Cnadian marrying Amrican, name change issue on papperwrk?

[aceitunaverde]

Hi there, I have searched through several posts and haven't been able to find any information I'm looking for.

I would really appreciate if someone could help us, since we are trying to have our papperwork filed out in the next couple of weeks...

I am a Canadian (with a B2 visa) getting married to my American fiancé next Monday (we've been together for 5 years). I feel like we already have all the forms we need to send out ready in order to apply for my residency, however there are a couple of questions...

1) Since I will be taking my hubby's last name (hyphenated with my maiden name), I am wondering if every papperwork presented has to be under the same name?. I went to get my inmigration medical exam this week, but since I haven't gotten married yet, the papperwork, or I-163 form, will carry my maiden name. Will this be a problem if every other form presented is under my married name?

2) Since we were told our marriage certificate won't be ready until about 3-4 weeks after we get married, I am afraid it might be cutting it close to my 6 month max. stay (which will be around December 20th). If I have to overstay (just for a few days) before being able to file my papperwork, would that be a problem? Could they possibly deny my I-485 or I-130 because of a few days overstayed?

I really appreciate any help you anyone can offer... Thank you!

 

[Jackolantern]

1) Since I will be taking my hubby's last name (hyphenated with my maiden name), I am wondering if every papperwork presented has to be under the same name?. I went to get my inmigration medical exam this week, but since I haven't gotten married yet, the papperwork, or I-163 form, will carry my maiden name. Will this be a problem if every other form presented is under my married name?

It won't be a problem once you get to the interview, as you'll be able to explain it easily to the interviewer if there is any confusion. But it could be a problem before the interview; inexperienced staff who handle the early processing may send an RFE because of it which could delay and complicate your case.

To avoid that, I suggest keeping your maiden name for everything until the interview. Then at the interview, tell the interviewer that you want the green card to have your married name, and show him/her the marriage certificate and a paper with your full name spelled out exactly as you want it. Then once you get the green card in your hand with the new name, you can go about changing everything else like driver's license (you will be expected to have a US license once you're a green card holder), Social Security etc.

The medical form is I-693, not I-163.

2) Since we were told our marriage certificate won't be ready until about 3-4 weeks after we get married, I am afraid it might be cutting it close to my 6 month max. stay (which will be around December 20th). If I have to overstay (just for a few days) before being able to file my papperwork, would that be a problem? Could they possibly deny my I-485 or I-130 because of a few days overstayed?

You're a Canadian who entered the US legally and are marrying a US citizen, so the overstay won't cause a denial. But during your overstay you should be careful to avoid places where immigration agents might question you, like highways near the Canadian or Mexican border, and airports. And once you file the I-485, don't leave the US until you have Advance Parole or the green card itself.