J1 Au Pair - Name change and starting AoS while finishing contract

[BiscoeBunch 1]

Hey friends,

 

We recently got married - US citizen to a Brazilian Au Pair (with Au Pair Care, on her second year, no 212e requirements) and we are working on the process to start the adjustment of status/GC. 

 

We would like to change her name, especially to help with the AoS papers and to have joint banking, evidence of relationship, etc... 

 

To my knowledge this would look a little like this:

 

1. Get married/file the marriage (Done)

 

2. Change name with Social Security

3. Notify Au pair Care of the marriage/name change - and request new DS-2019 forum? (Should we expect any issues with this?? The host family has been very supportive the entire process.)

4. New drivers license (to include new name and Real ID)

5. File all the adjustment papers (we've already started filling out these, including the immigration doctor visit)

6. File/register the marriage with Brazil at an Embassy to request new passport

 

7. Wait for the J-1 contract to end (??) and then sit and wait for work permit/GC.

 

We have a few concerns that with the change of name that it may effect her current contract with Au Pair Care. Like I mentioned, the host family has been extremely supportive throughout the relationship and including being at the wedding and even helping with expenses. I have read that the name change wont effect the contract as long as the Au Pair and Host Family are in agreements with it continuing, and that the J-1 visa will continue until the end of its duration or until one party ends it? Both her and the host family would like to keep her 4-5 more months until they can find a appropriate replacement.

 

Some sites say you need to notify the Au Pair organizer soon after the marriage, is that regardless of immigration intentions/name change? Is that only if we change her name? 

 

Should we look out for anything else during this process?

 

All feedback / suggestions is much appreciated! 

[wildbug100420 275]

2 hours ago, BiscoeBunch said:

Hey friends,

 

We recently got married - US citizen to a Brazilian Au Pair (with Au Pair Care, on her second year, no 212e requirements) and we are working on the process to start the adjustment of status/GC. 

 

We would like to change her name, especially to help with the AoS papers and to have joint banking, evidence of relationship, etc... 

 

To my knowledge this would look a little like this:

 

1. Get married/file the marriage (Done)

 

2. Change name with Social Security

3. Notify Au pair Care of the marriage/name change - and request new DS-2019 forum? (Should we expect any issues with this?? The host family has been very supportive the entire process.)

4. New drivers license (to include new name and Real ID)

5. File all the adjustment papers (we've already started filling out these, including the immigration doctor visit)

6. File/register the marriage with Brazil at an Embassy to request new passport

 

7. Wait for the J-1 contract to end (??) and then sit and wait for work permit/GC.

 

We have a few concerns that with the change of name that it may effect her current contract with Au Pair Care. Like I mentioned, the host family has been extremely supportive throughout the relationship and including being at the wedding and even helping with expenses. I have read that the name change wont effect the contract as long as the Au Pair and Host Family are in agreements with it continuing, and that the J-1 visa will continue until the end of its duration or until one party ends it? Both her and the host family would like to keep her 4-5 more months until they can find a appropriate replacement.

 

Some sites say you need to notify the Au Pair organizer soon after the marriage, is that regardless of immigration intentions/name change? Is that only if we change her name? 

 

Should we look out for anything else during this process?

 

All feedback / suggestions is much appreciated! 

I wouldn't change name until naturalization. Less hassle. 

[WeekendPizzaiolo 96]

1 hour ago, BiscoeBunch said:

Hey friends,

 

We recently got married - US citizen to a Brazilian Au Pair (with Au Pair Care, on her second year, no 212e requirements) and we are working on the process to start the adjustment of status/GC. 

 

We would like to change her name, especially to help with the AoS papers and to have joint banking, evidence of relationship, etc... 

 

To my knowledge this would look a little like this:

 

1. Get married/file the marriage (Done)

 

2. Change name with Social Security

3. Notify Au pair Care of the marriage/name change - and request new DS-2019 forum? (Should we expect any issues with this?? The host family has been very supportive the entire process.)

4. New drivers license (to include new name and Real ID)

5. File all the adjustment papers (we've already started filling out these, including the immigration doctor visit)

6. File/register the marriage with Brazil at an Embassy to request new passport

 

7. Wait for the J-1 contract to end (??) and then sit and wait for work permit/GC.

 

We have a few concerns that with the change of name that it may effect her current contract with Au Pair Care. Like I mentioned, the host family has been extremely supportive throughout the relationship and including being at the wedding and even helping with expenses. I have read that the name change wont effect the contract as long as the Au Pair and Host Family are in agreements with it continuing, and that the J-1 visa will continue until the end of its duration or until one party ends it? Both her and the host family would like to keep her 4-5 more months until they can find a appropriate replacement.

 

Some sites say you need to notify the Au Pair organizer soon after the marriage, is that regardless of immigration intentions/name change? Is that only if we change her name? 

 

Should we look out for anything else during this process?

 

All feedback / suggestions is much appreciated! 

 

A contract is not null and void because of a name change. Otherwise, people would change their names to get out of an onerous contract. I cannot imagine the right to change one's name could be waived by contract. Perhaps a court could bar someone from a name change, but not a private party. If so, it would be the first I have heard of it.

 

An Au Pair contract may have a clause that a visa may only be sponsored if the au pair remains unmarried. Marriage may or may not trigger termination of participation in the agency's program. It depends on the agency.

 

What kind of visa was the au pair on? VisaJourney has an Adjustment of Status guide for couples in the US.

 

Is there a pressing reason why having a driver's license with the new name before AOS is so important? The expiration date of a DL is often the expiration of her visa or sooner. In some states, you can get a REAL ID driver's license with an AOS NOA1.

 

Brazil is very bureaucratic, especially with name changes. A US marriage certificate must be registered with Brazil for it to be recognized by any Brazilian authority, which can be done at a Brazilian consulate (Itamaraty). Any Brazilian consular process must use the consulate assigned to your US state. If you change a name in the US but not in Brazil, this can make round trip air travel to Brazil difficult in the future since she must use a Brazilian passport with her former name to enter Brazil. A name change may be easier at the naturalization stage.