- at removal of conditions

- when/if she becomes a US citizen

 

Anything before citizenship is, in my opinion, a useless hassle.  Having to travel with a marriage certificate to justify the name discrepancy between documents, blah... 

 

 

[S2N 106]

9 minutes ago, Lemonslice said:

Her visa and green card will be in her passport (maiden) name.  

 

I was in a similar situation, and simply kept my maiden name.  It was SO much easier.  All my documents match.  No headache, no further action required.

 

Other ways to update her PR card:

- file an i-90 to get a replacement in her married name

- at removal of conditions

- when/if she becomes a US citizen

 

Anything before citizenship is, in my opinion, a useless hassle.  Having to travel with a marriage certificate to justify the name discrepancy between documents, blah... 

 

 

Our situation is different (gay couple), but I basically told my husband the same as he’s considering changing his last name to either be mine or incorporate mine. We’re just waiting 4.5 years from now until (hopeful) naturalization.
 

Chile has a way to do it, but it’s needlessly complicated and like most things dealing with their government it’s easier to do it through the consulate in DC than while living there. 

[tworeelers 1]

6 minutes ago, S2N said:

Our situation is different (gay couple), but I basically told my husband the same as he’s considering changing his last name to either be mine or incorporate mine. We’re just waiting 4.5 years from now until (hopeful) naturalization.
 

Chile has a way to do it, but it’s needlessly complicated and like most things dealing with their government it’s easier to do it through the consulate in DC than while living there. 

Exactly, way more of a headache for us to deal with in Honduras.  We had the run around for 4 months just for our official marriage certificate to be given to us.  A passport needed asap would be a nightmare.  We will deal with the I-90 in the states.  Thanks for sharing!

[pushbrk 13,393]

6 hours ago, tworeelers said:

Exactly, way more of a headache for us to deal with in Honduras.  We had the run around for 4 months just for our official marriage certificate to be given to us.  A passport needed asap would be a nightmare.  We will deal with the I-90 in the states.  Thanks for sharing!

You do not want to change her name before she becomes a US Citizen, unless you are 100% certain she will not need to engage in international travel during that time.  She must travel and have tickets in her passport name.  When she presents her passport and green card at an airport abroad, seeking to board a flight to the USA, she needs a passport and green card with the same name, or no go.  See anonymous quote in my signature.

[OldUser 8,928]

8 hours ago, pushbrk said:

You do not want to change her name before she becomes a US Citizen, unless you are 100% certain she will not need to engage in international travel during that time.  She must travel and have tickets in her passport name.  When she presents her passport and green card at an airport abroad, seeking to board a flight to the USA, she needs a passport and green card with the same name, or no go.  See anonymous quote in my signature.

People also explain the name change with marriage certificate. I agrre though, it's a hassle to have different names on GC and passport. Another vote to keep current name until US naturalization.

[Crazy Cat 43,580]

19 hours ago, tworeelers said:

We will deal with the I-90 in the states.

Another vote to just wait and change name when naturalizing as a US citizen.  That way, any travel documents used before then will match and reflect her maiden name.  Once she becomes a US citizen, the Naturalization Certificate will serve as official name change document for her US passport.

Edited Sunday at 07:49 PM by Crazy Cat

[pushbrk 13,393]

In the USA, you can go by any name you want, as long as it isn't to commit fraud.  I used my stepfather's family name for a few years while still in elementary and junior high school. It was a bit tricky to get my school records changed after a divorce, but no big deal.  If your wife who is now Mrs. Jones, wants to introduce herself as Mrs. Smith, there is no harm in that, but her ID will be in her legal name.  My Chinese ex wife never changed her name, because it was not her custom to do so.  Many people thought of her as Mrs. Pushbrk.  No harm in that either.