US citizen marrying F1 - change of name HELP

[zuzkin]

Guys,

I was wondering if anybody can help me with a dilema.

I am about to become (hopefully) a US citizen. I've been married for about 2 years. My wife is an F1 student here. She has applied for a new passport (in her country) and wants to take my last name. Does anybody know if that will somehow affect the GC application process (change of status)??? Are there any other forms that we would need to complete before filing for the I-130?

I'd greatly appreciate any help/advice?

Thanks

[mthakkar]

I don't think there should be a problem if you do a legal name change especially since She is doing this due to marriage. This infact just might solidify your marriage is real and not a sham.

Make sure she has proof of legal name (e.g court document, legal affidavits etc.)

[zuzkin]

Originally Posted by mthakkar

I don't think there should be a problem if you do a legal name change especially since She is doing this due to marriage. This infact just might solidify your marriage is real and not a sham.

Make sure she has proof of legal name (e.g court document, legal affidavits etc.)

Thanks mthakkar. What exactly do you mean by "proof of legal name" and "court document"? She will get her new passport with her marriage name. Should we change other documents like marriage certificate, foreign driver licence to reflect the new name?

[ml_boston]

Originally Posted by zuzkin

Guys,

I was wondering if anybody can help me with a dilema.

I am about to become (hopefully) a US citizen. I've been married for about 2 years. My wife is an F1 student here. She has applied for a new passport (in her country) and wants to take my last name. Does anybody know if that will somehow affect the GC application process (change of status)??? Are there any other forms that we would need to complete before filing for the I-130?

I'd greatly appreciate any help/advice?

Thanks

If the marriage certificate shows her maiden name and new name (taking your last name), then it is a legal name change document as far as the US is concerned.

If the marriage certificate doesn't show a new name, then her name didn't legally change and you'll have to obtain legal name change document, which can be done relatively easily by court order in the US.

An updated passport alone isn't sufficient in the US.

Her GC application must be filed under her US legal name at the time of filing. My suggestion is to legally change it (if not done by the marriage certificate) before filing I-130/I-485, because:
1) it could serve as additional evidence of a bona-fide marriage
2) if you change it later via court order and want to update the Green Card, you have to file an I-90 and pay an extra $370 for the updated GC

-ML

K1 -> I-485 -> I-751 -> N-400

Filing I-130/I-485 for parent...

[Zadex]

Originally Posted by ml_boston

If the marriage certificate shows her maiden name and new name (taking your last name), then it is a legal name change document as far as the US is concerned.

If the marriage certificate doesn't show a new name, then her name didn't legally change and you'll have to obtain legal name change document, which can be done relatively easily by court order in the US.

An updated passport alone isn't sufficient in the US.

Her GC application must be filed under her US legal name at the time of filing. My suggestion is to legally change it (if not done by the marriage certificate) before filing I-130/I-485, because:
1) it could serve as additional evidence of a bona-fide marriage
2) if you change it later via court order and want to update the Green Card, you have to file an I-90 and pay an extra $370 for the updated GC

-ML

K1 -> I-485 -> I-751 -> N-400

Filing I-130/I-485 for parent...

Actually, a marriage certificate usually asks for the maiden name of the woman getting married only, and it serves as an official document when taking the husband's last name.

For my wife, we filed the I-485 with her taking my last name and just submitted the marriage certificate as documentation. Before that her passport and everything else just had her maiden name. Our lawyer said that was fine and the best way to do it, so that when she gets the green card, her name will have my last name.

When you apply to get the new passport, just bring your marriage certificate and that should be enough for her to get the passport in your last name.

This is how it's done anyways in the US, when a newlywed wants to change her credit card name and her driver's license last name, bringing the certified marriage certificate is enough to change it.

[ml_boston]

Originally Posted by Zadex

Actually, a marriage certificate usually asks for the maiden name of the woman getting married only, and it serves as an official document when taking the husband's last name.

For my wife, we filed the I-485 with her taking my last name and just submitted the marriage certificate as documentation. Before that her passport and everything else just had her maiden name. Our lawyer said that was fine and the best way to do it, so that when she gets the green card, her name will have my last name.

When you apply to get the new passport, just bring your marriage certificate and that should be enough for her to get the passport in your last name.

This is how it's done anyways in the US, when a newlywed wants to change her credit card name and her driver's license last name, bringing the certified marriage certificate is enough to change it.

Ok, I guess it differs by town/state. Where I got married, the certificate has separate lines for both the maiden and married name of the bride. When a bride opts NOT to take the groom's name, the bride put the same name on both lines.

Zuzkin, in either case above, if the name legally changed via the marriage certificate, then the I-130/I-485 must be filed under the post-marriage name.

-ML

K1 -> I-485 -> I-751 -> N-400

Now filing I-130/I-485 for parent...