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  #1  
Old 29th May 2009, 08:59 PM
musashi musashi is offline
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Posts: 57
I-130 Petition for Mother - What name to use?
Hi Everyone,

Please help! I'm gonna send an I-130 on Friday (May 29) to petition my mother.

What name should I put in the form? Will it be my mom's maiden name? (she and my dad are now divorced)
or her "married name" (there is no divorced in the Philippines, only annulment but they did not went to an annulment process)

Currently, she is still using my dad's last name but my worry is that, if Im gonna use it in the form, will INS or NVC will question it?

Is there any ruling here in US that if you are already divorced with your husband, you should not be using your MARRIED NAME anymore?

Please help!

Thank you so much!
__________________
I-130 for Mom
06/13/2009: I-130 sent
06/16/2009: I-130 received
06/19/2009: I-130 NOA1
06/23/2009: Check cashed
09/01/2009: NOA2 (hard copy)
09/25/2009: DS-3032 & AOS bill in mail

I-130 for Wife
06/13/2009: I-130 sent
06/16/2009: I-130 received
06/19/2009: I-130 NOA1
06/23/2009: Check cashed
09/08/2009: NOA2 (e-mail approval)
09/18/2009: NVC Case Received & Assigned Case #
09/21/2009: NVC mailed DS-3032 and AOS bill
09/25/2009: DS-3032 & AOS bill in mail & email
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  #2  
Old 29th May 2009, 09:24 PM
Jackolantern Jackolantern is offline
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Quote:
Originally Posted by musashi View Post
Is there any ruling here in US that if you are already divorced with your husband, you should not be using your MARRIED NAME anymore?
No. Many women continue to use their married name until they get married again.

Are they divorced or not? You said they're divorced then you said they're not.
__________________
PD: Jan 2003 (EB3 rest of world)
I-485 filed: June 2005 Approved: July 2007
I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.
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  #3  
Old 29th May 2009, 09:27 PM
nkm-oct23 nkm-oct23 is offline
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If she has a passport then use the name that is in the passport.
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  #4  
Old 29th May 2009, 09:35 PM
musashi musashi is offline
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Posts: 57
Divorced but not annuled
Quote:
Originally Posted by Jackolantern View Post
No. Many women continue to use their married name until they get married again.

Are they divorced or not? You said they're divorced then you said they're not.
Thanks a lot Jacko... my parents are married in the Philippines. When my dad came here in USA, he filed divorced and sent papers to my mom. (my mom signed the divorced paper). But in the Philippines, DIVORCED is not honored. When you want to legally separated with your spouse, you need to file ANNULMENT (Philippine Ruling).

Thanks for the advise that she can still use her MARRIED NAME. Because she still using it on her documentations specially in her passport.
__________________
I-130 for Mom
06/13/2009: I-130 sent
06/16/2009: I-130 received
06/19/2009: I-130 NOA1
06/23/2009: Check cashed
09/01/2009: NOA2 (hard copy)
09/25/2009: DS-3032 & AOS bill in mail

I-130 for Wife
06/13/2009: I-130 sent
06/16/2009: I-130 received
06/19/2009: I-130 NOA1
06/23/2009: Check cashed
09/08/2009: NOA2 (e-mail approval)
09/18/2009: NVC Case Received & Assigned Case #
09/21/2009: NVC mailed DS-3032 and AOS bill
09/25/2009: DS-3032 & AOS bill in mail & email
Reply With Quote
  #5  
Old 29th May 2009, 09:39 PM
musashi musashi is offline
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Join Date: Feb 2009
Posts: 57
Married name
Quote:
Originally Posted by nkm-oct23 View Post
If she has a passport then use the name that is in the passport.
she is using her married name. Thanks a lot guys. ^_^
__________________
I-130 for Mom
06/13/2009: I-130 sent
06/16/2009: I-130 received
06/19/2009: I-130 NOA1
06/23/2009: Check cashed
09/01/2009: NOA2 (hard copy)
09/25/2009: DS-3032 & AOS bill in mail

I-130 for Wife
06/13/2009: I-130 sent
06/16/2009: I-130 received
06/19/2009: I-130 NOA1
06/23/2009: Check cashed
09/08/2009: NOA2 (e-mail approval)
09/18/2009: NVC Case Received & Assigned Case #
09/21/2009: NVC mailed DS-3032 and AOS bill
09/25/2009: DS-3032 & AOS bill in mail & email
Reply With Quote
  #6  
Old 29th May 2009, 09:51 PM
Jackolantern Jackolantern is offline
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Join Date: Sep 2005
Posts: 8,272
No divorce?

So until she gets the annulment, her marital status is still married (or separated, if there is an option for separated on the forms).
__________________
PD: Jan 2003 (EB3 rest of world)
I-485 filed: June 2005 Approved: July 2007
I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.
Last edited by Jackolantern; 29th May 2009 at 09:59 PM.
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  #7  
Old 30th May 2009, 09:57 AM
gieph2009 gieph2009 is offline
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Join Date: May 2009
Posts: 5
hi musashi I read your post Im also planning to petition my parent in the philippines but both of my parents is not married ,they been together since can't remember how long.but my mom use my dad last name even they where not married.
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  #8  
Old 30th May 2009, 12:03 PM
musashi musashi is offline
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Join Date: Feb 2009
Posts: 57
Thank you!
Hi Friends,

Thank you so much for your advises. Will submit the form with my mom's married name.

Again, thanks a lot for all your help! God bless
__________________
I-130 for Mom
06/13/2009: I-130 sent
06/16/2009: I-130 received
06/19/2009: I-130 NOA1
06/23/2009: Check cashed
09/01/2009: NOA2 (hard copy)
09/25/2009: DS-3032 & AOS bill in mail

I-130 for Wife
06/13/2009: I-130 sent
06/16/2009: I-130 received
06/19/2009: I-130 NOA1
06/23/2009: Check cashed
09/08/2009: NOA2 (e-mail approval)
09/18/2009: NVC Case Received & Assigned Case #
09/21/2009: NVC mailed DS-3032 and AOS bill
09/25/2009: DS-3032 & AOS bill in mail & email
Reply With Quote
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