Last Name Issue - 485 & Passport (marriage)

[gss]

Hi All,

I filed for my wife's AOS in Jan 2002 (WAC 02-105-XXXXX) under her before marriage last name. I got her Advance Parole (AP), EAD and FP notice all under that name.

Due to some reason I had to change her last name on the passport to my last name. I checked with lawyer and he said best way have it changed would be during the stamping after approval.

Now we have to go to India. She can go on Advance Parole that should not be an issue. My question is - Is the last name difference on AP and Passport gonna create any issue while entering back in US ?

Should I get it changed with the INS in the 485 stage. Is that gonna create any issue or best is to wait for approval and get it changed during stamping like my lawyer is saying.

Please post your thoughts or expriences.

Thanks a lot in advance.

GSS

 

[RamFan]

What I know

GSS,

II know through some of my friends, who went through similar ordeal: They advised spouse should keep her maiden name, and not change her last name during GC process. Once you got your GC stamped and even wait until you get the plastic GC then you should go ahead and apply for the name change on the passport and GC. This way your whole thing goes smoothly without unnecessary delays or problems.

Getting back to your question since you already changed your wife last name, only thing you could do to be on the safer side is to carry some sort of proof, which shows her maiden name ex. Birth Certificate or educational certificate or drivers license. Keep them handy once your try to reenter U.S on AP to convince INS officer if required.

Good Luck,

RamFan