Kiki3

2 hours ago, pushbrk said:

It doesn't matter.  Maiden names are always on marriage certificates in most places.  That's how you can document that the Mary Jones on the Birth Certificate is the same Mary Jones that married Mary Smith.

 

The married name (if taking one is intended or required) should be used on the petition and visa application IF it is possible to get a new passport in that name before the visa interview.  There is no need to complete any legal process except legal marriage, in order to use the intended married name on the petition.

What if I can't get new passport? 

Me and my husband just got married in South Dakota. I wanna get his last name, but on the marriage certificate stands my maiden name. Should I file I-864 in my or his last name?