Ginnu really approciate your replies do you think this can become a serious issue during I485 approval or result in an rfe.ginnu said:I don’t understand how your wife has different name on AP and her passport?
If her passport is with maiden name, did you apply her I-485 with her married name or maiden name?
I485 was applied with married name(as advised by paralegal) but in the "Processing Information" section they asked give your name exactly how it appears on I94 card there we have given the maiden name bcos on her old I94 card it is her maiden name.Also in biographic information sectionwe have listed her maiden name in "All other names used section"
If applied I-485 with married name then she was supposed to get her name changed on passport. She was supposed to send copy of passport pages with her I-485, if she sent copy of maiden name passport with I-485 then how she got AP with married name?
Yes we sent her passport pages with maiden name, I dont know how/why they made AP with married name
What name on form I-131 she wrote? Was it same name as on I-485 application or different?
I am sure it was the same name as the I485 application which is the married name as on the I131 receipt notice it lists her married name
If you filed her I-485 with her maiden name then AP, EAD will have maiden
Name
I485 has been filed with married name but maiden name has been listed in sections which ask for all other names used. Her EAD, SSN card, H1B approval notice all have married name.
May be problem at POE if name on passport is different than AP.
** If I-485 filed with married name and AP has her married name, then before coming to US better she should get new passport copy from passport office with married name so that her name on AP and passport is same. You can still get her passport with married name from nearest Indian consulate/ embassy of India in US. Embassy of India DC gives new passport copy second day
*** why this kind of confusion post the details
When she entered US she got I-94 with maiden name, to show her valid status with valid I-94 at the time of filing I-485 the lawyer wrote her maiden name on I-485 and she submitted copy of passport that has maiden name. Lawyer needs to write this in cover letter when I-485 was filed.Jaggy said:Thanks for all the replies ginnu.Pls see my replies in bold.
Ginnu really approciate your replies do you think this can become a serious issue during I485 approval or result in an rfe.
---------------may be RFE and it seems your lawyer need to clear this with USCIS.
*** get the passport name changed to marred name so that name on Passport and AP is same. if she want to go out and enter on AP.Jaggy said:thanks ginnu we have temporarily put our travel plans on hold after reading your reply and we will get the name changed on passport.
------------ for name change on passport you dont need help of attorney go to your nearest Indian consulate site down load the form read instructions and get new passport copy with married name, then apply for transit visa and can go out and can come back .
I will get in touch with attorney on monday and get to the bottom of this. By the way the attorney has also submitted marriage certificate and two marriage affidavits so should that also take care of the name change situation.
this should be happening with every woman coming from India who has passport in maiden name.
----------- if passport is with maiden name they change the passport with married name before getting visa stamp or before applying I-485 or apply I-485 with maiden name and keep the maiden name passport with spouse name endorsed on it
Also in your opinion should she have got all these documents like AP, EAD, SSN card, H1B in her maiden name?
------------ SSN, EAD is for work nothing to do with travel. when she applied H1 if she was married why she did not change her passport and wrote married name on H1 petition and attached married name passport copies.
Anyways thanks a bunch!! and do you think this can turn out to be serious or result in a potential denial, just making sure.....
I don’t expect for her I-485 denial, may be the lawyer have to explain to USCIS and have to correct the data and submit the new passport copy to be attached with pending I-485. When go to lawyer ask the copy of her I-485 form that lawyer submitted to USCIS and seek legal advice from lawyer and not from paralegal If her I-485 file is transferred to local office by service center for interview then your wife can correct the data on I-485 and G325 at the time of interview. YOUR wife should NOT ask for fie transfer it would delay the processing. Make a package of all her H1 filing receipts, H1 approvals, I-485 filing, EAD AP any receipt notices copies of I-94 (front and back) marriage certificate, affidavits, DOB certificate and DL .Jaggy said:thanks a lot ginnu for all the time and replies, do you think we will have any denial issues at the I485 approval stage?
Jaggy said:Hi ginnu
I am trying to call the DC consulate but no one is answering do you know if it is a walk in thing to change name in passport or do we have to take prior appt
--------- go directly morning
Also do they change the name on the same passport or give an additional one with the new name
------------New Copy and will stamp the old passport cancelled and return it to you
What all documents do we have to take?
--------- why dont you read the Embassy site. all the info is provided
And you mentioned that we get the same day right?
---------second day after 4-30
Pls do reply.Your replies as usual will be greatly appreciated.
Thanks
Jaggy
Jaggy said:One more question if they stamp the old passport as cancelled then will that cause any issues for I485 approval
----------no problem
as we have sent that old passport pages which is now cancelled.
Also we should be ok to carry the old and new passport while travelling right?
----------keep both passport stapled
Once again I thank you for all your help ginnu!!!!. You are doing a great work.
pvr726 said:Keep the old passport preferably attached to the new one.. that way you can show that you submitted the currently valid one at the time of 485.
A related question: I am curious to know why your paralegal advised you to use married name for your wife in place of maiden name. My wife has had maiden name all along in all her own certificates, passport, marriage certificate and in all other documents therefore when we recently applied for 485 we used the same maiden name. Doing otherwise did not even cross our minds in fact.
Is there any issue with using maiden name on 485 and green card?
------------not a problem if she keeps her passport with Maiden name and GC with Maiden name. if she gives birth to baby in US then Baby Birth certificate will have her maiden name on BC and your name. if in future you apply PIO card for Child to visit India you both need to provide the copy of your passports and on PIO card childs Father name will appear
for International travel with Baby if Baby Last name is XXX and your last name is XXX no problem but if Baby last name is XXX and your wife last name is YYYY then she can face problems and will need a letter from YOU(father) that baby can travel with her
*** she CAN change her name(married name) at the time of Citizenship
Looking for Ginnu's inputs also.
** better to keep GC and passport with married name
TIA
Ram