Possible Problem, please advise.

[EspoMan]

Hello guys, as some of you guys know, I sent out my I-130 packet last Friday. When my lawyer filled out our I-130 she put my wifes maiden last name then hyphen then mine, so example Smith-White. Well anyways... today me and my wife noticed that in our marriage certificate where it says "family name" for her she put her maiden name and where it says maiden name its left empty if same as family name. Would there be a problem since she didn't "take" my last name in the marriage certificate, but it shows hyphen then my last name in the I-130? The reason is that in the marriage application it says Current Name- Family Name , so she thought she should put her maiden name, but she was actually supposed to put my last name in there and her maiden name were it said maiden name. So according to the marriage certificate, she kept her last name, and according to the INS forms, she has a hyphen then my name.

Thanks guys

edit: she is petitioning me by the way. She is a USC.

 

[EspoMan]

Bump

 

[Ashin2]

You should wait to hear from USCIS and to get the NOAs on all forms. If they send you an RFE eventually, then worry about it.

 

[dcAndreas]

Has your wife actually legally changed her name (which is a separate process from the marriage), or is she simply using a hyphenated last name now? Either way I don't think it's a big issue. As Ashin2 said, worry about it IF and when you get an RFE.

 

[EspoMan]

Has your wife actually legally changed her name (which is a separate process from the marriage), or is she simply using a hyphenated last name now? Either way I don't think it's a big issue. As Ashin2 said, worry about it IF and when you get an RFE.

No she has not legally changed her name. I didn't think that she had to legally change her name if she wanted my last name lol. Well, some of our credit cards has my last name only. So should she change her name her drivers license to my name or no? What about her social security card?

 

[shinkansen]

When you get married... at least the two times I've done it... Once you've said your vows you sign the marriage license with your new legal name... and that becomes your legal signature etc.

 

[cherr1980]

You can take the name of your spouse (normally the wife takes the husband's surname) or she can stay with her maiden name. It's a personal choice. There is nothing legal attach to it.

To avoid misunderstanding between paperworks it is better to be consistent like if she choose to have her maiden name or hyphen (some family names are made by this issue and became a new last name for the next generations) then it is better than the rest of the papers be in that way all the way.

Unfortunately that is the way your lawyer did it, which it is better in the near future that you both discuss with it the names and things like that with him/her, remember at the end it is your process.

In any case, is better to wait and see if they find a misunderstanding. Right now your wife does not has to change anything further...many people change after marriage their last name and while in the immigration process they still keep their license driver and other documents in their maiden name...later on they change all. Some states requires that if you change your last name due to marriage you should update your personal information with the different institutions.

Hope that helps and good luck.