Last Name/Passport Question

[gcmani]

Hi

I applied for my 485 in April 2002 , obtained EAD and waiting for approval. I got married in Sep 2002 and applied for my wife's EAD (received the same )and 485.

While applying for my wife's EAD/485 we retained her before marriage Last name and yet to include each other's name in the passport as spouse.

Now before the INS decision on my 485 approval

1) Do we have to include each other's name in the Passport as Spouse?

2) Can she retain her before marriage Lastname ?

3) Since the RD of her 485 is Nov 2002 will she get her approval decision along with me or it will be processed with Nov 2002 RD cases? My 485 RD is April 2002

Thanks in advance for your inputs
gcmani

 

[bbbishop]

My thoughts

1. If your wife came here on H4, the visa will state her as dependent of you. See the Annotation field in her visa. You don't have to include your name in her passport as spouse and vice versa.

My lawyers told me that, the name appearing on Visa is considered and important while applying for adjustment of status, not the passport name (I don't know how that will be different).

2. She can retain her maiden name. My wife has her maiden name in the passport, visa, EAD and 485 application. Changing it to your lastname involves some procedure. (I haven't done that, so don't know all the details and procedures).

3. I am not sure whether her 485 is processed along with Nov RD cases, but will definitely will not be processed along with yours.

Bob