*Name Change* Questions

Cela

Registered Users (C)
Hello Members..

Brief description of my situation:
I'm a U.S. Citizen and I'm in the process of completing all the appropriate forms to petition my husband who had previously been petitioned by his brother 01/14/1998. After external research expert advice, and help from I've learned ........
  • That I can petition him as his wife and file I-130
  • That he qualifies for AOS I-485 under 254(i) from his bothers 1998 petition.
  • That he must also pay penalty and file I-485 supplement.
  • That I can file all these documents at the same time together.

My questions :confused:are the following:

  1. My husbands brother petitioned him using "Montes-Mendoza" (Father and mother last name using a hyphen in between)as his birth certificate reflects however we would like to shorten his name to just reflect his father's family name "Montes". My husband has opened banks accounts, credit cards accounts using both versions of last name. His Mexican consulate ID reflects both last names. Can I file all applications using just his father's family name "Montes", dropping the "Mendoza" although the brother petitioned him otherwise? Are there any negative consequences to doing so and what would those be?
  2. Since I plan to change my own name with his last name, is there any benefit or consequence if I do this after I file all the necessary paperwork (I-130, I-485, I-485 supplement) using my current name?

I'd appreciate any input available and thanking you all in advance.

Thanks,
CELA :)
 
he needs to use either his married name (yours) or his birth name (Montes-Mendoza).
If he doesn't want to, he needs to legally change his name to Montes (in court) first. It has nothing to do with his brother's petition, and has everything to do with his birth certificate.
If he had his name changed legally previously, he needs to provide legal proof.
 
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