Last Name Issue - 485 & Passport (marriage)

G

gss

Registered Users (C)
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.

Appreciate any help and Thanks a lot in advance.

GSS
 
I was advised by my lawyer to change the name before filing 485 application. the new passport has old and new names as well as spouce name on it.

Anyways ... your wife must have got new passport with note that this person carried old passport # and the name is changed from
<old name> to <new name>
Bring this to attention of your lawyer and ask him if it is
sufficient to establish that its same person, while entering US.

make sure that your lawyer is in loop when you decide anything and go as per their advice. keep all the documents ready such as marriage cert.

good luck
 
My last name on my passport is diff from the last name on my h1 (which is now expired) and my last name on my EAD is different from both. While issuing EAD the lady questioned the last name issue but gave me an EAD without hesitating further.
 
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