Applying for GC for wife

N

Nipster

Registered Users (C)
Hi all,
I'm a US citizen and would like to apply for GC for my wife who is currently on H-1b. According to the USCIS website I have to fill and submit I-130, I-864 and I-485 forms along with the necessary filing fees. The process seems to be self explanatory and well documented, however would like your opinions about if we should be doing this on our own or if we should contact an immigration lawyer and have them file the papers?

Also there is one document that is being requested for the I-130 application which was a bit confusing:
"Proof of any legal name change for you or the beneficiary"
Does this mean the wife has to adopt the husband's lastname and need to have some evidence of a legal name change? (my wife would like to keep her last name and hope this would not be an issue)

Thanks,
-Nipster
 
Last edited by a moderator:
i don't know the process for your wife's paperwork. but i am sure, your wife doesn't have to change her last name to your name. the sentence, "proof of any legal name change..." means if you got a name change done during the n-400 application, then you have to submit the court order paperwork, but otherwise ignore it
 
Thanks for your inputs...I wonder how others are doing this...By themselves or through a law firm?
 
Nipster said:
Hi all,
I'm a US citizen and would like to apply for GC for my wife who is currently on H-1b. According to the USCIS website I have to fill and submit I-130, I-864 and I-485 forms along with the necessary filing fees. The process seems to be self explanatory and well documented, however would like your opinions about if we should be doing this on our own or if we should contact an immigration lawyer and have them file the papers?

Also there is one document that is being requested for the I-130 application which was a bit confusing:
"Proof of any legal name change for you or the beneficiary"
Does this mean the wife has to adopt the husband's lastname and need to have some evidence of a legal name change? (my wife would like to keep her last name and hope this would not be an issue)

Thanks,
-Nipster
Click to expand...

That item means that IF a name change has taken place already, submit proof. A married woman has athe choice to change the last name based on marriage but does not have to change the last name. A marriage cert. is sufficient proof if she does.

Although she has an H1-B she should also include the I-765 and I-131 also as there is no additional fee and could come in handy.
 
that means whether you or your spouse has changed name; after marriage, during N-400 process (if you are naturalized citizen). if you or your spouse has no changes to name(s), then it will not apply. Also, if you or your spouse has ever changed name(s) from given (for example given name at birth) names, you need to list what was previous name and what name has been changed to with proof such as court documents, news paper advertisements, etc.
Your spouse can keep maiden name without any issues, not all married spouses need to change their names.
 
Thanks for all the responses. Name change issue is well understood now.

2nd part of the question was if a US citizen needs to sponsor his/her spouse for the GC and to file I-130, I-485 etc. is it better (advisable) to go through an immigration lawyer or would be ok to do it on his/her own? (note: I'm a naturalized US citizen and I am a bit familiar with these processes although it has been a few years...)
 
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